Notice2023-28264
Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2024
Primary source
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Published
December 22, 2023
Effective
December 22, 2023
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 covered service, maintenance-of-way (MOW), and mechanical (MECH) employees for calendar year 2024.
Full Text
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<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Page 88702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28264]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2001-11213, Notice No. 28]
Drug and Alcohol Testing: Determination of Minimum Random Testing
Rates for 2024
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
covered service, maintenance-of-way (MOW), and mechanical (MECH)
employees for calendar year 2024.
DATES: This determination takes effect December 22, 2023.
FOR FURTHER INFORMATION CONTACT: Gerald Powers, FRA Drug and Alcohol
Program Manager, by email: <a href="/cdn-cgi/l/email-protection#2a4d4f584b464e045a455d4f58596a4e455e044d455c"><span class="__cf_email__" data-cfemail="3e595b4c5f525a104e51495b4c4d7e5a514a10595148">[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#3f525a53564c4c5e11495e515b5a4d525a564d7f5b504b11585049"><span class="__cf_email__" data-cfemail="b3ded6dfdac0c0d29dc5d2ddd7d6c1ded6dac1f3d7dcc79dd4dcc5">[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
DOT's Management Information System (MIS) for DOT drug and alcohol
testing results. FRA, however, reserves the right to consider factors
in addition to MIS-reported data before deciding whether to lower
annual minimum random testing rates. See 85 FR 81265 (Dec. 15, 2020).
To summarize, FRA is announcing that its minimum annual random drug
and alcohol testing rates for the period between January 1, 2024,
through December 31, 3024 (Calendar Year 2024) will continue to be as
follows:
Covered service employees--25 percent for drugs and 10 percent for
alcohol.
MOW employees--25 percent for drugs and 10 percent for alcohol.
MECH employees--50 percent for drugs and 25 percent for alcohol.
These rates are minimums, and railroads and railroad contractors
may conduct random testing at higher rates than those required by this
notification of determination.
Discussion
Random Testing Rates for Covered Service Employees
The rail industry's random drug testing positive rate for covered
service employees remained below 1.0 percent for 2021 and 2022. The
Administrator has therefore determined the minimum annual random drug
testing rate for covered service employees will remain at 25 percent
for Calendar Year 2024. The industry-wide random alcohol testing
violation rate for covered service employees remained below .5 percent
for 2021 and 2022. The Administrator has therefore determined the
minimum random alcohol testing rate for covered service employees will
remain at 10 percent for Calendar Year 2024.
Random Testing Rates for MOW Employees
The rail industry's random drug testing positive rate for MOW
employees remained below 1.0 percent for 2021 and 2022. The
Administrator has therefore determined the minimum annual random drug
testing rate for MOW employees will remain at 25 percent for calendar
year 2024. The industry-wide random alcohol testing violation rate for
MOW employees remained below 0.5 percent for 2021 and 2022. The
Administrator has therefore determined the minimum random alcohol
testing rate for MOW employees will remain at 10 percent for Calendar
Year 2024.
Random Testing Rates for MECH Employees
FRA does not have the two full years of MIS data required to adjust
the random testing rates for MECH employees, because those employees
became subject to FRA random drug and alcohol testing in March 2022.
See 87 FR 5719, February 2, 2022. 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
Calendar Year 2024.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023-28264 Filed 12-21-23; 8:45 am]
BILLING CODE 4910-06-P
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