Notice2022-27553
Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2023
Primary source
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Published
December 20, 2022
Effective
December 20, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This notification of determination announces FRA's minimum annual random drug and minimum annual random alcohol testing rates for employees performing covered service under the hours of service laws (HOS employees), maintenance-of-way (MOW) employees, and mechanical (MECH) employees for calendar year 2023.
Full Text
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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Page 77934]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27553]
[[Page 77934]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2001-11213, Notice No. 27]
Drug and Alcohol Testing: Determination of Minimum Random Testing
Rates for 2023
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notification of determination.
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SUMMARY: This notification of determination announces FRA's minimum
annual random drug and minimum annual random alcohol testing rates for
employees performing covered service under the hours of service laws
(HOS employees), maintenance-of-way (MOW) employees, and mechanical
(MECH) employees for calendar year 2023.
DATES: This determination takes effect December 20, 2022.
FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol
Program Manager, by email: <a href="/cdn-cgi/l/email-protection#583f3d2a39343c7628372f3d2a2b183c372c763f372e"><span class="__cf_email__" data-cfemail="cdaaa8bfaca1a9e3bda2baa8bfbe8da9a2b9e3aaa2bb">[email protected]</span></a> or by telephone: 202-
493-6313; or Melissa Van Dermeir, FRA Drug and Alcohol Program
Specialist, by email: <a href="/cdn-cgi/l/email-protection#caa7afa6a3b9b9abe4bcaba4aeafb8a7afa3b88aaea5bee4ada5bc"><span class="__cf_email__" data-cfemail="b0ddd5dcd9c3c3d19ec6d1ded4d5c2ddd5d9c2f0d4dfc49ed7dfc6">[email protected]</span></a> or by telephone: 312-
720-9491.
SUPPLEMENTARY INFORMATION: Each year, FRA sets its minimum annual
random testing rates after considering the last two complete calendar
years of railroad industry drug and alcohol program data submitted to
its Management Information System (MIS). FRA, however, reserves the
right to consider factors other than MIS-reported data before deciding
whether to lower annual minimum random testing rates. See 85 FR 81265
(Dec. 15, 2020).
FRA is announcing that its minimum annual random drug and alcohol
testing rates for calendar year 2023 will continue to be as follows:
<bullet> HOS employees-25 percent for drugs and 10 percent for
alcohol.
<bullet> MOW employees-25 percent for drugs and 10 percent for
alcohol.
<bullet> MECH employees-50 percent for drugs and 25 percent for
alcohol.
Because these rates represent minimums, railroads and railroad
contractors may conduct FRA random testing at higher rates.
Discussion
Random Testing Rates for HOS Employees
The rail industry's random drug testing positive rate for HOS
employees remained below 1.0 percent for 2020 and 2021. The
Administrator has therefore determined the minimum annual random drug
testing rate for HOS employees will remain at 25 percent for the period
January 1, 2023, through December 31, 2023. The industry-wide random
alcohol testing violation rate for HOS employees remained below 0.5
percent for 2020 and 2021. The Administrator has therefore determined
the minimum random alcohol testing rate for HOS employees will remain
at 10 percent for the period January 1, 2023, through December 31,
2023.
Random Testing Rates for MOW Employees
The rail industry's random drug testing positive rate for MOW
employees remained below 1.0 percent for 2020 and 2021. The
Administrator has therefore determined the minimum annual random drug
testing rate for MOW employees will remain at 25 percent for the period
January 1, 2023, through December 31, 2023. The industry-wide random
alcohol testing violation rate for MOW employees remained below 0.5
percent for 2020 and 2021. The Administrator has therefore determined
the minimum random alcohol testing rate for MOW employees will remain
at 10 percent for the period January 1, 2023, through December 31,
2023.
Random Testing Rates for MECH Employees
On February 2, 2022, FRA expanded the scope of its drug and alcohol
regulation (49 CFR part 219) to add MECH employees. See 87 FR 5719. As
it did with HOS employees and MOW employees when they first became
subject to random testing, FRA set the initial minimum annual random
testing rates for MECH employees at 50 percent for drugs and 25 percent
for alcohol. FRA does not yet have the two full years of MIS data
required to adjust the random testing rates for MECH employees. The
Administrator has therefore determined that the minimum random testing
rates for MECH employees will remain at 50 percent for drugs and 25
percent for alcohol for the period January 1, 2023, through December
31, 2023.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-27553 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-06-P
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