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

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Initial Positive Test Result SAP Assessment Education/Treatment SAP Reviews Whether Employee Successfully SAP Recommends Completed Recommendations Return to Duty to for Action Employer Return to Duty Specimen SAP Rejects Collected Employee Not Permitted to Employer Return to SS Discipline Position SS = Safety-Sensitive SAP = Substance Abuse Professional MRO = Medical Review Officer ODAPC = Office of Drug and Alcohol Policy and Compliance Employer Discretion Regulatory Requirements Cancelled Test or Retest if Requested By M RO Sample Analyzed Results Reviewed by M RO Reanalysis if Requested by MRO Verified Negative Employer Determines if Employee Returns to Work Verified Positive Return to Duty Contract Employee Not Allowed to Return to SS Position Follow-Up Tests Conducted Employee Returns to SS Position Split Specimen Analysis Not Requested Split Specimen Analysis Requested by Verified Positive Employee Verified Negative Follow-Up Tests Conducted SAP Recommended After Care Program Employee Removed from SS Positon Split Sample Verified Negative Reviewed by Report to ODAPC MRO Verified Positive Employee Not Allowed to Return to Duty Employee Retains SS Position Subject to Further Follow-Up Testing As Defined in the SAP Follow-Up Testing Plan Yes Violation of Return to Duty Contract? No Employee Remains on Duty, Follow-Up Testing Employer Discipline Employee Discharged Continues Figure 6-6. Drug Testing Process for Return-to-Duty, Follow-up Employee Discharged Chapter 6. Types of Testing 6-26 August 2002
Sample Documentation Chapter 6. Types of Testing 6-27 August 2002
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October 2009 Implementation Guideli
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Notice This document is disseminate
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METRIC/ENGLISH CONVERSION FACTORS E
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Table of Contents Chapter 1. INTROD
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Table of Contents (continued) Secti
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Chapter 1. INTRODUCTION Section 1.
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Transit employers may go beyond the
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Recommendation: Know the Regulation
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Sample Documentation Chapter 1. Int
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DHHS-Certified Laboratories, Center
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FTA Drug and Alcohol Management Inf
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Research And Special Programs Admin
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employment in safety-sensitive posi
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What happens in these cases? The pu
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Section 3. SAFETY-SENSITIVE • Ope
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performing the volunteer service ar
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Safety-sensitive Examples of Nation
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• A description of the consequenc
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projects, the employer should notif
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Sample Documentation Chapter 2. Reg
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Certification of Compliance for FTA
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4. Atlanta Federal Center Suite 17T
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1. Liability of Service Agents Yasu
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plaintiffs agreed that their positi
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FTA and FMCSA Regulatory Comparison
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FTA and FMCSA Regulatory Comparison
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process ensures that all critical c
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Chapter 3. Program Formulation 3-4
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Chapter 4. POLICY DEVELOPMENT AND C
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concentration of 0.04 or greater th
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has a confirmed alcohol concentrati
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MRO before the employer is notified
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policy with the requirement to form
Page 67 and 68: Do not assume that your contractors
Page 69 and 70: PRE-EMPLOYMENT DRUG TESTING NOTIFIC
Page 71 and 72: Sample Program Notification Letter
Page 73 and 74: authorized by the employer to make
Page 75 and 76: The 60 minutes of awareness trainin
Page 77 and 78: medications which could result in p
Page 79 and 80: employees who have problems with pr
Page 81 and 82: particular alcohol testing device t
Page 83 and 84: emain current with the regulations
Page 85 and 86: − Changes in Rules, Guidance and
Page 87 and 88: Exhibit 5-1 Summary of Education an
Page 89 and 90: Exhibit 5-3 Typical Agenda for Supe
Page 91 and 92: Exhibit 5-4 REASONABLE SUSPICION TR
Page 93 and 94: Chapter 6. TYPES OF TESTING Six typ
Page 95 and 96: Previous DOT Employer Record Check
Page 97 and 98: the “insufficient volume” proce
Page 99 and 100: for employees what is meant by on-d
Page 101 and 102: Nonfatal accidents involving a bus,
Page 103 and 104: Testing for drugs and alcohol follo
Page 105 and 106: iases in the process. To be conside
Page 107 and 108: 1. Determine how frequently random
Page 109 and 110: In many small transit systems, ever
Page 111 and 112: Before making the return-to-duty re
Page 113 and 114: up testing program. The SAP must do
Page 115 and 116: Employee Discharged BAC >= 0.04 Con
Page 117: Employee Discharged Split Specimen
Page 121 and 122: 1) Accident Report Number: 2) Locat
Page 123 and 124: Chapter 7. DRUG TESTING PROCEDURES
Page 125 and 126: Recommendation Multiple Collection
Page 127 and 128: spouse, relative) or a close person
Page 129 and 130: The DOT requires the new version of
Page 131 and 132: 9. The collector must direct the em
Page 133 and 134: evening contact telephone numbers i
Page 135 and 136: temperature range (90.0 to 100.0 F)
Page 137 and 138: publishes its final rule establishi
Page 139 and 140: for the preceding 6 months ending o
Page 141 and 142: Chapter 7. Drug Testing Procedures
Page 143 and 144: • The MRO will verify the test re
Page 145 and 146: The MRO may change a verified test
Page 147 and 148: direct the DER to have the employee
Page 149 and 150: employee for a retest under direct
Page 151 and 152: Sample Documentation Chapter 7. Dru
Page 153 and 154: Collection Site Checklist (cont.) (
Page 155 and 156: 12. You may now wash your hands and
Page 162 and 163: Privacy Act Statement: (For Federal
Page 164 and 165: than an EBT, that is approved by th
Page 166 and 167: Breath Alcohol Technician (§40.213
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availability and the need for backu
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At the conclusion of the screen tes
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sufficient amount of breath. A medi
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In addition to stipulating the cons
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Sample Documentation Chapter 8. Alc
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[Federal Register: May 4, 2001 (Vol
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The Conforming Products List is the
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Highway Safety Programs; Model Spec
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45420 Federal Register / Vol. 65, N
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U.S. Department of Transportation (
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Section 1. SAP QUALIFICATIONS A sub
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Education/Treatment Program Referra
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Employers are not required to follo
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SAP, many employers have looked to
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10 weeks, with most sessions schedu
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_____________________________ _____
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FOLLOW-UP TESTING PROCESS SAP Input
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Alcohol Test Results
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when the applicant was assigned saf
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may arrange to have the consortium
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• Employers and service agents sh
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The list of randomly selected trans
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A. At a Nonprofit Agency or Indepen
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Reporting Period: Laboratory Name a
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Record Retention Checklists (page 2
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Retains CCF1 Split Lab - CCF1 Labor
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CCF1 Split Lab Retains - CCF1 Labor
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U.S. DEPARTMENT OF TRANSPORTATION D
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Chapter 11. CONSORTIA AND THIRD PAR
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Greater Expertise. The FTA and DOT
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Section 2. CONSIDERATIONS IN ESTABL
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esults (≥0.02) between the BAT an
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consideration. Thus, the more diver
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Section 5. IS A CONSORTIUM RIGHT FO
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• Procurement of testing services
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• Consider which consortium model
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Exhibit 11-1 Role of State DOTs in
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Exhibit 11-3 CONSORTIA RESPONSIBILI
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Chapter 12. PROGRAM MONITORING As a
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• Conduct periodic review of serv
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compliance. You are encouraged to c
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Chapter 13. THE DRUG-FREE WORKPLACE
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Violations of the act may result in
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Exhibit 13-1 DRUG-FREE WORKPLACE AC
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Chapter 14. SUBSTANCE ABUSE MANAGEM
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Notification of audit Requested mat
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them to move throughout the facilit
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above materials. ⎯⎯Procedures t
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DAY 3 Time Activity Team Address of
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Date of Collection Jan-01 Nov-00 Se
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Time of the Test Time of the Test 8
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Each auditor will discuss the porti
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Sample Re-audit Agenda DAY 1 Time A
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Index of Appendices Appendix A. Acr
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AA Alcoholics Anonymous Appendix A.
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RFP Request for Proposal RIA Radio
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Newsletters Appendix B. Additional
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U.S. Department of Labor. What Work
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Other Government Web sites Drug and
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Appendix C Americans with Disabilit
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sensitive duties for the illegal us
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If the individual is qualified and
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allegation of discrimination under
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Appendix D. Certified Laboratories
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DrugProof, Divison of Dynacare 543
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One Source Toxicology Laboratory, I
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The following laboratories are volu
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Federal Register / Vol. 65, No. 141
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Appendix F. Fact Sheets Drug Detect
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Social Issues • Two-thirds of all
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• The euphoric stimulation increa
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• Paranoia • Profuse sweating a
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connection between marijuana smokin
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Opiates (Narcotics) Fact Sheet Opia
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Phencyclidine (PCP) Fact Sheet Phen
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Appendix G Questions and Answers
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ecipient, and someone other than th
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Q. Can transit operators receive wa
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Q. If an employee changed jobs prio
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Q. How much training are employers
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acceptable for the company-required
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Q. In a post-accident situation req
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employees and 50 non-DOT employees,
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Q: What actual address is required
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Q: Can a split specimen be sent to
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actual employee of the employer may
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Q: Must collectors, BATs, STTs, MRO
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an observer, or a monitor for co-wo
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Q: If a collector makes an error on
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Appendix H Terms and Definitions
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indirectly, one controls or has the
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Confirmation validity test Confirme
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These terms include any designee of
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Medical Review Officer (MRO) A pers
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Random test Reason to believe Reaso
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Safety-sensitive function Any of th
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trolley bus, or vessel. A “mass t
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49 CFR Part 40 Updated August 31, 2
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§ 40.89 What is validity testing,
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Page 4 of 100 § 40.287 What inform
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Page 6 of 100 Subpart A - Administr
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Page 8 of 100 Medical Review Office
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Page 10 of 100 § 40.17 Is an emplo
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Page 12 of 100 (b) You must request
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Page 14 of 100 (4) The collector's
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Page 16 of 100 (1) To avoid distrac
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Page 18 of 100 (f) Direct the emplo
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Page 20 of 100 (g) As the collector
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Page 22 of 100 participate in the D
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Page 24 of 100 (b) You must determi
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Page 26 of 100 (d) If you have not
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Page 28 of 100 December 31 of the p
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Page 30 of 100 (a) Review Copy 2 of
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Page 32 of 100 (1) As the DER, you
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Page 34 of 100 (i) Recent needle tr
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Page 36 of 100 (2) If you receive i
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Page 38 of 100 (iii) If a negative
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Page 40 of 100 (6) Result of the te
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Page 42 of 100 (d) When you receive
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Page 44 of 100 (1) Report that the
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Page 46 of 100 (2) There is not an
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Page 48 of 100 (c) The laboratory r
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Page 50 of 100 (6) The failure to d
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Page 52 of 100 partially meets thes
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Page 54 of 100 (c) As the user of t
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Page 56 of 100 (vi) You must then d
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Page 58 of 100 (i) You may transmit
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Page 60 of 100 (b) In the case of a
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Page 62 of 100 (iii) Key DOT drug t
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Page 64 of 100 § 40.295 May employ
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Page 66 of 100 (e) The requirements
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Page 68 of 100 accident drug test r
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Page 70 of 100 § 40.343 What tasks
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Page 72 of 100 and follow-up testin
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Page 74 of 100 (b) In exercising th
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Page 76 of 100 resubmit the matter
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Page 78 of 100 § 40.397 When does
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Appendix A to Part 40 - DOT Standar
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Appendix C to Part 40-DOT Drug Test
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Page 84 of 100 Appendix E to Part 4
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Appendix G to Part 40—Alcohol Tes
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Page 88 of 100
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Page 90 of 100
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I. Employer: Company Name: Page 92
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Page 94 of 100 The following form a
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Section III. Drug Testing Data Page
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Page 98 of 100 TIP ~ Even though so
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Page 100 of 100 Finally, additional
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49 CFR Part 655
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2 Electronic access to this rule an
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duty and follow-up testing under sp
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When the drug and alcohol rules ini
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the consequences for prohibited dru
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Labor unions: 3 Trade associations:
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FTA Response. FTA opts not to inclu
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Since each employer uses its own te
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Most of the commenters to this sect
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themselves that employees can succe
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Several commenters responding to th
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service providers and the employer.
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esponsibility of FTA transit funds
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26 Federalism assessment. However,
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Part 655 - Prevention of Alcohol Mi
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655.52 Substance abuse professional
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(b) This part must be read in conju
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(2) The volunteer performs a safety
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Refuse to submit means any circumst
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An employer must have an anti-drug
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part. (c) Specific information conc
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(5) Phencyclidine. (c) Consumption
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concentration less than 0.04. This
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§655.43 Reasonable suspicion testi
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48 the reasons the alcohol test was
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(c) Rates for drug testing. (1) Whe
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annual percentage rate under this p
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(a) Each employer shall require a c
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56 for evaluating and resolving pro
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qualifying the supervisors to make
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60 (12) Number of covered employees
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post-accident alcohol test indicati
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equired to be maintained by this pa
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(b) A certification must be authori
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Drug-Free Workplace Act
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TABLE OF CONTENTS INTRODUCTION ....
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egulations that have been made sinc
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The behaviors that are prohibited b
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⎯ An individual who refuses to su
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Have employees been notified that p
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⎯ Add a bluing agent to the toile
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Are employees who are subject to te
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LABORATORY TESTING Are all drug tes
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⎯ Direct the analysis of the spli
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Is only one test conducted at a tim
Page 611 and 612:
Does the BAT notify the employer’
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Does the SAP evaluate whether a saf
Page 615 and 616:
ADMINISTRATIVE REQUIREMENTS If a pr
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Are procedures in place to have emp
Page 619 and 620:
hours following the accident, the e
Page 621 and 622:
Are random numbers substituted only
Page 623 and 624:
Are employees that are subject to f
Page 625 and 626:
OTHER TRAINING Consistent with the
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♦ Documents presented by a covere
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CERTIFICATION ♦ Each year transit
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A R DMINISTRATIVE EQUIREMENTS Do th
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DRUG AND ALCOHOL POLICY REVIEW QUES
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Meeting FTA thresholds; Meeting dru
Page 637 and 638:
CONSEQUENCES OF A FAILED OR REFUSED
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How much notice is given to the emp
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RECORDS MANAGEMENT QUESTIONNAIRE AP
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If the information requested is not
Page 645 and 646:
Has the employer met the minimum an
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Do the records indicate that any dr
Page 649 and 650:
Does the employer utilize the stand
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If tests are cancelled because of a
Page 653 and 654:
If you conducted the initial test,
Page 655 and 656:
SALIVA TEST TECHNICIAN QUESTIONNAIR
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MEDICAL REVIEW OFFICER (MRO) QUESTI
Page 659 and 660:
What action would you take if the s
Page 661 and 662:
• • • As the SAP, can you sub
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Do you assist your members in any w
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