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Third Party Administrators, and Employers often ask about DOT compliance when a participant is selected for random drug testing and the drug test collection is conducted the following year. The issue raises the question: What year does the collection count toward annual percentages. It’s a fairly common question for randoms conducted late in the fourth quarter and the collection isn’t performed until January the following year.
DOT Random Testing Compliance
Question:
If a driver was selected for random testing in December 2024, who was on vacation at the time, and the company wants the driver to get their test done now, in January 2025, will it count towards the company’s annual target percentages (50% tested of the average number of eligible drivers) for 2024 as required by the DOT?
Answer:
No, the test completed in January 2025 would not count toward the company’s annual testing percentages for 2024 under DOT regulations.
DOT regulations require that random drug and alcohol tests be spread reasonably throughout the calendar year to ensure compliance with the annual testing percentages. Tests conducted in one calendar year cannot be retroactively applied to the annual percentage calculations for the previous year.
In this case, even though the driver was originally selected for testing in December 2024, the test was not completed until January 2025. Therefore, it would count toward the company’s 2025 random testing percentages, not 2024.
Key Points to Consider:
- Documentation: Document why the test was delayed and note the driver’s unavailability in December 2024 due to vacation. This can demonstrate due diligence during an audit.
- Missed Tests: If the company falls short of its 2024 testing percentages due to this situation, maintain records explaining the challenge for potential DOT audits.
- Proactive Adjustments: To avoid shortfalls, increase the number of drivers selected earlier in the year or have contingency plans for unavailable drivers.
Follow-Up Question:
The test won’t count for 2024 even though the random selection was conducted in 2024?
Answer:
Correct, the test still won’t count for 2024 because the test date, not the selection date, determines which calendar year it is credited to under DOT regulations.
Explanation:
DOT rules specify that to meet the annual random testing percentage requirements, tests must be completed and recorded within the same calendar year for which the percentage is calculated. Even though the driver was selected in December 2024, the actual completion of the test occurred in January 2025, meaning it counts toward the company’s 2025 testing statistics.
Why the Selection Date Doesn’t Matter:
- Annual Testing Percentages: The DOT requires companies to test at least 50% of their average number of eligible drivers (for drugs) and 10% (for alcohol) within a single calendar year. This is based on tests conducted, not selections.
- Audit and Recordkeeping: When audited, DOT inspectors will look at the collection dates of completed tests, not the random selection dates, to verify compliance.
Key Takeaway:
To meet 2024′s targets, the test must have been completed and logged in 2024. If it wasn’t, the company will need to ensure other eligible drivers were tested in sufficient numbers to avoid falling below the required percentage.
Follow-Up Question:
The percentage is calculated based on the average number of employees eligible for testing. The statistics for percentage completed for 2024 is based on the average number of employees participating in 2024 randoms. If the test is conducted in 2025 for a random in 2024, wouldn’t it distort the percentage for 2025?
Answer:
You’re correct to raise that concern! A test conducted in 2025 for a random selection made in 2024 can potentially distort the percentage calculations for 2025, but this is how the DOT handles such situations:
DOT Compliance Perspective
- 2025 Testing Pool:The driver’s test conducted in 2025 will count toward the 2025 annual random testing percentages. Since the driver is part of the eligible population in 2025, including their test in that year’s calculation aligns with the DOT’s rules for compliance.
- Impact on 2025 Percentages:If a test intended for 2024 is conducted in 2025, it adds to the completed tests count for 2025 without affecting the eligible population for 2024. While this might slightly inflate 2025’s percentage of completed tests, DOT regulations prioritize completing the test (even if delayed) over strictly matching it to the year of selection.
- Avoiding Distortion:The best way to avoid distorting the percentages is to ensure tests are conducted within the same year they are scheduled. Employers should emphasize completing random tests promptly, even if that means making arrangements for employees who are on vacation or otherwise unavailable.
Handling Audit Concerns
DOT auditors focus on whether the annual percentage requirements (e.g., 50% for drugs and 10% for alcohol FMCSA) were met within each calendar year. If a test is delayed, you should document why it was not conducted on time and show that it was completed as soon as possible.
Additional Follow-Up Question:
Since the test will not apply to 2024 statistics, is the driver still required to submit to testing?
Answer:
Yes, the driver is still required to submit to testing. DOT regulations mandate that all selected individuals, regardless of timing, must complete their random drug or alcohol tests unless a valid reason, such as termination or ineligibility, applies.
Key Points:
- Mandatory Compliance: A driver selected for random testing remains obligated to comply with the testing requirement, even if the test no longer counts toward the annual percentage statistics for the year selected.
- Reason for Completion: The purpose of random testing is to deter and detect substance use. Allowing a driver to skip testing undermines the integrity of the program and could lead to compliance issues during a DOT audit.
- Documentation: If the test is delayed, the employer should document the reasons for the delay and ensure the test is conducted as soon as possible to demonstrate efforts to comply with DOT regulations.
Conclusion:
The driver must still submit to the test, even if it is conducted in year after the selection, to fulfill the random testing requirement. Employers should ensure prompt compliance to maintain program integrity.
How Drugtestnetwork manages these details
DrugTestNerwork’s drug test data management software considers the date of the collection for annual percentage calculations.