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Department of Transportation Announces 2004 Random Testing Rates

By Kathryn J. Russo
  • January 12, 2004

Each operating agency of the United States Department of Transportation ("DOT") has specific regulations concerning mandatory random drug and/or alcohol testing of employees covered by that agency's regulations. Every January, DOT's Office of Drug and Alcohol Policy and Compliance announces the annual minimum drug and alcohol random testing rates for employers regulated by each DOT operating agency for the new calendar year.

For 2004, the random drug and alcohol testing rates are as follows:

DOT Agency

Random Drug
Testing Rate

Random Alcohol
Testing Rate

Federal Motor Carrier Safety Administration ("FMCSA")

50%

10%

Federal Aviation Administration ("FAA")

25%

10%

Federal Transit Administration ("FTA")

50%

10%

Federal Railroad Administration (FRA")

25%

10%

Research and Special Programs Administration ("RSPA")

25%

N/A

United States Coast Guard* ("USCG")

50%

N/A

*Note: The Coast Guard is now part of the Department of Homeland Security, but follows the DOT's drug testing rates.

For motor carriers regulated by FMCSA, the random testing rates mean that an employer must randomly drug test 50% of the average number of covered drivers during the calendar year, and must randomly alcohol test 10% of the average number of covered drivers during the calendar year.

FMCSA's random testing rates remain unchanged from 2003.

If you have any questions, or would like to discuss any substance abuse issues further, contact the Jackson Lewis attorney with whom you regularly work, or members of the Jackson Lewis Substance Abuse Practice Group.

©2004 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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