The positive rate for random drug testing among commercial driver’s license (CDL) holders has increased over the last couple of years, reaching 1 percent in 2018. As a result, the Federal Motor Carrier Safety Administration (FMCSA) has doubled the minimum annual percentage rate for random controlled substance testing from 25 to 50 percent, effective January 1, 2020.

This is a return to the previous level from the start of the DOT testing program in 1995. Random testing was reduced to 25 percent in 2016, only after two consecutive years of testing data showed a positive rate of less than 1 percent. The minimum annual percentage rate for random alcohol testing will remain at 10%.

According to the FMCSA, returning to the 50 percent random testing rate means administering 2.1 million drug tests in the coming year, costing fleet carriers and other business owners that manage CDL drivers an additional $50 to $70 million annually.

With such a significant cost increase and taking into account driver turnover and the seasonality of some CDL driving positions, this new rule will provide a significant challenge for carriers, especially those with small numbers of CDL drivers.

Consider the following strategies to ease rule compliance:

  1. Train staff on implementation. Educate drivers and supervisors on the new random testing rates. Remind them about the substances that are prohibited while driving a commercial motor vehicle and what the consequences will be if there is a positive test. Make sure that supervisors know the fleet’s procedures when a driver is selected for a random test. Drivers need to understand that the increase in testing rated to 50% annually means that more drivers will be tested multiple times during the year as selection process is truly random. Make sure that only eligible CDL drivers are available for selection and that if there are any questions, you work closely with the program administrator.
  2. Use only knowledgeable and experienced vendors. It is best to use an outside vendor for selections of drivers to be tested and collection of samples. This reduces the likelihood that drivers selected multiple times in a year will question the process. It also ensures that any issues/discrepancies are handled appropriately. These vendors will ensure all documentation is done correctly.
  3. Update drug policy accordingly. Fleet carriers and other businesses employing CDL drivers must update their drug policy accordingly to specify the new 50 percent FMSCA random drug testing rate. Spell out the consequences of a failed drug test. If you haven’t already, update your policy to include the new FMCSA Drug and Alcohol Clearinghouse rule as well, which requires CDL employers and other health professionals to report failed or refused drug or alcohol tests to the FMCSA’s Clearinghouse online database.

Contact your HUB Transportation expert for help on ramping up your drug testing efforts to comply with new FMCSA requirements.