Ask X3What does 49 CFR 382.305 (Random testing) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 382.305 requires:
* Compliance and Submission: Every motor-carrier employer must comply with the requirements of 49 CFR 382.305, and every driver must submit to random alcohol and controlled substance testing.
* Minimum Testing Rates:
* The minimum annual percentage rate for random alcohol testing is 10 percent of the average number of driver positions (unless adjusted based on industry violation rates).
* The minimum annual percentage rate for random controlled substances testing is 50 percent of the average number of driver positions (unless adjusted based on industry positive rates).
* Selection Process: Driver selection must use a scientifically valid method (such as a random number table or computer-based generator matched with Social Security numbers, payroll numbers, or comparable identifiers). Every driver must have an equal chance of being tested each time selections are made, and all selected drivers must be tested during the selection period. Only covered employees must be in the random testing pool, and all covered drivers must be included.
* Pool Calculation: To calculate the total number of covered drivers eligible for testing throughout the year, add the total number of eligible drivers during each testing period and divide by the number of testing periods. (If testing more often than once per month, this calculation only needs to be done once per month). You may use a service agent (like a C/TPA) for selections and larger pools, but you must ensure they test at the correct industry percentage and include only covered employees.
* Unannounced and Spread Testing: All random tests must be unannounced, and the testing dates must be spread reasonably throughout the calendar year.
* Proceeding to Testing: When a driver is notified of selection, they must proceed to the test site immediately. If they are performing a safety-sensitive function other than driving at the time of notification, they must cease that function and proceed to the testing site as soon as possible.
* Alcohol Testing Window: A driver may only be tested for alcohol while performing safety-sensitive functions, just before performing them, or just after ceasing to perform them.
* Multiple DOT Agencies: If a driver is subject to random testing under the rules of more than one DOT agency for the same employer, they are subject to testing at the annual percentage rate established for the applicable rule.