In December of 2013, the United States Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (“ODAPC”) announced the annual minimum drug and alcohol random testing rates for employers within the transportation industries, including the motor carrier industry.

Under federal law, employers regulated by the Federal Motor Carrier Safety Administration (“FMCSA”) are required to conduct random drug and alcohol testing of their commercial drivers. For motor carriers, the 2014 minimum annual percentage rate for random drug testing is 50% of the average number of driver positions. The rate for random alcohol testing is 10% of the average number of driver positions. These rates are the same as the 2013 rates.

If your business utilizes commercial drivers, contact the attorneys at Trepanier MacGillis Battina P.A. to ensure your drug and alcohol testing policy is in compliance with all applicable laws and regulations.

Minnesota employers conducting DOT drug and alcohol testing should be aware of the state law requirements under the Minnesota Drug and Alcohol Testing Act. For more information, read the following article: Overview of the Minnesota Drug and Alcohol in the Workplace Act.

While federally mandated drug and alcohol testing of commercial drivers is exempt from the requirements of DATWA if conducted in accordance with federal law, employers should discuss the scope of this exemption with legal counsel.
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About the Author:
Attorney Craig W. Trepanier practices extensively in the field of transportation law and drug testing law. Craig regularly presents at conferences and seminars on legal issues that motor carriers face, including litigation over drug testing. Craig may be reached at 612.455.0502 or craig@trepanierlaw.com.