Archived Rulemaking: Random Drug Testing Program
In response to public comments, petitions submitted by industry, and on their own initiative, the Federal Aviation Administration (FAA), the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA), the Federal Transit Administration (FTA), the Research and Special Programs Administration (RSPA), and the United States Coast Guard (USCG) (the operating administrations or "OAs") have revised their random drug testing rules. As revised, the rules provide that the OA may lower the minimum random drug testing rate to 25 percent if the industry-wide (e.g., aviation, rail) random positive rate is less than 1.0 percent for 2 calendar years while testing at 50 percent. The rate will return to 50 percent if the industry random positive rate is 1.0 percent or higher in any subsequent calendar year; The industry-wide random positive rate for each transportation industry will be calculated from data submitted to the OAs and announced yearly by the respective Administrator or the, Commandant of the Coast Guard. Based on this revision, the random drug testing rate for the railroad and aviation industries is reduced by the FRA and FAA Administrators, respectively to 25 percent, effective January 1, 1995.