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Department of Transportation Announces 2004 Random Testing Rates

Each operating agency of the United States Department of Transportation ("DOT") has specific regulations concerning mandatory random drug and/or alcohol testing of employees covered by that agency's regulations. Every January, DOT's Office of Drug and Alcohol Policy and Compliance announces the annual minimum drug and alcohol random testing rates for employers regulated by each DOT operating agency for the new calendar year.

For 2004, the random drug and alcohol testing rates are as follows:

DOT Agency	Random Drug Testing Rate	Random Alcohol Testing Rate
Federal Motor Carrier Safety Administration ("FMCSA")	50%	10%
Federal Aviation Administration ("FAA")	25%	10%
Federal Transit Administration ("FTA")	50%	10%
Federal Railroad Administration (FRA")	25%	10%
Research and Special Programs Administration ("RSPA")	25%	N/A
United States Coast Guard* ("USCG")	50%	N/A

*Note: The Coast Guard is now part of the Department of Homeland Security, but follows the DOT's drug testing rates.

For motor carriers regulated by FMCSA, the random testing rates mean that an employer must randomly drug test 50% of the average number of covered drivers during the calendar year, and must randomly alcohol test 10% of the average number of covered drivers during the calendar year.

FMCSA's random testing rates remain unchanged from 2003.

If you have any questions, or would like to discuss any substance abuse issues further, contact the Jackson Lewis attorney with whom you regularly work, or members of the Jackson Lewis Substance Abuse Practice Group.