FMCSA Increases Annual Random Drug Testing Rate

Last week, the Federal Motor Carrier Safety Administration (FMCSA) announced “that it is increasing the minimum annual percentage rate for random controlled substances testing for drivers of commercial motor vehicles (CMVs) requiring a commercial driver’s license (CDL) from the current rate of 25 percent of the average number of driver positions to 50 percent of the average number of driver positions, effective in calendar year 2020.”

As per a 2001 rule titled, ‘‘Controlled Substances and Alcohol Use and Testing’’ (66 FR 43097), the “FMCSA Administrator must increase the minimum annual random testing percentage rate when the data received under the reporting requirements for any calendar year indicate that the reported positive rate is equal to or greater than 1.0 percent. Based on the results of the 2018 FMCSA Drug and Alcohol Testing Survey the positive rate for controlled substances random testing increased to 1.0 percent. Therefore, the Agency will increase the controlled substances minimum annual percentage rate for random controlled substances testing to 50 percent of the average number of driver positions.” FMCSA estimates the change will cost the trucking industry, as a whole, an increase of roughly $50 to $70 million annually due to more drivers needing to be tested.

The increase from 25% to 50% testing rate for controlled substances became effective January 1, 2020. The annual alcohol random testing rate of 10% remains unchanged.

Click here to review the notice. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.