AGENCY: Federal Transit Administration (FTA), Department of Transportation (DOT).
ACTION: Notice of Calendar Year 2022 Random Drug and Alcohol Testing Rates.
SUMMARY: 2022 minimum random drug testing rate will remain at 50 percent, and the random alcohol testing rate will remain at 10 percent.
DATES: Applicable Date: January 1, 2022.
SUPPLEMENTARY INFORMATION: The random drug testing rate to 50 percent for the calendar year 2019 based on verified industry data for the calendar year 2017, which showed that the rate had exceeded 1 percent (83 FR 63812, December 12, 2018).
Pursuant to 49 CFR 655.45, the Administrator’s decision to increase or decrease the minimum annual percentage rate for random drug and alcohol testing is based, in part, on the reported positive drug and alcohol violation rates for the entire public transportation industry. The information used for this determination is drawn from the drug and alcohol Management Information System (MIS) reports required by 49 CFR 655.72. To ensure the reliability of the data, the Administrator must consider the quality and completeness of the reported data, may obtain additional information or reports from employers and may make appropriate modifications in calculating the industry’s verified positive results and violation rates.
For the calendar year 2022, the Administrator has determined that the random drug testing rate for covered employees will remain at 50 percent based on a verified positive rate of 1.08 percent for the calendar year 2020. Further, the Administrator has determined that the random alcohol testing rate for the calendar year 2022 will remain at 10 percent because the violation rate again was lower than 0.5 percent for calendar years 2019 and 2020. The random alcohol violation rates were 0.16 percent for 2019 and 0.17 for 2020.
Detailed reports on FTA’s drug and alcohol testing data collected from transit employers may be obtained from FTA, Office of Transit Safety and Oversight, 1200 New Jersey Avenue, SE, Washington, D.C., 20590, (202) 366–2010, or at: https://transit-safety.fta.dot.gov/DrugAndAlcohol/Publications/Default.aspx
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