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5 CHAPTER THREE TRANSPORTATION WORKPLACE DRUG- AND ALCOHOL-TESTING PROGRAM Under 49 CFR Part 40, there is an important distinction For drugs, when the minimum annual percentage rate for between drug testing and alcohol testing. The drug-testing random drug testing is 50%, the administrator may lower program is aimed at deterring use of illegal drugs, regard- this rate to 25% of all covered employees if the administrator less of the pattern and frequency of use in relationship to the determines that the data for the two preceding consecutive job. The alcohol-testing program, in contrast, is a fitness-for- calendar years indicate that the reported positive rate is less duty program aimed at preventing prohibited use of a legal than 1.0%. When the minimum annual percentage rate for substance while the employee is at work. random drug testing is 25%, and the data for the calendar year indicate that the reported positive rate is equal to or greater than 1.0%, the administrator will increase the min- REASONS FOR TESTING imum annual percentage rate for random drug or random alcohol testing to 50% of all covered employees. Pre-employment For alcohol, when the minimum annual percentage rate Drug and alcohol testing must be conducted before an for random alcohol testing is 25% or more, the adminis- employee's first-time performance in a safety-sensitive posi- trator may lower this rate to 10% of all covered employ- tion, either because of a transfer from a nonsafety-sensitive ees if the administrator determines that the data for two position or because of a new job offer. The employee must consecutive calendar years indicate that the violation rate pass the tests before safety-sensitive work can begin. Not is less than 0.5%. When the minimum annual percentage all administrations require pre-employment alcohol testing. rate for random alcohol testing is 50%, the administrator may lower this rate to 25% of all covered employees if the Postaccident administrator determines that the data for two consecu- tive calendar years indicate that the violation rate is less The definition of "accident" varies by mode, but it is gener- than 1.0% but equal to or greater than 0.5%. When the ally interpreted as a series of connected events that result minimum annual percentage rate for random alcohol test- in death, injury, or damage to property. All administrations ing is 10%, and the data for that calendar year indicate require that specimens for alcohol postaccident tests be col- that the violation rate is equal to or greater than 0.5%, lected within 8 h of the occurrence of the accident, and that but less than 1.0%, the administrator will increase the specimens for drugs postaccident tests be collected within minimum annual percentage rate for random alcohol test- 32 h of the occurrence of the accident. ing to 25% of all covered employees. When the minimum annual percentage rate for random alcohol testing is 25% Random or less, and the data for that calendar year indicate that the violation rate is equal to or greater than 1.0%, the Drug and alcohol testing must be conducted at random and administrator will increase the minimum annual percent- without prior notification at predetermined rates, determined age rate for random alcohol testing to 50% of all covered by the individual administrations on the basis of the random employees. Note that not all DOT agencies are required positive rates for the previous year. In general, the minimum to apply random alcohol testing regulations to the work- annual percentage rate for random drug testing is 50% of forces they regulate. covered employees; the random alcohol testing rate is 10%. These rates, however, are subject to review by the adminis- Reasonable Suspicion trators of each DOT agency. The administrator's decision to increase or decrease the minimum annual percentage rate Drug and alcohol testing must be conducted when a properly for random drug and alcohol testing is based, respectively, trained supervisor observes specific clues in an employee's on the reported positive drug and alcohol violation rates for behavior and appearance that are associated with drug or the entire industry. alcohol abuse.