• Employers utilizing a C/TPA for random tests may calculate the number of drivers to be tested via a combined pool of many motor carriers or individually as an independent pool.

If the employer conducts random testing through a consortium/third-party administrator (C/TPA), the number of drivers to be tested may be calculated for each individual employer (independent pool), or may be based on the total number of subject drivers covered by a consortium (combined pool of many motor carriers). This will mean that a consortium member could have fewer than its required number of random tests conducted if the overall consortium rate equals the required rate. For instance, if Employer A has 20 drivers and the consortium has 500 drivers in the pool covering Employer A, and a 10 percent rate applies for alcohol and 50 percent rate applies for drugs, if Employer A chooses to have the rate based on the consortium, the consortium must conduct at least 50 alcohol tests and 250 drug tests even if Employer A tests fewer than 2 drivers for alcohol and fewer than 10 drivers for drugs.

A consortium that performs selection and/or testing services as agents for the employer must prepare and provide to the employer complete and comprehensive descriptions of the procedures used by the consortium. An employer must have this information readily available for inspection. The consortium, and an employer who does not use a consortium, must include in these descriptions:

• How the random selection pool is assembled,
• The method of selection and notification of drivers,
• The location of collection sites (at terminals, clinics, “on the road,” etc.),
• Methods of reporting the test results on each driver, and
• Summary reports of the consortium’s program.

Also, documentation must be provided to show that the consortium is testing at the prescribed minimum annual percentage rate for alcohol and/or controlled substances. When contracting with a C/TPA, each employer in the consortium must ensure all testing requirements are met.