How Does FTA Random Drug and Alcohol Testing Work for Transit Employers?

Transit agencies that receive certain FTA funds must run random drug and alcohol testing under 49 CFR 655.45. The rule applies to the FTA safety-sensitive employees defined in part 655, including contractors who perform those functions. Random testing is one of the main deterrents in the program, and the rules on rates and selection are specific.

Rates for 2026. The minimum annual rate for random drug testing is 50 percent of covered employees, and the random alcohol testing rate is 10 percent (49 CFR 655.45(a)). FTA's notice at 91 FR 1861 (January 15, 2026) confirmed that both rates remain unchanged for calendar year 2026. The FTA Administrator publishes the rates each year in the Federal Register, and a new rate applies starting January 1 of the following calendar year.

How the rates can change. The Administrator sets the rates from industry data in the annual Management Information System reports required by part 655 (see the DOT MIS report). At 50 percent, the drug rate may drop to 25 percent if the reported positive rate is below 1.0 percent for two consecutive calendar years. At 25 percent, it rises back to 50 percent if the positive rate reaches 1.0 percent or more in a year. The alcohol rate moves among 10, 25 and 50 percent based on violation rates of 0.5 percent and 1.0 percent (49 CFR 655.45(c) and (d)).

Selection method. Employees must be chosen by a scientifically valid method, such as a random number table or a computer-based generator matched to payroll or other identifying numbers. Each covered employee must have an equal chance of selection each time a selection is made. Employers may test through a consortium, and the number tested may be calculated per employer or across the consortium pool (49 CFR 655.45(e) and (f)).

Timing. Random tests must be unannounced and unpredictable, spread reasonably through the calendar year, and conducted across the times of day when safety-sensitive functions are performed (49 CFR 655.45(g)). An employee notified of selection must proceed to the test site immediately. An employee doing safety-sensitive work at the time must stop that work and go to the site (49 CFR 655.45(h)).

Alcohol versus drug windows. Random alcohol tests may be given only while the employee is performing safety-sensitive functions, just before, or just after. Random drug tests may be given anytime the employee is on duty (49 CFR 655.45(i)).

Employees under more than one DOT agency. If an employee falls under two DOT agency rules for the same employer, the employee is tested at the rate set by the agency that regulates more than 50 percent of the employee's function. An employer with more than one agency may use separate pools or test a combined pool at the highest rate (49 CFR 655.45(j) and (k)). The FAQ on random drug testing policy covers pool design in general.