[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15928]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. RSAD-91-3]
Test Program to Evaluate Random Drug Testing Rate
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Extension of Test Program.
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SUMMARY: FRA extends an experimental program designed to evaluate the
effect of different random drug testing rates on general deterrence. In
a recent notice, the Department of Transportation proposed a system
which would authorize FRA to lower the minimum random drug testing rate
for railroads from 50 percent to 25 percent if the industry-wide random
positive rate is less than 1.0 percent for 2 calendar years. If the
Department adopts this proposal, FRA could use existing data from its
previous annual reporting system as a basis for adjusting the minimum
railroad random drug testing rate. Extending FRA's experimental program
indefinitely will allow four test railroads that have been conducting
random drug testing at a 25 percent rate to provide additional data on
the relative effectiveness of the two testing rates.
DATES: FRA will extend the current conditional waivers indefinitely
beginning on July 1, 1994.
FOR FURTHER INFORMATION CONTACT: Walter C. Rockey, Executive Assistant
(RRS-3), Office of Safety, FRA, Washington, DC 20590 (Telephone: (202)
366-0897) or Patricia V. Sun, Trial Attorney (RCC-30), Office of Chief
Counsel, FRA, Washington, DC 20590 (Telephone: (202) 366-4002).
SUPPLEMENTARY INFORMATION: In February of 1991, the Association of
American Railroads (AAR) filed a petition proposing an experimental
program that would permit a test group of railroads to conduct random
drug testing at a 25 percent rate for one year, for comparison against
a group of control railroads which would continue to test at the
required 50 percent rate. Data from the two groups could then be
analyzed to determine the effect of different testing rates on
deterrence.
FRA agreed with the AAR that an experimental program would be
useful. To create a group of test railroads, FRA granted four railroads
(three Class I freight railroads and one commuter railroad) a waiver to
conduct random drug testing at a 25 percent rate (instead of the
required 50 percent rate) beginning on July 1, 1991. FRA also
designated a control group of three additional Class I freight
railroads and one additional commuter railroad which would continue to
test at the 50 percent rate. FRA monitored the program by reviewing
quarterly test reports submitted by the test and control railroads.
In the program's first two years, positive test rates did not vary
appreciably between the test and control groups. Through June 30, 1993,
the four test railroads conducted 19,958 random drug tests, with a
positive test rate of .90 percent. The four control railroads conducted
34,121 random drug tests, with a positive rate of .85 percent. (The
positive test rate for the industry as a whole was .89 percent in 1991,
.79 percent in 1992, and .72 percent in 1993).
The last three quarters of data, however, show a greater
improvement in the aggregated positive test rate for the control group,
(.75 percent), than for the test group (.83). This trend suggests
caution when considering further reductions in the random drug testing
rate. Railroads should also continue to use a mix of countermeasures,
in addition to random testing, to ensure deterrence.
On February 15, 1994, the Department published a Notice of Proposed
Rulemaking proposing to allow the operating administrations to lower
the minimum random drug testing rate from 50 percent to 25 percent if
the industry-wide random positive rate is less than 1.0 percent for 2
calendar years [59 FR 7614]. Under this proposed system, FRA could use
existing data from railroad annual reports as a basis for lowering the
minimum railroad random drug testing rate to 25 percent. In light of
this notice, the AAR has requested an extension of the experimental
program, currently set to expire on June 30, 1994, to allow the test
railroads to continue testing at a 25 percent random rate until the
Department decides whether or not to adopt this proposal.
FRA intends to grant the AAR's request to extend the experimental
program, and capture more data on the relative effectiveness of the two
testing rates. By letter, FRA will extend the current conditional
waivers indefinitely. FRA will continue to require all participating
railroads to comply with its previously established protocols covering
test conditions and reporting requirements. As before, FRA reserves the
right to terminate or modify the experimental program on 10 days notice
if any party fails to comply with any conditions specified in the
protocols, if quarterly reports indicate a particularly serious
degrading of performance by one or more of the test railroads, or if
FRA finds material deficiencies in railroad alcohol/drug program
administration.
FRA does not intend to grant the AAR's proposal for a second
experimental program to study the effect of further lowering the random
drug testing rate to 10 percent. As stated above, the latest data from
FRA's current experimental program shows a stronger trend of
improvement in the positive test rate of the control railroads, which
have continued to test at 50 percent. Moreover, the minimum testing
rate should be set at that point which balances the value of additional
deterrence against the increased cost of testing. As mentioned above,
the Department has already considered this issue, and has proposed to
lower the random drug testing rate to 25 percent if an industry
achieves a positive test rate of less than 1.0 percent for two years.
FRA's current experimental rate of 25 percent is consistent with the
Department's proposal, and is not excessively burdensome in view of the
residual rate of drug use in the rail industry. FRA therefore believes
that an additional, separate rail experimental program to study the
effect of a 10 percent rate is unnecessary, and will so notify the AAR
by letter.
Authority: 45 U.S.C. 431(c), 437; 49 CFR 1.49(m), 211.43,
211.51.
Issued in Washington, DC on June 27, 1994.
Bruce M. Fine,
Associate Administrator for Safety.
[FR Doc. 94-15928 Filed 6-29-94; 8:45 am]
BILLING CODE 4910-06-U