Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
subpoena or official request to release test results to employers. Procedures Following an Accident The steps to follow in a post-accident situation are summarized as follows: 1. Treat any injury first. The accident victims’ physical health is always a higher priority than conducting a substance abuse test. 2. Cooperate with law enforcement officials. Allow local law enforcement to conduct their investigation. For purposes of their investigation, the police may require a test for a legal determination of the presence of drugs or alcohol. Remember that you cannot use the results of a test given for law enforcement purposes unless the employee is unavailable for FTA testing during the designated time period following the accident. You must use due diligence to administer post-accident tests in accordance with FTA’s regulations. 3. Determine if the incident meets the FTA definition of an accident. Based on the information available at the time of the incident, determine if it meets the FTA criteria for an accident. For a nonfatal accident, determine if the operator can be completely discounted as a contributing factor. Determine if any other covered employee besides the driver could have contributed to the accident. Determine whom to test. 4. Explain the need for testing. Tell the employee(s) that a test is required by FTA regulations to be conducted. Point out to the employee that a negative finding will objectively put to rest any suspicion of drugs and alcohol as a cause of the accident. 5. Conduct tests promptly. The FTA regulations require that specimen collection be performed as soon as possible, but no later than 8 hours for alcohol and 32 hours following the accident for drugs. 6. Document the test decision promptly. As soon as practical following the accident, document the reason why a test was conducted or why one was not. Figures 6-3 and 6-5 at the end of this chapter, illustrate the post-accident testing processes for alcohol and drugs. Section 4. RANDOM TESTING The FTA regulation (§655.45) requires random testing of drugs and alcohol for all safety-sensitive employees. Random testing can identify employees who are using drugs or misusing alcohol, but are able to use the predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing serves as a strong deterrent against employees beginning or continuing prohibited drug use and misuse of alcohol. Transit agencies must use a scientifically valid random-number selection method to select safety-sensitive employees. Valid methods include the use of a randomnumber table or a computer-based randomnumber generator that is matched with safety-sensitive employees’ identification numbers (i.e., social security number, payroll number, or other employer identification number). Picking numbers from a hat or other manual techniques are not acceptable due to inherent or perceived Chapter 6. Types of Testing 6-12 August 2002
iases in the process. To be considered scientifically valid, each covered employee must have an equal chance of being picked each time selections are made. Testing Rates The number of random drug tests to be conducted each year must equal at least 50 percent of the total number of safetysensitive employees subject to drug testing, included in the testing pool. A slightly higher percentage (+5%) should be tested to provide for cancelled tests. The number of random alcohol tests conducted each year must equal at least 10 percent of the covered employees included in the pool. If the transit system joins a consortium for random-number selection, the annual rate may be calculated for each individual consortium organizational member or for the total number of safety-sensitive employees within the consortium (see Chapter 11, “Consortia and Third Party Administrators”). The FTA’s random alcohol and drug testing rates may be adjusted based on analysis of positive drug and alcohol violations rates for the entire transit industry (§655.45(d)) as reported in the annual industry-wide Management Information System report. If the transit industry as a whole generates a random positive drug test result of less than 1 percent for two consecutive calendar years, FTA may reduce the drug testing rate to 25 percent. FTA may not lower the drug testing rate below 25 percent. If, subsequently, the random positive drug test rate ever exceeds 1 percent during any single calendar year, the drug test rate will be increased back up to the 50 percent level. A summary of the rates is presented in the following chart. Even though the alcohol testing rate was originally established at 25 percent, the alcohol testing rate was lowered to 10 percent in 1998 based on industry-wide violation rates below 0.5 percent for the two consecutive preceding years. The alcohol testing rate will be increased back to 25 percent if the violation rate is greater than 0.5 percent but less than 1 percent for any single year. The alcohol rate can increase to 50 percent if the violation rate exceeds 1 percent in any given year. The alcohol violation rate is calculated each year by adding the number of positive random tests to the number of refusals of random tests and dividing the sum by the total number of random tests attempted (completed plus refused). Industrywide Positive Random Test Results Less than 0.5% Greater than 0.5 % but less than 1% Greater than 1% Alcohol Random Testing Rate Drug Random Testing Rate 10% 25% 25% 25% 50% 50% Note: To reduce the testing rate the industry-wide positive rates must be at the designated level for 2 consecutive years, while the rate will increase if the positive test rate raises one level during any single year. The minimum annual percentage rates will be published in the Federal Register each year for the following calendar year and noted in the FTA Drug and Alcohol Regulation Updates. The rates will be applicable for the calendar year beginning on January 1 of the calendar year following publication of the random testing rates. The rates are considered minimums. Employers who choose to test at higher rates may do so Chapter 6. Types of Testing 6-13 August 2002
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subpoena or official request to release test<br />
results to employers.<br />
Procedures Following an Accident<br />
The steps to follow in a post-accident<br />
situation are summarized as follows:<br />
1. Treat any injury first. The<br />
accident victims’ physical health is<br />
always a higher priority than<br />
conducting a substance abuse test.<br />
2. Cooperate with law enforcement<br />
officials. Allow local law<br />
enforcement to conduct their<br />
investigation. For purposes of their<br />
investigation, the police may require<br />
a test for a legal determination of the<br />
presence of drugs or alcohol.<br />
Remember that you cannot use the<br />
results of a test given for law<br />
enforcement purposes unless the<br />
employee is unavailable for FTA<br />
testing during the designated time<br />
period following the accident. You<br />
must use due diligence to administer<br />
post-accident tests in accordance<br />
with FTA’s regulations.<br />
3. Determine if the incident meets the<br />
FTA definition of an accident.<br />
Based on the information available at<br />
the time of the incident, determine if<br />
it meets the FTA criteria for an<br />
accident. For a nonfatal accident,<br />
determine if the operator can be<br />
completely discounted as a<br />
contributing factor. Determine if any<br />
other covered employee besides the<br />
driver could have contributed to the<br />
accident. Determine whom to test.<br />
4. Explain the need for testing. Tell<br />
the employee(s) that a test is required<br />
by FTA regulations to be conducted.<br />
Point out to the employee that a<br />
negative finding will objectively put<br />
to rest any suspicion of drugs and<br />
alcohol as a cause of the accident.<br />
5. Conduct tests promptly. The FTA<br />
regulations require that specimen<br />
collection be performed as soon as<br />
possible, but no later than 8 hours for<br />
alcohol and 32 hours following the<br />
accident for drugs.<br />
6. Document the test decision<br />
promptly. As soon as practical<br />
following the accident, document the<br />
reason why a test was conducted or<br />
why one was not.<br />
Figures 6-3 and 6-5 at the end of this<br />
chapter, illustrate the post-accident testing<br />
processes for alcohol and drugs.<br />
Section 4. RANDOM TESTING<br />
The FTA regulation (§655.45) requires<br />
random testing of drugs and alcohol for all<br />
safety-sensitive employees. Random testing<br />
can identify employees who are using drugs<br />
or misusing alcohol, but are able to use the<br />
predictability of other testing methods to<br />
escape detection. More importantly, it is<br />
widely believed that random testing serves<br />
as a strong deterrent against employees<br />
beginning or continuing prohibited drug use<br />
and misuse of alcohol.<br />
<strong>Transit</strong> agencies must use a scientifically<br />
valid random-number selection method to<br />
select safety-sensitive employees. Valid<br />
methods include the use of a randomnumber<br />
table or a computer-based randomnumber<br />
generator that is matched with<br />
safety-sensitive employees’ identification<br />
numbers (i.e., social security number,<br />
payroll number, or other employer<br />
identification number). Picking numbers<br />
from a hat or other manual techniques are<br />
not acceptable due to inherent or perceived<br />
Chapter 6. Types of Testing 6-12 August 2002