Steps to comply with the new drug testing rate

By Kathy Close, transport safety editor at J.J. Keller & Associates

The random drug testing rate recently doubled for carriers with truck and bus drivers operating vehicles requiring a commercial driver’s license (CDL).

On Dec. 27, the Federal Motor Carrier Safety Administration (FMCSA) announced in a Federal Register notice that carriers are required to test at least 50% of their average number of drivers for drugs starting in 2020. The random alcohol testing rate remains at a minimum of 10%.

You should consider the following steps to help ensure your motor carrier’s testing program is compliant with the new requirement:

1.   Update your policy

Many DOT drug and alcohol testing policies and driver educational materials include the actual testing rates, rather than a generic statement of “testing at the current rate.” If your policy includes these details, you will have to update your company’s materials.

Even though the FMCSA does not require that you reissue the revised policy to current drivers, a best practice is to provide them with an addendum with just the revised verbiage. This action demonstrates safety management controls to comply with §390.3(e), which requires that everyone knows and is applying the safety regulations.

2.   Alert program managers

Those motor carriers that outsource their DOT drug and alcohol testing duties may need to communicate with their consortium/third-party administrators (C/TPAs) to ensure they are selecting the current rate.

If you have an in-house program, make sure your random selection software is set at the current testing rate. If not, you may need to manually adjust the rate to ensure you select the correct number of drivers.  

Whether the random selection is generated internally or externally, your designated employer representative (DER) needs to be informed of the rate change. It may affect his or her daily duties, including number and timing of test notifications, monitoring test results, and other administrative tasks.

3.   Evaluate your testing cycle

You might consider adjusting your carrier’s testing cycles due to the increase in drug tests. Consider which of the following is better suited for your operation:

• A short testing cycles (e.g., monthly, every month), or
• The minimum quarterly testing

Both of these options have advantages and disadvantages. For instance, a quarterly draw includes a larger number of names, but you have three whole months to complete the tests.

For some carriers, a handful of names selected more often may seem more manageable. But you have less time to notify the drivers and more opportunity for missed tests due to long-term absences.

4.   Start out strong

Since the increase was effective Jan. 1 , a motor carrier’s first random selection of the year must reflect the new testing rate. If the carrier is not testing at the applicable rate from the onset, it would have to test at yet an even higher rate throughout the year to catch up.

5.   Compensate for missed tests

The new drug testing rate may increase the number of missed tests, and in some situations, even one missed test could result in a failure to meet the required rate.   

For cancelled tests, if you need the test result for your annual numbers, you must select at a higher rate within the year.

You have more available options for random tests missed due to a driver’s absence. Examples include layoffs, leaves of absence, long vacations, or employment separations before a driver’s notification. A motor carrier may not excuse a driver from a random test due to an inconvenience (e.g., too busy, driver dispatches).

If a selected driver is unavailable, the motor carrier has one of three options:

• Test upon return, if within the testing cycle, provided the notification is kept secret.
• Select an alternate, if the driver not expected to return within the testing cycle. Document why the original driver was not sent.
• Take no action, if the driver failed to return before the end of the selection period. Document why the test was not performed. Select at a higher rate later in the year if necessary to compensate for the test.

Many carriers draw at a rate higher than the 50% for drugs and 10% for alcohol, so they don’t have to worry about making up missed tests. This is an acceptable practice.

Watch for December notices

For some, FMCSA’s change to the random drug testing rate for 2020 came as a surprise. It is important for you to watch for FMCSA’s notices. Any changes to random testing rates typically appear in the Federal Register in December for the following year. If FMCSA does not publish a notice by the end of 2020, the current testing rates remain intact for 2021.