Waynes World - October 2002

How Effective Are
The Drug & Alcohol Rules?

By Wayne Schooling

Since the United States Department of Transportation’s (USDOT) chemical testing program for safety-sensitive employees began in 1989, a simple question needs to be asked on a regular basis: how effective is the federally mandated drug and alcohol testing program for transportation employers?

The most recent statistics indicate that positive rates continue to be significant in two of the six DOT agencies: the Federal Motor Carrier Safety Administration (FMCSA) and the United States Coast Guard (USCG). With drug and alcohol testing firmly established for safety-sensitive jobs, it is clear that for some percentage of the working population, the allure of using drugs outweighs the risks of being detected as a drug user, with the negative effects of such a discovery including the loss of one’s livelihood. Despite this, testing rates continue to be significant in the trucking and maritime modal agencies as compared to the other transportation modes. The FMCSA reported the highest positive random testing rate of 2.0% and USCG published the second highest rate of 1.8% of all the transportation agencies.

It must be noted that the FMCSA and the USCG cover the most employers and employees working in the transportation industry, constituting more than 660,000 employers and over 7.4 million employees. The number of employers in these two modes combined make up over 98% of all modal employers and the number of employees comprise over 90% of all modes of transportation. Employers in FMCSA and the USCG consist largely of owner/operators and small businesses with an average of 11 employees per employer.

Despite DOT’s drug and alcohol testing rules requiring safety-sensitive employees to stay drug free and the stringent requirements for employers to implement drug and alcohol testing programs, positive testing rates remain high, suggesting that many employed in these two agencies use drugs. The program's effectiveness is difficult for analysts to discern. Employers have been using drug and alcohol testing as part of an overall plan to increase safety in the workplace for more than a decade. Since the drug and alcohol testing program began, only two of the six agencies have ever seen a significant decline in positive rates to allow them to lower their random testing rates. In 1995, the Federal Aviation Administration (FAA), and in 1997, the Research and Special Programs Administration (RSPA) reduced their random testing rates for employees from 50% to 25%, where they currently remain.

Reviewing the results from a 1999 drug and alcohol testing survey conducted by FMCSA’s Data Analysis Division, only 67% of motor carriers have random testing programs. FMCSA also reports that many motor carriers still do not have drug and alcohol testing programs in place. Many motor carriers are still using local clinics that do drug screens but do not offer full testing programs as required by law. Because not all FMCSA employees are participating in drug and alcohol testing programs, the number of positive test results could be even higher.

Unfortunately, the agencies, including FMCSA, have few resources to audit and ensure that companies’ drug and alcohol programs are in compliance with DOT rules. With such high positive testing rates indicating the seriousness of substance use in these two agencies, there needs to be more oversight and agency enforcement. The drug and alcohol testing industry has consistently requested more oversight and enforcement so that testing providers can target FMCSA and USCG employers as potential clients and bring them into compliance.

Another alarming fact is that because of the transient nature and seasonal job availability of the motor carrier and maritime industries, it is common for employees to work for more than one employer and to switch jobs frequently. Without a central database to record those employees who have tested positive, it is relatively easy for an employee to avoid the return-to-duty process. That is why the NorthAmerican Transportation Association (NTA) has made its accredited drug and alcohol testing program a nationwide program - so that it can be the largest central database in the United States.

While these two agencies have the highest positive random testing rates, they also have the highest probability of employers not following the correct procedures for returning their workers to safety-sensitive duties. Habitual drug users who choose to not seek treatment and instead move on to another employer could be contributing to these higher positive testing rates by potentially testing positive more than once per year.

Excluding the FMCSA and USCG, the other agencies reported much lower positive rates for drug use. The Federal Transit Administration (FTA) reported a rate of 1.1%, followed by the Federal Railroad Administration (FRA) publishing a rate of 0.8%. The FAA’s positive random testing rate was 0.7% and RSPA had the lowest random testing rate for 2000 at 0.6%. Most of these modes are made up of larger companies.

Do larger companies have more resources and dedicated staff to help run more effective drug and alcohol programs? More study needs to be done in this area, but there are several reasonable explanations, including that larger companies may be better equipped and staffed to more efficiently maintain compliance with DOT drug and alcohol testing rules. Also, larger companies may be better positioned to institute substance abuse education for their employees that stress the importance of staying drug free when working in a safety-sensitive position. Furthermore, larger companies tend to employ proportionately more full-time employees and rely less on transient and part-time workers.

Overall, drug and alcohol testing is effective to the extent that it removes drug abusers from safety-sensitive positions. However, as the statistical evidence mounts, it is clear that some modes have been more effective than others in reducing the incidence of drug use among their workers. The industries where rates remain high have been less successful in reducing drug usage, which many in the industry attribute to lax enforcement and industry structure.

Congress needs to cough up more money so that the FMCSA can hire more agents for enforcement. And, since the majority of small businesses only have about 11 employees, they should be encouraged to join a consortium such as the NTA so that they can enjoy the same resources of larger companies.