Effective January 1, 2020, FMCSA increases its minimum annual random testing percentage rate from 25% to 50%
On December 20, 2019, Elaine L. Chao, Secretary of the Department of Transportation, signed Federal Register Doc. 2019–28164 (filed 12–26–19), making the Federal Motor Carrier Safety Association (FMCSA) program change for random drug testing of commercial truck drivers effective on January 1, 2020. Go here to read the full text of “Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2020,” FR Document:2019-28164 (84 FR 71527).
This officially changes the minimum annual percentage rate for random controlled substances (drug) testing for drivers of commercial motor vehicles (CMVs) requiring a commercial driver’s license (CDL) in Indiana, Illinois, and the rest of the nation.
Last year, the percentage rate was 25%. This year, it is doubled to 50%.
Survey Results: Less than Half of FMCSA Survey Forms Result in New Policy
Why has this happened? Under federal law, the FMCSA minimum annual random testing percentage rate is tied to annual drug test reporting rates. See ‘‘Controlled Substances and Alcohol Use and Testing,’’ published August 17, 2001 (66 FR 43097).
Each year, FMCSA surveys thousands of motor carriers for information on random drug testing of their drivers. In 2018, FMCSA sent survey forms to 4,480 randomly selected carriers. Less than half responded.
Specifically, 42.5% of the surveys were returned. The majority of FMCSA random drug testing survey forms (57.5%) were not returned to the agency.
Of the 1908 forms returned to FMCSA, only 1552 could be used (had “usable data”). These 1552 completed survey forms represented 300,635 CDL drivers who had been subjected to random controlled substance testing.
After reviewing the returned forms, only a third (34.6%) of the random drug testing survey forms could be used by FMCSA in calculating the regulatory percentages for random drug testing rates.
Using these 1552 survey forms and the test results for their 300,635 truckers, the 2018 FMCSA Drug and Alcohol Testing Survey found the percentage of drivers who tested positive for controlled substances during random testing in 2018 jumped up to 1.0%. This triggered the 2020 change in policy.
Starting on January 1, 2020, FMCSA will require drug testing for 50% of the average number of commercial driver positions. It will continue to be random testing. It will continue to apply only to drivers of commercial motor vehicles (CMVs) that are legally required to have a commercial driver’s license (CDL) to operate their rig.
Rising Trend in Positive Drug Tests for Commercial Truck Drivers
FMCSA data reveals that 2018 is the third straight year that positive drug tests have risen in this country. From the Federal Register announcing the new policy, FMCSA reports that in “2016 and 2017, the estimated positive usage rate for drugs was estimated to be 0.7 percent and 0.8 percent, respectively.”
- 2016 0.7%
- 2017 0.8%
- 2018 1.0%.
Of course, this latest tally is the result of survey results of only 300,635 CDL holders. Of serious concern is the Federal Register pointing to FMCSA estimates that there are 3,200,000 CDL holders on the roads today (interstate commerce) and another 1,000,000 CDL holders driving across state lines (intrastate).
From these numbers, one has to wonder if the other 99% of commercial truck drivers’ random drug testing results had been reported for consideration to FMCSA how much higher the percentage of positive test results would be.
It is estimated that there will be around 2,100,000 random drug tests performed on commercial truckers across the nation during calendar year 2020. It is expected to cost the trucking industry another $50-70 Million to do so.
Danger of Drugged Truck Drivers on the Roads of Indiana and Illinois
For everyone riding the roadways of Indiana and Illinois, this new change in FMCSA policy is a serious warning of dangers facing all of us as we drive to work, home, or school. Consider the following:
Higher Truck Traffic
Given that our part of the country is known as the “Crossroads of America” where both Indiana and Illinois have tremendously high amounts of commercial truck traffic on their roads, this rising need for random drug testing of commercial truck drivers is of tremendous concern.
How many of the trucks we drive alongside on the Borman Expressway, for example, are being operated by a truck driver who would fail a random drug test?
Legalization of Marijuana in Illinois
Contemplate how the huge volume of commercial truck traffic in Illinois and Indiana couples with the recent temptation to drive after smoking pot in Illinois. This year, marijuana is legally available (recreational marijuana use) in Illinois. See, Marijuana Semi-Truck Crashes: Pot, Cannabis Products, and Commercial Truck Drivers.
How many truckers will legally buy pot in Illinois and drive while high?
Rising Trend in Drugged Driver Deaths
We know that fatal truck crashes are increasing. In fact, drugged drivers are perishing more and more no matter the vehicle involved. From 2006 to 2016, the number of drivers who died in fatal accidents and tested positive for drugs almost doubled. See, Drugged Driver Accidents: December is National Impaired Driving Prevention Month. Drug-impaired drivers are considered a national public health concern according to OSHA.
Given statistics warning that drugs are causing more and more fatal crashes, what is the likelihood that the 2020 random drug testing will fail to prevent a deadly commercial truck crash in Indiana or Illinois caused by a drugged driver?
State Laws for Victims of Fatal Drugged Driving Truck Crashes in Illinois or Indiana
Both Indiana and Illinois have legal avenues for justice available to victims of a drugged driving accident. When the fatal crash involves a commercial truck (big rig, semi-truck, tractor trailer, 18-wheeler, etc.), investigations must include the potential legal responsibility of the trucking company, as well.
For more on fatal truck crashes, read:
- Fighting Against Fatal Truck Accidents and Deadly Truck Crashes: FMCSA Clearinghouse Registration Begins
- Fatal Truck Driver Crashes: Record-Breaking Trucker Fatalities According to New Studies
- Inadequate Truck Driver Training and Fatal Truck Crashes in Indiana or Illinois.
The dangers of driving roads with huge and heavy commercial vehicles are always present, and the use of drugs by any driver only increases the risk of a serious or fatal accident. Please be careful out there!
