FMCSA’s Minimum Random Testing Rate May Soon Be 50%

Smart Test Boston — Industry Analysis Report
FMCSA’s minimum random testing rate is currently 25%. This rate may soon increase to 50% based on the following factors.
As recently as May 2017, FMCSA and FTA have publicly reported that the national random testing positive rate is just below 1% (approximately 0.96%). Unlike when the minimum testing rate was lowered from 50% to 25% in 2016, which required the positive rate to be under 1% for two years, a return to 50% would be triggered when the positive rate is reported as being over 1% for just one calendar year.
Because the national positive rate is already a fraction of a percent below the triggering threshold, a rise in the minimum random testing rate seems likely. The regulations are clear that “the Administrator will increase the minimum annual percentage rate” should the 1% threshold be met. Note that the regulations say “will” and not “may.”
Several factors will almost certainly cause the positive rate to exceed 1% nationally in the coming year. This is due to two major elements: legalized cannabis and the pending expanded opioid panel for USDOT tests.
Should the positive rate reach 1%, there are some variables that could affect the decision to raise random testing minimums. First, the Administrator may take issue with the reported data from the industry. All FMCSA-regulated employers are required to self-report their annual drug and alcohol testing statistics in their MIS Report. The Administrator may request heavier validation of an employer’s data or specific in-depth sampling, which is specifically allowed by 382.305(f). There is also sure to be lobbying from both sides of the requirement: employers and organizations who would feel burdened by a doubled random testing rate, and the testing and safety industry who want an increase in detection and prevention.
Whether or not the random rate will be increased, Smart Test can say with highest confidence that the FMCSA random testing rate will be eligible for returning to 50% by the end of 2018. The decision will certainly be subject to robust public deliberation and influence.
Smart Test provides USDOT and non-DOT drug and alcohol testing in Boston. Tell us what you think. Should the rate be changed?
Get in touch at www.SmartTestBoston.com
Location: 240 Commercial St., FL 3, Boston, MA 02109, United States

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