CGA Regulatory Alert (RA-221): U.S. DOT FMCSA – Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2020

January 17, 2020

Please be advised that the Compressed Gas Association has issued a CGA Regulatory Alert (RA-221) regarding the December 27, 2019 notice of program change issued by the Federal Motor Carrier Safety Administration (FMCSA) of the U.S. Department of Transportation (DOT).

CGA Regulatory Alert (RA-221)

U.S. DOT FMCSA Notice of Program Change

Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2020

We recommend that all CGA members review this notice to determine its applicability to their company. Individuals who work for CGA member companies may access and download a copy of CGA RA-221 from the Association’s member portal (login required).

Summary

FMCSA announced that it is increasing 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 current rate of 25 percent of the average number of driver positions to 50 percent of the average number of driver positions, effective in calendar year 2020.

The FMCSA Administrator must increase the minimum annual random testing percentage rate when the data received under the reporting requirements for any calendar year indicate that the reported positive rate is equal to or greater than 1.0 percent. Based on the results of the 2018 FMCSA Drug and Alcohol Testing Survey, the positive rate for controlled substances random testing increased to 1.0 percent.

Therefore, the Agency will increase the controlled substances minimum annual percentage rate for random controlled substances testing to 50 percent of the average number of driver positions.

DATES: Beginning January 1, 2020, the minimum annual percentage rate for random controlled substances testing, for drivers of commercial motor vehicles (CMVs) requiring a commercial driver’s license (CDL), will be 50 percent.

Copies of this notice can be found in the Federal Register Volume 84, Issue 248 (December 27, 2019), on pages 71527-71528.