Attention: Employers with Department of Transportation Federal Transit Administration (FTA) Compliance Obligations Random Drug Testing Rate Increase Effective January 1, 2019

Although no Federal Register Notice has been published to date, it has come to our attention that on October 17, 2018, the Federal Transit Administration issued a “Dear Colleague” letter as attached announcing that effective January 1, 2019, the minimum rate of random drug testing will increase from 25 percent to 50 percent of covered employees for employers subject to FTA’s drug and alcohol regulation. This change is due to an increase in the industry’s “positive rate” as reflected in random drug test data for calendar year 2017.

The alcohol testing rate is unchanged for 2019 and will remain at 10 percent.