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Tag: #azcdrugtesting

FAA Random Testing Rates for 2025 Unchanged

The Federal Aviation Administration (FAA) published that the minimum annual random rates for 2025 will remain at to 25% annually for drug testing and 10% annually for alcohol testing.  The FAA published the 2025 random drug and alcohol testing rates for 2025 in the November 4, 2024 Federal Register.

The FAA can adjust the minimum random drug and alcohol testing rates annually based on the reported positive rate of the industry’s random drug and alcohol tests.  In accordance with 14 CFR Part 120.109(b)(3) if the reported positive random drug testing rate is below one (1) percent for two consecutive years, the FAA may lower the random drug testing rate to 25% for all covered employees.  Conversely, 14 CFR Part 120.109(b)(4) requires the FAA to raise the minimum random drug testing rate from 25% to 50% for all covered employees when the latest reported positive random drug testing rate is equal or greater than one (1) percent.

14 CFR Part 120.217(c)(3)(i) states if the reported violation rate for random alcohol testing rate is below one (0.5) percent for two consecutive years, the FAA may lower the random alcohol testing rate to 10% for all covered employees.  Conversely, 14 CFR Part 120.217(c)(4)(i) requires the FAA to raise the minimum random alcohol testing rate from 10% to 25% for all covered employees when the latest reported violation rate for random alcohol testing rate is equal or greater than one (0.5) percent.

The reported positive random drug testing percent for CY 2023 was 0.881 percent, requiring the FAA to maintain the annual random drug testing rate for CY 2025 at 25% for all covered employees.  The random alcohol testing rate for 2025 will remain at 10% based on the alcohol violation rate for 2023 being .141%.

FTA Publishes 2025 Random Testing Rates

The Federal Transit Administration (FTA) published that the minimum annual random rates for 2025 will remain at to 50% annually for drug testing and 10% annually for alcohol testing.  The FTA published the 2025 random drug and alcohol testing rates for 2025 in the November 26, 2024 Federal Register.

The FTA can adjust the minimum random drug and alcohol testing rates annually based on the reported positive rate of the industry’s random drug and alcohol tests.  In accordance with 49 CFR Part 655.45(c)(1) if the reported positive random drug testing rate is below one (1) percent for two consecutive years, the FTA may lower the random drug testing rate to 25% for all covered employees.  Conversely, 49 CFR Part 655.45(c)(2) requires the FTA to raise the minimum random drug testing rate from 25% to 50% for all covered employees when the latest reported positive random drug testing rate is equal or greater than one (1) percent.

49 CFR Part 655.45(d)(1)(i) states if the reported violation rate for random alcohol testing rate is below one (0.5) percent for two consecutive years, the FTA may lower the random alcohol testing rate to 10% for all covered employees.  Conversely, 49 CFR Part 655.45(d)(2)(i) requires the FTA to raise the minimum random alcohol testing rate from 10% to 25% for all covered employees when the latest reported violation rate for random alcohol testing rate is equal or greater than one (0.5) percent.

In 2018 the FTA raised the random drug testing rate to 50% annually, where it has remained in subsequent years.  The reported positive random drug testing percent for CY 2022 was 1.090 percent and for CY 2023 was 1.23 percent, requiring the FTA to maintain the annual random drug testing rate for CY 2025 at 50% for all covered employees.  The random alcohol testing rate for 2025 will remain at 10% based on the alcohol violation rate for 2022 being .18% and for 2023 also being .18%.

2025 PHMSA Random Drug Testing Rate Published

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published that they are raising the minimum annual random drug testing rate for 2025 to 50% annually, up from 25% annually.  The PHMSA published the new random drug testing rate for 2025 in the November 20, 2024 Federal Register.

The PHMSA can adjust the minimum random drug testing rate annually based on the reported positive rate of the industry’s random drug tests.  In accordance with 49 CFR Part 199.105(c)(3) if the reported positive random drug testing rate is below one (1) percent for two consecutive years, the PHMSA may lower the random drug testing rate to 25% for all covered employees.  49 CFR Part 199.105(c)(4) requires the PHMSA to raise the minimum random drug testing rate from 25% to 50% for all covered employees when the latest reported positive random drug testing rate is equal or greater than one (1) percent.  The reported positive random drug testing percent for CY 2023 was greater than one percent, requiring the PHMSA to raise the annual random drug testing rate for CY 2025 to 50% for all covered employees.

Effective November 18, 2024 – New FMCSA Rule Mandates CDL Downgrades for Drug Violations

The Federal Motor Carrier Safety Administration is mandating States to downgrade Commercial Driver Licenses (CDL) for drug & alcohol violations that have been reported to the FMCSA Clearinghouse if the driver is placed on prohibited driving status.

The new requirement is part of FMCSA’s Clearinghouse II regulation.  This is intended to make it more difficult for drivers to continue operating commercial motor vehicles after receiving a drug or alcohol violation.

Clearinghouse II requires State driver license agencies to remove the commercial driving privileges of drivers that are in a “prohibited” status in the FMCSA Clearinghouse.

The “prohibited” status can be removed and the CDL privileges reinstated once the driver completes the return-to-duty process, which includes an evaluation and authorization from a certified Substance Abuse Professional to return-to-duty after following a prescribed education or treatment plan and passing a return-to-duty drug and/or alcohol test for a motor carrier.

Effective November 18, 2024 - New FMCSA Rule Mandates CDL Downgrades for Drug Violations