When a selected employee is not
available, the practices recommended by DOT are: • If an employee selected for testing is known to be unavailable during the selection cycle (legitimate extended absence, long-term illness, etc.), docu- ment the reason and make-up the rate shortfall by making another selection, or make an extra selection during the next selection cycle.
• If an employee is selected for testing but has not received notice since it is his day off, test the employee during his or her next shift within the same selection cycle.
• No employee should be excused from testing because of operational difficul- ties. See your industry specific regula- tions and interpretations for legitimate exceptions.
• Once the employee is notified to report for testing and the test does not occur, the opportunity for the random testing is over. There is no second “bite of the apple.” Based on the DOT recommendations,
when Bill is out sick on the day of testing, he clearly should be tested in the current selection period as opposed to testing an alternate. TPAs that use alternate lists should be well advised to follow the best practices provided by DOT. Te last bullet point regarding the sec-
ond “bite of the apple” is critically impor- tant and a mistake I see oſten. Employers have a tendency to allow the employee go for the random test aſter they have clearly refused to test by not reporting immediate- ly upon notification. I served as an expert witness on a case regarding this issue and the judge and jury agreed with me that the employee clearly refused to test aſter being notified and continued to perform his work duties as opposed to reporting for the required drug and alcohol test. Random testing is important for any drug and alcohol testing program, DOT
www.datia.org
Transportation Industry & Testing Rates
Commercial Motor Carriers (FMCSA) 50% Drugs, 10% Alcohol 49 CFR Part 382
Aviation (FAA)
25% Drugs, 10% Alcohol 14 CFR Part 120
Safety-Sensitive Duties
Commercial Drivers License (CDL) holders who operate a Commercial Motor Vehicle.
Flight crew, flight attendants, flight instructors; air traffic controllers at facilities not operated by the FAA or under contract to the U.S. military; aircraft dispatchers; aircraft maintenance or preventative maintenance personnel; ground security coordinators and aviation screeners.
Railroad (FRA)
50% Drugs, 10% Alcohol 49 CFR Part 219
Persons who perform duties subject to the Hours of Service laws; such as, locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators and train dispatchers.
Public Transportation (FTA) 25% Drugs, 10% Alcohol 49 CFR Part 655
Operators of revenue service vehicles, CDL- holding operators of non-revenue service vehicles, vehicle controllers, revenue service vehicle mechanics, firearm-carrying security personnel.
Pipeline (PHMSA) 25% Drugs, no alcohol 49 CFR Part 199
Maritime (USCG) 50% Drugs,
[Follows Part 40 for drug testing, not alcohol testing.] 46 CFR Part 16 46 CFR Part 4
Persons who perform operations, maintenance, or emergency response function on a pipeline or LNG facility regulated under part 192, 193, or 195.
Crewmembers operating a commercial vessel as identified in CFR 46, Part 16
U.S. Department of Transportation Office of the Secretary
Office of Drug and Alcohol Policy and Compliance Best Practices for DOT Random Drug and Alcohol Testing
http://www.dot.gov/odapc/testingpubs/final_random_brochure.pdf
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