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Taxicab Driver Drug & Alcohol Testing - OCTAP Regulations & Requirements 3 5 5 Types of Tests (cont.) a) Drivers selected for random testing shall proceed to the test site immediately upon notification of their selection to be tested. Failure to report to testing facility immediately without verified and acceptable evidence of circumstances preventing driver to do so shall be determined as a positive test result. b) Required minimum annual percentage rate for random controlled substance testing shall be 50% of the number of drivers (based on total number of drivers for an individual employer or total number of drivers in an approved consortia of safety-sensitive employees from different employers). Out of the minimum 50% of drivers to be tested for controlled substance use, at least half of those drivers (25% of all drivers) shall be required to test for BAC. c) Minimum anhual percentage rates for controlled substance and alcohol testing may be lowered or raised by the Federal Highway Administration (FHWA) administrator based on the violation rates evidenced after two years of random testing. d) The selection of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method such as a random number table or computer program where each driver shall have an equal chance of being tested each time selections are made. e) Each employer shall ensure that random tests are unannounced and that the dates for administering tests are spread reasonably throughout the calendar year. Reasonable Suspicion Testing: An employer shall require a driver to submit to a controlled substance and/or alcohol test when the employer has reasonable suspicion to believe that the driver is under the influence of such substances. In order for an employer or supervisor to make such a determination, he or she must have completed the required minimum total of two hours of controlled substance and alcohol education. a) Drivers shall proceed to the test site immediately upon notification of their employer's suspicion of their use of controlled substances and/or alcohol misuse. Failure to report to testing facility immediately without verified and acceptable evidence of circumstances preventing driver to do so shall be determined as a positive test result. b) Reasonable suspicion must be based on specific, contemporaneous, articulate observations concerning the appearance, behavior, speech or body odors of the driver, as well as the indications of the chronic and withdrawal effects of controlled substances (all of which symptoms the supervisor of the employee shall be knowledgeable of following the required drug and alcohol education). c) Driver shall be removed from duty immediately following notification of reasonable suspicion by supervisor and may not return to duty until test results for controlled substance use are confirmed negative and/or BAC test results are less than 0.02%. I:\planning\amyw\taxidrug doc