[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67480-67481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28290]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2001-11213, Notice No. 23]


Drug and Alcohol Testing: Determination of Minimum Random Testing 
Rates for 2019

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notification of determination.

-----------------------------------------------------------------------

SUMMARY: This notification of determination announces FRA's minimum 
annual random drug and minimum annual random alcohol testing rates for 
covered employees and for maintenance-of-way (MOW) employees for 
calendar year 2019.

DATES: This determination takes effect December 28, 2018.

FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol 
Program Manager, W33-310, Federal Railroad Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590 (telephone 202-493-6313); or Sam 
Noe, FRA Drug and Alcohol Program Specialist, Federal Railroad 
Administration (telephone 615-719-2951).

SUPPLEMENTARY INFORMATION: FRA is announcing the 2019 minimum annual 
random drug and alcohol testing rates for covered service employees, 
and the 2019 minimum annual random drug and alcohol testing rates for 
MOW employees. For calendar year 2019, the minimum annual random 
testing rates for covered service employees will continue to be 25 
percent for drugs and 10 percent for alcohol, while the minimum annual 
random testing rates for MOW employees will continue to be 50 percent 
for drugs and 25 percent for alcohol.
    To set its minimum annual random testing rates for each year, FRA 
examines the last two complete calendar years of railroad industry drug 
and alcohol program data submitted to its Management Information System 
(MIS). The rail industry's random drug testing positive rate for 
covered service employees (employees subject to the hours of service 
laws and regulations) remained below 1.0 percent for 2016 and 2017. The 
Administrator has therefore determined the minimum annual random drug 
testing rate for the period January 1, 2019, through December 31, 2019, 
will remain at 25 percent for covered service employees. The industry-
wide random alcohol testing violation rate for covered service

[[Page 67481]]

employees remained below 0.5 percent for 2016 and 2017. Therefore, the 
Administrator has determined the minimum random alcohol testing rate 
will remain at 10 percent for covered service employees for the period 
January 1, 2019, through December 31, 2019. Because these rates 
represent minimums, railroads may conduct FRA random testing at higher 
rates.
    MOW employees became subject to FRA random drug and alcohol testing 
in June 2017. The Administrator has determined that the minimum annual 
random testing rates initially established for MOW employees will 
remain in effect since FRA does not yet have MIS data on their 
industry-wide performance rates. Therefore, for the period January 1, 
2019, through December 31, 2019, the minimum annual random drug testing 
rate will continue to be 50 percent for MOW employees, and the minimum 
annual random alcohol testing rate will continue to be 25 percent for 
MOW employees. As with covered service employees, because these rates 
represent minimums, railroads may conduct FRA random testing of MOW 
employees at higher rates.

    Issued in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2018-28290 Filed 12-27-18; 8:45 am]
 BILLING CODE 4910-06-P