Announcement of the New Drug Testing RateAnnouncement of the New Drug Testing Rate
On Thursday, December 26, 2019, the FMCSA announced an increase in the random drug testing rate for 2020. The rate will rise from 25% to 50%, while alcohol testing will remain at 10%.
New Requirements for Drug Testing
FMCSA now requires commercial motor vehicle (CMV) drivers with a commercial driver’s license (CDL) to undergo random drug testing at a higher rate. The new rule increases the minimum annual percentage from 25% to 50%.
The FMCSA Administrator must raise the random testing rate if the reported positive rate reaches or exceeds 1.0% in any calendar year. The 2018 FMCSA Drug and Alcohol Testing Survey revealed that the positive rate had climbed to 1.0%. As a result, the agency mandated an increase in the testing rate.
Impact of the Increased Testing Rate
According to FMCSA, the new rule will require 2.1 million random drug tests in 2020. This number doubles the tests conducted in 2019.
FMCSA’s Legal Obligation to Increase Testing
The FMCSA follows the 2001 Final Rule titled Controlled Substances and Alcohol Use and Testing. This rule requires the agency to raise the testing rate to 50% if the positive drug test rate meets or exceeds 1.0% in any given year.
Rising Positive Test Rates
FMCSA data shows that the positive drug test rate reached 1.0% in 2018. This figure represents an increase from 0.7% in 2016 and 0.8% in 2017. The rise from 2016 to 2018 amounts to 42.8%.
Possible Causes for the Increase
FMCSA did not provide a specific reason for the rise in positive drug tests. However, experts in the drug testing industry suggest two key factors:
- The growing trend of marijuana legalization.
- The addition of synthetic opioids to the federal drug test panel on January 1, 2018.
