[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Page 67962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32821]


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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

49 CFR Parts 653 and 654


Prevention of Prohibited Drug Use in Transit Operations; 
Prevention of Alcohol Misuse in Transit Operations

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of random drug and alcohol testing rate.

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SUMMARY: This notice announces the random testing rate for employers 
subject to the Federal Transit Administration's (FTA) drug and alcohol 
rules.

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION: Contact Judy Meade, Director of the Office of 
Safety and Security (202) 366-2896 (telephone) and (202) 366-7951 
(fax). Electronic access to this and other documents concerning FTA's 
drug and alcohol testing rules may be obtained through FTA's Transit 
Safety and Security Bulletin Board at 1-800-231-2061 or through the FTA 
World Wide Web home page at http://www.fta.bts.gov; both services are 
available seven days a week.

SUPPLEMENTARY INFORMATION: The Federal Transit Administration (FTA) 
required large transit employers to begin drug and alcohol testing 
``safety-sensitive'' employees on January 1, 1995, and to report, 
annually by March 15 of each year beginning in 1996, the number of 
``safety-sensitive'' employees who had a verified positive for the use 
of prohibited drugs, and the number of safety-sensitive employees who 
tested positive for the misuse of alcohol. Large employers are required 
to annually submit other data, not relevant here, in the same report; 
these data are available from the FTA as discussed below. Small 
employers started testing their ``safety-sensitive'' employees on 
January 1, 1996 and will begin to report the same information as the 
large employees beginning on March 15, 1997.
    The rules established a random testing rate for prohibited drugs 
and the misuse of alcohol; specifically, the rules require that 
employers conduct random drug tests at a rate equivalent to at least 50 
percent of its total number of safety-sensitive employees for 
prohibited drug use and at least 25 percent for the misuse of alcohol. 
The rules provide that the drug random testing rate will be lowered to 
25 percent if the ``positive rate'' for the entire transit industry is 
less than one percent for two consecutive years. Once lowered, it may 
be raised to 50 percent if the positive rate equals or exceeds one 
percent for any one year. (``Positive rate'' means the number of 
positive results for random drug tests conducted under part 653 plus 
the number of refusals of random tests required by part 653, divided by 
the total number of random drug tests conducted under part 653 plus the 
number of refusals of random tests required by part 653.)
    Likewise, the alcohol rule provides that the random rate will be 
lowered to 10 percent if the ``violation rate'' for the entire transit 
industry is less than .5 percent for two consecutive years. It will 
remain at 25 percent if the ``violation rate'' is equal to or greater 
than .5 percent but less than one percent, and it will be raised to 50 
percent if the ``violation rate'' is one percent or greater for any one 
year. (``Violation rate'' means the number of covered employees found 
during random tests given under part 654 to have an alcohol 
concentration of .04 or greater, plus the number of employees who 
refuse a random test required by part 654, divided by the total 
reported number of employees in the industry given random alcohol tests 
under part 654 plus the total reported number of employees in the 
industry who refuse a random test required by part 654.)
    FTA has received and analyzed the 1995 data from large transit 
employers. The ``positive rate'' for random drug tests was 1.7 percent 
and the ``violation rate'' for random alcohol tests was 0.24 percent; 
therefore, for 1997, transit employers will continue to be required to 
conduct random drug tests at a rate equivalent to at least 50 percent 
of the total number of its ``safety-sensitive'' employees for 
prohibited drugs and at least 25 percent for the misuse of alcohol.
    FTA will be publishing in December a detailed report on the 1995 
data collected from large employers. This report may be obtained from 
the Office of Safety and Security, Federal Transit Administration, 400 
Seventh Street, SW, Room 9301, Washington, DC 20590, (202) 366-2896.

    Issued: December 20, 1996.
Gordon J. Linton,
Administrator.
[FR Doc. 96-32821 Filed 12-24-96; 8:45 am]
BILLING CODE 4910-57-U