Developing Tools for the Random Selection Process

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Developing Tools for the Random Selection Process

• Brian Baker
• (Cambridge Systematics)
• Mike Redington
• (US DOT/Volpe Center)

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How Are We Doing?

• Most Common Audit Finding (1)
• Are random drug and alcohol tests unpredictable -
  e. g. , the tests are conducted at all times
  of the day when safety sensitive functions are
  performed?
• Third Most Common Audit Finding (3)
• Are random drug and alcohol tests unpredictable -
  e. g. , the tests are conducted on all days of
  the week when safety sensitive functions are
  performed?
• Fifth Most Common Audit Finding (5)
• Are random drug and alcohol tests unpredictable -
  e. g. , the dates for administering random
  tests are spread reasonably throughout the
  calendar year?
• Result of random record reviews
• 1st, 3rd and 5th out of 336 questions

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Random Testing Regs

• Section 655.45(e) states The selection of
  employees for random drug and alcohol testing
  shall be made by a scientifically valid method,
  such as a random number table or a computer-based
  random number generator that is matched with
  employees' Social Security numbers, payroll
  identification numbers, or other comparable
  identifying numbers. Under the selection process
  used, each covered employee shall have an equal
  chance of being tested each time selections are
  made.

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More Regs

• Section 655.45(g) states Each employer shall
  ensure that random drug and alcohol tests
  conducted under this part are unannounced and
  unpredictable, and that the dates for
  administering random tests are spread reasonably
  throughout the calendar year. Random testing must
  be conducted at all times of day when
  safety-sensitive functions are performed.
• Not spread randomly

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Who How Many?

• 49 CFR Part 655
• the minimum annual percentage rate for random
  drug testing shall be 50 percent of covered
  employees the random alcohol testing rate shall
  be 10 percent
• Each year, the Administrator will publish in the
  Federal Register the minimum annual percentage
  rates for random drug and alcohol testing of
  covered employees. The new minimum annual
  percentage rate for random drug and alcohol
  testing will be applicable starting January 1 of
  the calendar year following publication.

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Federal Register

• The Administrator has determined that the random
  drug testing rate shall be reduced from 50 to 25
  percent for 2007 due to a positive rate lower
  than 1.0 percent for random drug test data from
  2003 through 2005.
• Because the random alcohol violation rate was
  again lower than 0.5 percent for the two
  preceding consecutive years (0.11 percent for
  2004 and 0.11 percent for 2005), the random
  alcohol testing rate will remain at 10 percent
  for 2007.

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Office of Drug and Alcohol Policy and Compliance
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Always 25?

• 49 CFR Part 655
• If a given covered employee is subject to random
  drug and alcohol testing under the testing rules
  of more than one DOT agency for the same
  employer, the employee shall be subject to random
  drug and alcohol testing at the percentage rate
  established for the calendar year by the DOT
  agency regulating more than 50 percent of the
  employee's function.
• If an FTA-only covered employee is a DOT random
  selection pool with employees regulated by a DOT
  Agency with a minimum required rate gt 25, must
  test at higher rate.
• 25 is the minimum requirement

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25 / 10.. of What/Who?

• 49 CFR Part 655
• The employer shall randomly select a sufficient
  number of covered employees for testing during
  each calendar year to equal an annual rate not
  less than the minimum annual percentage rates for
  random drug and alcohol testing determined by the
  Administrator.
• 25/10 of number of covered employees
• What if number of covered employees is not
  constant?
• 25/10 At beginning of year? At end of year?

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How Many to be Selected
49 CFR Part 40 Procedures for Transportation
Workplace Drug and Alcohol Testing Programs Drug
and Alcohol Management Information System
Reporting
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How to Determine How Many to Test?

• Example (random pool size at time of selection)
• 1st Qtr 175 covered employees
• 2nd Qtr 225 covered employees
• 3rd Qtr 250 covered employees
• 4th Qtr 150 covered employees
• Total - 800 covered employees
• (800/4) 200 employees subject to testing
• 50 the minimum number of required random drug
  tests (25)
• 20 the minimum number of required random
  alcohol tests (10)

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How to

• Section 655.45(e) states scientifically valid
  method, such as a random number table or a
  computer-based random number generator

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How to Select Who Gets Tested

• Section 655.45(e) states scientifically valid
  method, such as a random number table or a
  computer-based random number generator
• Must ensure that your random pool is updated at
  time of selection
• Terminations, New Hires, Transfers, New Duties

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Random Number Table

• Random Number Tables
• printed table of random numbers, usually made up
  of several rows and columns of computer generated
  numbers
• To Use the Table
• select a starting value is chosen by randomly
  selecting a row and column (e.g., by throwing a
  dice, blindfolded).
• work through the table using any previously
  chosen systematic rule then chooses successive
  numbers.
• suitable rules might be
• (1) moving horizontally to the right, skipping
  alternate numbers, or
• (2) moving vertically down, selecting every fifth
  number. The selected random numbers may then be
  used, for example, to determine target sequences.

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Random Number Generators

• http//stattrek.com/Tables/Random.aspx
• http//www.randomizer.org/rrbox.htm
• http//www.random.org/
• http//www.graphpad.com/quickcalcs/randomN1.cfm

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What are the Rules of Selection?

• Can a single individual be selected more than
  once from the pool in a weekly/monthly/quarterly
  random selection?
• Are you required to have separate random
  selections for random drug testing and random
  alcohol testing?

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Create Your Own Random Number Generator Using
MS-Excel
See Handout
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Spread Reasonably

• Across the Year
• Days of Week
• Times of Day

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Generating Random Charts
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• Most Common Mock Urine Collection Findings
• 1) Does the collector write the date on each
  tamper-evident specimen bottle seal, only after
  the seals are affixed to the bottles?
• 2) Does the collector explain the basic
  collection procedure to the employee and show the
  employee the instructions on the back of the CCF?
  
• Most Common Mock Breath Alcohol Collection
  Finding
• 1) Did the BAT explain the testing procedure and
  show the employee the instructions on the back of
  the Breath Alcohol Testing Form?