FMCSA random drug testing rate increases to 50% | Vigilant

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Feb 11, 2020

FMCSA random drug testing rate increases to 50%

The minimum random drug testing rate for commercial motor vehicle (CMV) drivers subject to federal drug and alcohol testing requirements has increased from 25 percent to 50 percent for calendar year 2020. Covered motor carriers must conduct enough random drug tests during the year to amount to at least 50 percent of the average number of CMV driver positions. The minimum rate for random alcohol tests remains at 10 percent of the average number of CMV driver positions. The Federal Motor Carrier Safety Administration (FMCSA), an agency within the U.S. Department of Transportation (DOT), surveys motor carriers each year to determine the rate of positive drug and alcohol test results across the country. The FMCSA adjusts the random testing rates depending on how often CMV drivers test positive. The most recent statistics showed that 1 of every 100 random drug tests of CMV drivers were positive. That was high enough to kick the random drug testing rate up to 50 percent for 2020 (84 Fed Reg 71527, Dec. 27, 2019)

Tips: Random tests must be reasonably spread throughout the year so drivers feel they could be pulled in for a random test at any time. For a full list of random testing rates for all the DOT agencies, see the web page for 2020 DOT Random Testing Rates.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.
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About The Author

Karen Davis

Senior Employment Attorney Vigilant Law Group
  • Colorado College, B.A. in Chemistry
  • Lewis & Clark College, Northwestern Law School, J.D.
  • Attorney licensed in Oregon and California
  • Former competitive swimmer and current birder

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