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

of the follow-up testing will be
recommended by the SAP as long as a
minimum of six tests are performed during
the first 12 months after the employee has
returned to duty (§655.47, §40.301). Six
tests the first year should be considered a
minimum and should be the exception, not
the rule. Every case should be decided on
its own merits based on the unique
circumstances of the individual.
The SAP may recommend follow-up
testing of employees beyond the 12-month
requirement (§40.307). Follow-up testing
must not exceed 60 months from the time
the employee returns to duty, but can be
terminated anytime after the first 12 months
if the SAP determines testing is no longer
required.
To be effective, follow-up testing should
be conducted frequently. Depending upon
the SAP’s evaluation and recommendation,
testing may be conducted with varying
frequency (weekly, biweekly, or monthly) at
the outset, and may be reduced to monthly
or quarterly testing as the first complete year
of recovery is approached.
If the employee is subject to drug
follow-up tests, the SAP may also
recommend the employee take one or more
follow-up alcohol tests with a required result
less than 0.04. Conversely, the employee is
subject to alcohol follow-up tests, the SAP
may recommend that the employee take one
or more follow-up drug tests with a verified
negative result (§40.307(c)).
The SAP will document his/her
recommendations in a written follow-up
testing plan that the employer is required to
follow. The plan will not provide actual test
dates, but instead will give direction on
frequency and duration of the required
testing. The employer may not impose
additional testing requirements beyond the
SAP’s follow-up testing plan. The SAP
recommendations are non-negotiable. Only
the SAP may modify his/her evaluation and
recommendations based on new or
additional information.
Follow-up tests must be unannounced
with no predictable pattern. No one can
substitute any other test (e.g., treatment
tests, random tests) for a follow-up test, and
you cannot count a cancelled test as a
completed follow-up test. Cancelled followup
tests must be recollected.
Follow-up testing is separate from and in
addition to the regular random testing
program. Employees who are subject to
follow-up testing must also remain in the
standard random pool and must be tested
whenever they are selected, even if this
means being tested twice in the same day,
week, or month.
Follow-up testing both motivates the
employee to remain free of any prohibited
substances and provides you with assurance
that the person has not resumed drug use or
alcohol misuse. However, depending on the
individual, the substance of abuse, and the
effectiveness of treatment, the relapse rate
might be high.
Employers and employees should also
be aware that the follow-up testing plan
follows the employee to subsequent DOT
covered employers and/or through breaks in
service.
The SAP may conclude that the
employee has successfully demonstrated
compliance even though the employee has
yet to complete the entirety of the education
or treatment program. The SAP then may
recommend that the employee continue in an
aftercare program in addition to the follow-
Chapter 6. Types of Testing 6-20 August 2002