Effective Jan. 1, 2016, the Federal Motor Carrier Safety Administration (FMCSA) DOT has reduced the minimum annual percentage rate for random controlled substances testing for drivers of commercial motor vehicles (CMVs) requiring a commercial driver's license (CDL) from the rate of 50 percent of the average number of driver positions to 25 percent of the average number of driver positions. The rate for random alcohol testing will remain at 10 percent.

The FMCSA administrator has the discretion to decrease the minimum annual random testing percentage rate based on the reported positive random test rate for the entire motor carrier industry. Based on the controlled substances random test data in FMCSA's management information system for calendar years 2011, 2012 and 2013, the positive rate for controlled substances random testing fell below the 1.0 percent threshold for three consecutive calendar years. As a result, the agency has lowered the controlled substances minimum annual percentage rate for random controlled substances testing to 25 percent of the average number of driver positions. In accordance with 49 CFR 382.305(e)(2) if, in the future, the reported positive rate for any calendar year is equal to or greater than 1.0 percent, the FMCSA administrator will increase the minimum annual percentage rate for random controlled substances testing to 50 percent of all driver positions.

The following agencies will be impacted by the new regulations:

• Federal Motor Carrier Safety Administration (FMCSA)
• Federal Aviation Administration (FAA)
• Federal Railroad Administration (FRA)
• Federal Transit Administration (FTA)
• Pipeline & Hazardous Materials Safety Administration (PHMSA)
• Unites States Coast Guard (USCG)
• Now with the Dept. of Homeland Security

Please note: 

• Employers (and C/TPAs) subject to more than one DOT agency drug and alcohol testing rule may continue covered employees into a single random selection pool.
• USCG covered employees may be combined with DOT covered employees in drug testing pools even though the USCG is now part of the Department of Homeland Security.
• All random controlled substances testing programs administered by BarnesCare will be adjusted to reflect the new minimum annual rate of 25 percent unless your company specifies otherwise. Email Jole Odle to request a different rate.  All requests must be made in writing.

For more information, visit the FMCSA website or call BarnesCare Random Substance Abuse Testing Services at 314.747.6050.