Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
Post-Accident Decision Chart ACCIDENT Was the accident/incident associated with the operation of a mass transit vehicle? Road Surface Vehicles Fixed Guideway Vehicles - bus - rail car No - electric bus - trolley car - van - trolley bus - automobile - vessel - commercial motor vehicle - armed security vehicle Yes No test required; document Was the occurrence associated with the manner of operation? - brake application - steering - acceleration No No test required; document Yes Operator Test ASAP Was there a fatality? Yes Yes No Other SS Was anyone Employees immediately Could any other No covered employees have contributed to the accident? transported to a medical treatment facility? No Yes Road Surface Vehicles Fixed Guideway Vehicles Yes Was there any disabling damage to any vehicle? Yes Was the vehicle or car removed from service? Operator Other SS Employees No No Can operators' Could any other performance be covered employee have completely discounted contributed to the as a contributing accident? No testing required; factor? document Yes No Yes No Testing required ASAP; document Chapter 6. Types of Testing 6-10 August 2002
Testing for drugs and alcohol following an accident must be performed as soon as possible following the accident, but should in no way delay necessary medical attention for injured people or prohibit a safetysensitive employee from leaving the scene of an accident to obtain assistance or necessary emergency medical care. However, the safety-sensitive employee must remain readily available, which means the transit agency knows the location of the safety-sensitive employee. Employees that leave the scene of the accident prior to submitting to the test without notifying the employer of his/her location may be deemed to have refused the test. If a collision/incident does not meet the FTA accident definition (§655.4) or if the definition is met, but the employer completely discounts the employee’s performance as a contributing factor in a non-fatal accident, the decision not to administer a drug and/or alcohol test must be documented in detail, including the decision-making process used to reach the decision not to test. In the rare event that an employee is unable to perform a post-accident test within the required time period (i.e., 8 hours for alcohol and 32 hours for drugs) due to circumstances beyond the employer’s control, the results of a blood, urine, or breath alcohol test conducted by a federal, state, or local official having independent authority for the test, will be considered to meet the requirements for a post-accident test. The test must conform to the applicable federal, state, or local testing requirements and must be obtained by the employer. Circumstances beyond the employer’s control might include instances where the employee is incarcerated, unconscious, or requires medical treatment that precludes the FTA testing. Results from tests administered by law enforcement personnel may not be used if the employer could have, but did not perform its own test. This provision does not permit employers to ignore their obligation to test, nor does it prohibit duplicated post-accident testing. In such cases, it is expected that the employer will conduct FTA drug and alcohol tests, while law enforcement officials conduct tests under their own authority. In instances where law enforcement test results are accepted in lieu of FTA test results, the employer must document the circumstances which prevented the FTA drug and alcohol tests from being conducted. This provision imposes no requirement on federal, state, or local officials to perform post-accident testing for FTA covered employers. Employers should not assume that law enforcement personnel routinely perform post-accident testing or that law enforcement officials will make test results readily available to them. Most law enforcement agencies will require a Chapter 6. Types of Testing 6-11 August 2002
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Post-Accident Decision Chart<br />
ACCIDENT<br />
Was the accident/incident associated with the operation of<br />
a mass transit vehicle?<br />
Road Surface Vehicles Fixed Guideway<br />
Vehicles<br />
- bus - rail car No<br />
- electric bus - trolley car<br />
- van - trolley bus<br />
- automobile - vessel<br />
- commercial motor vehicle<br />
- armed security vehicle<br />
Yes<br />
No test required;<br />
document<br />
Was the occurrence associated with the<br />
manner of operation?<br />
- brake application<br />
- steering<br />
- acceleration<br />
No<br />
No test required;<br />
document<br />
Yes Operator Test ASAP<br />
Was there a fatality? Yes Yes<br />
No Other SS<br />
Was anyone Employees<br />
immediately<br />
Could any other No<br />
covered employees<br />
have contributed to the<br />
accident?<br />
transported to a<br />
medical treatment<br />
facility?<br />
No<br />
Yes<br />
Road Surface Vehicles<br />
Fixed Guideway<br />
Vehicles<br />
Yes<br />
Was there any<br />
disabling damage to<br />
any vehicle?<br />
Yes<br />
Was the vehicle or car<br />
removed from service?<br />
Operator<br />
Other SS<br />
Employees<br />
No No<br />
Can operators' Could any other<br />
performance be covered employee have<br />
completely discounted contributed to the<br />
as a contributing accident?<br />
No testing required; factor?<br />
document<br />
Yes<br />
No<br />
Yes No<br />
Testing required<br />
ASAP; document<br />
Chapter 6. Types of Testing 6-10 August 2002