FMCSA’s New Random Drug Testing Rate Requirements

The FMCSA announced on December 27 that it would be increasing the minimum annual percentage rate for random controlled substances testing for drivers of CMVs requiring a 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 as of 2020. This change was made just before the January 6 implementation date of the FMCSA’s database for commercial driver drug and alcohol violations, the Comercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse).

The Clearinghouse regulation requires employers to query the Clearinghouse for current and prospective employees’ drug and alcohol violations before permitting those employees to operate a commercial motor vehicle (CMV) on public roads. Employers are also required to query the Clearinghouse for each driver they currently employ annually.

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