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§382.303-§382.305 <br /> substances, conducted by Federal, State, or local controlled substances testing is based on the reported <br /> officials having independent authority for the test, positive rate for the entire industry. All information <br /> shall be considered to meet the requirements of this used for this determination is drawn from the con- <br /> section, provided such tests conform to applicable trolled substances management information system <br /> Federal, State or local requirements, and that the reports required by§382.403 of this part. In order to <br /> results of the tests are obtained by the employer. ensure reliability of the data,the FHWAAdministra- <br /> §382.305 Random testing. for considers the quality and completeness of the <br /> (a)(1)Except as provided in paragraphs(b)through reported data,may obtain additional information or <br /> S (d) of this section, the minimum annual percentage reports from employers, and may make appropriate <br /> rate for random alcohol testing shall be 25 percent of modifications in calculating the industry positive <br /> the number of drivers each selection period. rate. Each year,the FHWA Administrator will pub- <br /> (2)Except as provided in paragraphs (e)through lish in the Federal Register the minimum annual <br /> (g) of this section, the minimum annual percentage percentage rate for random controlled substances <br /> ' rate for random controlled substances testing shall be testing of drivers.The new minimum annual percent- <br /> 50 percent of the number of drivers each selection age rate for random controlled substances testing will <br /> period. be applicable starting January 1 of the calendar year <br /> (b) The FHWA Administrator's decision to in- following publication. <br /> s crease or decrease the minimum annual percentage (f)When the minimum annual percentage rate for <br /> rate for alcohol testing is based on the reported random controlled substances testing is 50 percent, <br /> violation rate for the entire industry. All information the FHWA Administrator may lower this rate to 25 <br /> used for this determination is drawn from the alcohol percent of all drivers if the FHWA Administrator <br /> management information system reports required by determines that the data received under the report- <br /> §382.403 of this part. In order to ensure reliability of ing requirements of §382.403 for two consecutive <br /> the data, the FHWA Administrator considers the calendar years indicate that the positive rate is less <br /> quality and completeness of the reported data, may than 1.0 percent. However, after the calendar year <br /> obtain additional information or reports from employ- 1994 of random testing for interstate motor carriers <br /> ers,and may make appropriate modifications in cal- under part 391, subpart H and the initial calendar <br /> culating the industry violation rate. Each year,the year of testing by large employers under this section, <br /> FHWA Administrator will publish in the Federal the FHWA Administrator may lower the rate for <br /> Register the minimum annual percentage rate for calendar year 1997, if the combined positive testing <br /> random alcohol testing of drivers. The new minimum rate is less than 1.0 percent,and if it would be in the <br /> annual percentage rate for random alcohol testing interest of safety. <br /> will be applicable starting January 1 of the calendar (g)When the minimum annual percentage rate for <br /> year following publication. random controlled substances testing is 25 percent, <br /> (c)(1)When the minimum annual percentage rate and the data received under the reporting require- <br /> for random alcohol testing is 25 percent or more,the ments of§382.403 for any calendar year indicate that <br /> FHWA Administrator may lower this rate to 10 per- the reported positive rate is equal to or greater than <br /> cent of all drivers if the FHWA Administrator deter- 1.0 percent, the FHWA Administrator will increase <br /> mines that the data received under the reporting the minimum annual percentage rate for random <br /> requirements of§382.403 for two consecutive calen- controlled substances testing to 50 percent of all <br /> dar years indicate that the violation rate is less than drivers. <br /> 0.5 percent. .(h)The selection of drivers for random alcohol and <br /> (2)When the minimum annual percentage rate for controlled substances testing shall be made by a <br /> random alcohol testing is 50 percent, the FHWA scientifically valid method,such as a random number <br /> Administrator may lower this rate to 25 percent of all table or a computer-based random number generator <br /> drivers if the FHWA Administrator determines that that is matched with drivers' Social Security num- <br /> the data received under the reporting requirements of bers,payroll identification numbers,or other compa- <br /> §382.403 for two consecutive calendar years indicate rable identifying numbers. Under the selection pro- <br /> that the violation rate is less than 1.0 percent but cess used, each driver shall have an equal chance of <br /> equal to or greater than 0.5 percent. being tested each time selections are made. <br /> (d)(1)When the minimum annual percentage rate (i)The employer shall randomly select a sufficient <br /> for random alcohol testing is 10 percent,and the data number of drivers for testing during each calendar <br /> received under the reporting requirements of§382.403 year to equal an annual rate not less than the mini- <br /> for that calendar year indicate that the violation rate mum annual percentage rate for random alcohol and <br /> is equal to or greater than 0.5 percent,but less than controlled substances testing determined by the <br /> 1.0 percent, the FHWA Administrator will increase FHWA Administrator. If the employer conducts ran- <br /> the minimum annual percentage rate for random dom testing for alcohol and/or controlled substances <br /> alcohol testing to 25 percent for all drivers. through a consortium, the number of drivers to be <br /> (2)When the minimum annual percentage rate for tested may be calculated for each individual employer <br /> random alcohol testing is 25 percent or less, and the or may be based on the total number of drivers covered <br /> data received under the reporting requirements of by the consortium who are subject to random alcohol <br /> §382.403 for that calendar year indicate that the and/or controlled substances testing at the same <br /> violation rate is equal to or greater than 1.0 percent, minimum annual percentage rate under this part or <br /> the FHWA Administrator will increase the minimum any DOT alcohol or controlled substances random <br /> annual percentage rate for random alcohol testing to testing rule. <br /> 50 percent for all drivers. (j)Each employer shall ensure that random alco- <br /> (e)The FHWAAdministrator's decision to increase hol and controlled substances tests conducted under <br /> or decrease the minimum annual percentage rate for this part are unannounced and that the dates for <br /> 13 <br />