How Does Random Selection Work in a C/TPA Random Testing Pool?

For FMCSA-regulated motor carriers, 49 CFR 382.305(i) provides that drivers are selected for random alcohol and controlled substances testing by "a scientifically valid method, such as a random number table or a computer-based random number generator" matched with identifying numbers such as payroll or Social Security numbers. Each driver "shall have an equal chance of being tested each time selections are made," and each selected driver is tested during the selection period. Because the chance is the same at each selection, a driver may be selected more than once in a year.

Under 382.305(j)(2), an employer may use a C/TPA to perform random selections, and its drivers may be part of a larger pool of covered employees. Section 382.305(j)(1) states that only covered employees are in an employer's random testing pool and that all covered drivers must be in the pool. The employer remains responsible for making sure the C/TPA tests at the required rate.

Under 382.305(k), random tests are unannounced and spread reasonably throughout the calendar year. Under 382.305(l), a driver notified of selection proceeds to the test site immediately, or, if performing a safety-sensitive function other than driving, stops that function and proceeds as soon as possible.

Under 49 CFR 40.347(c), follow-up tests are not drawn at random from a follow-up pool. Owner-operator pools are covered in Can an Owner-Operator Be the Only Driver in a Random Testing Pool?.

The MyDrugTesting.com directory can be searched by provider name, city or ZIP code to find listed TPAs.