Implementation Guidelines - Federal Transit Administration - U.S. ...

Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...

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List of Figures Figure Page 2-1. Safety-Sensitive Process to Determine Safety-Sensitive Employees...................... 2-9 2-2. Safety-Sensitive Employee Matrix........................................................................ 2-10 3-1. Suggested Schedule for Critical Program Formulation Activities .......................... 3-4 3-2. Suggested Schedule for Critical Program Review Activities .................................. 3-5 5-1. Suggested Sources for Information Materials ......................................................... 5-2 5-2. Sources of Community Service Hot Line Telephone Numbers .............................. 5-3 5-3. External Sources of Trainers ................................................................................... 5-6 5-4. Education and Training Requirements for Medical Professionals and Technicians ............................................................................................................ 5-12 6-1. Method for Calculating the Number of Random Tests ......................................... 6-15 6-2. Drug Testing Program for Pre-Employment Test ................................................. 6-22 6-3. Alcohol Testing Process for Random, Reasonable Suspicion, Post-Accident ...... 6-23 6-4. Alcohol Testing Process for Return-to-Duty, Follow-up ...................................... 6-24 6-5. Drug Testing Process for Random, Reasonable Suspicion, Post-Accident........... 6-25 6-6. Drug Testing Process for Return-to-Duty, Follow-up........................................... 6-26 7-1. MRO Verification Flowchart: Employee Contact................................................. 7-19 7-2. MRO Verification Flowchart: Verification Process .............................................. 7-20 7-3. Summary of Test Results and Subsequent Employer Actions .............................. 7-28 10-1. Employer Record Keeping Requirements ........................................................... 10-2 10-2. Examples of Individuals Given Authority to Certify Compliance .................... 10-12 14-1. Random Tests Are Reasonably Spread Throughout the Calendar Year ........... 14-11 14-2. Random Tests Not Reasonably Spread Throughout the Calendar Year ........... 14-11 14-3. Random Testing Is Not Reasonably Spread Across All Service Days..............14-12 14-4. Random Testing Reasonably Spread Across All Days of the Week ................. 14-12 14-5. Random Testing Not Reasonably Spread Across All Service Hours ................ 14-13 14-6. Random Testing Reasonably Spread Across All Hours of Operation............... 14-13 14-7. Number of Hours After Accident Post-Accident Drug Testing Performed ...... 14-14 14-8. Number of Hours After Accident Post-Accident Breath Alcohol Test Performed........................................................................................................... 14-14 viii

Chapter 1. INTRODUCTION Section 1. PURPOSE AND SCOPE OF THESE GUIDELINES The Federal Transit Administration (FTA) recognizes that prohibited drug use and alcohol misuse affect everyone in the United States. In response to passage of the Omnibus Transportation Employee Testing Act of 1991, FTA published two regulations in February 1994, prohibiting drug use and alcohol misuse by transit employees and requiring that transit agencies test for prohibited drug use and alcohol misuse. These regulations were published as 49 CFR Part 653, Prevention of Prohibited Drug Use In Transit Operations, and 49 CFR Part 654, Prevention of Alcohol Misuse in Transit Operations. These regulations were updated on August 1, 2001, and consolidated into one regulation. The new regulation, 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, incorporates guidance that FTA previously issued through letters of interpretation, newsletters, training classes, and compliance audits. In addition, the Department of Transportation (DOT) issued 49 CFR Part 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs, on December 1, 1989, which prescribed testing methods. Following the publication of several amendments, letters of interpretation, and DOT program guidelines, the regulation underwent a major revision. The revised 49 CFR Part 40 was published on December 19, 2000, with an effective date of August 1, 2001. Complete copies of the regulations are located in Appendix I. To assist transit agencies in implementing these regulations, FTA and DOT have developed a complement of technical assistance tools including procedural manuals and reports, training workshops, videos, seminars, and Webbased resources. Central to this technical assistance effort is FTA’s publication of the Chapter 1. Introduction 1-1 August 2002

Chapter 1.<br />

INTRODUCTION<br />

Section 1. PURPOSE AND SCOPE<br />

OF THESE GUIDELINES<br />

The <strong>Federal</strong> <strong>Transit</strong> <strong>Administration</strong><br />

(FTA) recognizes that prohibited drug use<br />

and alcohol misuse affect everyone in the<br />

United States. In response to passage of the<br />

Omnibus Transportation Employee Testing<br />

Act of 1991, FTA published two regulations<br />

in February 1994, prohibiting drug use and<br />

alcohol misuse by transit employees and<br />

requiring that transit agencies test for<br />

prohibited drug use and alcohol misuse.<br />

These regulations were published as 49 CFR<br />

Part 653, Prevention of Prohibited Drug Use<br />

In <strong>Transit</strong> Operations, and 49 CFR Part 654,<br />

Prevention of Alcohol Misuse in <strong>Transit</strong><br />

Operations. These regulations were updated<br />

on August 1, 2001, and consolidated into<br />

one regulation. The new regulation, 49 CFR<br />

Part 655, Prevention of Alcohol Misuse and<br />

Prohibited Drug Use in <strong>Transit</strong> Operations,<br />

incorporates guidance that FTA previously<br />

issued through letters of interpretation,<br />

newsletters, training classes, and compliance<br />

audits.<br />

In addition, the Department of<br />

Transportation (DOT) issued 49 CFR Part<br />

40 Procedures for Transportation<br />

Workplace Drug and Alcohol Testing<br />

Programs, on December 1, 1989, which<br />

prescribed testing methods. Following the<br />

publication of several amendments, letters of<br />

interpretation, and DOT program guidelines,<br />

the regulation underwent a major revision.<br />

The revised 49 CFR Part 40 was published<br />

on December 19, 2000, with an effective<br />

date of August 1, 2001. Complete copies of<br />

the regulations are located in Appendix I.<br />

To assist transit agencies in<br />

implementing these regulations, FTA and<br />

DOT have developed a complement of<br />

technical assistance tools including<br />

procedural manuals and reports, training<br />

workshops, videos, seminars, and Webbased<br />

resources. Central to this technical<br />

assistance effort is FTA’s publication of the<br />

Chapter 1. Introduction 1-1 August 2002

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