...There are two answers to the question on random drug testing depending on whether the random selection program is a DOT regulated program or a non-DOT program. National Drug Screening random drug testing random management software does have a feature called ‘Auto Compensate”. With this feature the random drug testing software will generate additional random drug and alcohol selections in the next selection period if there is a shortfall from previous selection periods.
In a DOT regulated random testing program, all selections made for the selection period must have corresponding completed drug or alcohol tests for that selection period. The selection period for a DOT random drug testing program is typically quarterly or monthly. The only exception is if a selected employee is out on extended leave through the end of the selection period, and it this case either an alternate is selected or additional test is selected in the next selection period.
For FMCSA, 49 CFR Part 382 Section 302.305 states:
(3) Each driver selected for testing shall be testing during the selection period.
DOT Best Practices documents state:
C. What happens if a selected employee is not available for testing?
Employers need to have policies in place about what to do when employees are unavailable for testing.
Non Regulated Random Drug Testing
For non-DOT random drug testing programs, there is no regulatory authority. It is up to the employer to insure that the random drug and alcohol testing is fair and consistent. When employees are selected and not tested, the program is not random, not fair and not consistent. This creates exposure to liability. In any lawsuit regarding the employer drug testing program, if the random testing program has not been managed with fairness and consistency, this can cause significant problems with the lawsuit. It is recommended that employers take a serious look at random drug testing programs and operate those program appropriately with professionalism, fairness and consistency; thus avoiding significant exposure to liability.