Random testing of drivers must be administered at the rate of 25% of the average number of driver positions annually for drug tests and at the rate of 10% of the average number of driver positions annually for alcohol testing.These tests must be reasonably spread out throughout the year. A true random selection method should be used, (e.g., a random number generator or equivalent computer program).
We would suggest that the carrier join a consortium for this purpose. The consortium then has the responsibility for the true random selection method; the respective 25% and 10% testing levels will be based on all drivers within the consortium. If you are a member, the number of your drivers selected is chance only, since the 25% and 10% levels apply to the entire consortium.
Employers must ensure that random tests are unannounced. It is the responsibility of the motor carrier to ensure that drivers who are notified of selection for random alcohol* and/or controlled substances testing proceed to the test site immediately. If the driver is performing a safety-sensitive function, the employer must ensure the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.
* NOTE: A driver can only be tested for alcohol while he/she is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.