With the first quarter of 2019 already behind us, it's a priority for employers to make sure their substance abuse testing programs are compliant with state laws and federal regulations, especially those regulated by the Department of Transportation (DOT). Below is a comprehensive list of 2019 DOT Drug Testing Requirements that all employers regulated by the DOT should be following. Are you in compliance?
- Federal Transit Administration (FTA): For the first time since 2007, the FTA increased annual random drug testing rates to 50 percent in 2019. The FTA will keep its random alcohol testing rate at 10 percent.
FTA regulations apply to employees who perform revenue vehicle operations, revenue vehicle and equipment maintenance, revenue vehicle controls or dispatches (optional), Commercial Driver's License non-revenue vehicle operations and/or armed security duties.
- U.S. Coast Guard (USCG): USCGcovered employees will see an increase in random testing rates in 2019. Data from the most recent reporting year showed positivity rates at greater than 1 percent, requiring a raise in random testing rates. The commandant has set the minimum random drug testing rate at 50 percent for covered employees.
USCG-covered employees include any employee who is aboard a vessel acting under the authority of a license, certificate of registry or a merchant mariner's document. Additionally, any employee engaged or employed on board a U.S.-owned vessel is considered a regulated employee.
- Federal Aviation Administration (FAA): FAA random drug testing rates will remain at 25 percent in 2019, and alcohol testing rates will remain at 10 percent.
FAA regulations apply to any employees who perform flight crew member duties, flight attendant duties, flight instruction duties, aircraft dispatch duties, aircraft maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties and/or operations control specialist duties.
- Pipeline and Hazardous Materials Safety Administration (PHMSA): After an increase in random testing rates in 2018, PHMSA random drug and alcohol testing rates will remain unchanged in 2019. The random drug testing rate for covered employees will remain at 50 percent.
PHMSA regulations apply to any employees who perform an operation, maintenance or emergency-response function on a pipeline or liquefied natural gas facility.
- Federal Railroad Administration (FRA): The FRA has announced its random drug and alcohol testing rates will remain the same in 2019. Covered employees will be drug tested at a rate of 25 percent and alcohol tested at a rate of 10 percent. Maintenanceof- way (MOW) employees are to be tested at a 50-percent rate for drugs and a 25-percent rate for alcohol in 2019.
FRA regulations apply to any employee who performs covered service functions -- subject to the hours of service laws -- at a rate sufficient to be placed into the railroad's random testing program. Generally, covered employees include locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators and/or train dispatchers.
Additionally, any employee who performs a MOW/roadway worker function and is an employee or contractor of a railroad; has a potential to foul the track; performs a regulation such as inspection, construction, maintenance or repair of railroad track, bridges, roadway, signal and communication systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near the track; flagmen and watchmen/ lookouts may be covered employees.
- Federal Motor Carrier Safety Administration (FMCSA): FMCSA Drug Program Manager Juan Jose Moya recently announced that the agency's random rates will remain static in 2019. Employers are expected to continue random drug testing their regulated employees at 25 percent and random alcohol testing at 10 percent.
FMSCA regulations apply to any employees who operate (drive) a commercial motor vehicle with a gross vehicle weight over 26,011 pounds, a vehicle designed to transport 16 or more occupants (including the driver), or any vehicle used in the transportation of hazardous materials that require the vehicle to be placarded.
For more information, visit www.disa.com or call (800) 752-6432.
