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

2. An error that does not affect
employee protections, such as the
failure to add bluing agent to the
toilet bowel;
3. Collection of the specimen by a
collector that has not met the training
requirements;
4. A delay in the collection process;
5. Verification of a test result by an
otherwise qualified MRO who has
not met the training requirements;
6. Failure to perform an observed or
monitored collection when one is
required, or performing an
unauthorized collection;
7. Use of a facility that does not meet
the minimum requirements;
8. Omission of courier name on the
CCF;
9. Inadvertent inclusion of personal
information on the CCF; or
10. Claims that the employee was
improperly selected for testing.
Section 6. EMPLOYER
RESPONSIBILITIES
Employers are responsible for ensuring
that all aspects of the drug testing program
comply with 49 CFR Part 40. Even though
employers may hire one or more service
agents to perform the testing functions, the
employer cannot delegate the responsibility
for compliance. An FTA recipient or
subrecipient whose service agents do not
meet or who violate applicable requirements
and procedures of Part 40, may be deemed
out of compliance and subject to losing their
FTA funding.
All written or unwritten contracts,
agreements, or arrangements with service
agents concerning the provision of DOT
drug and alcohol testing services are
deemed, as a matter of law, to require
compliance with all applicable DOT and
FTA drug and alcohol testing regulations
(§40.11).
Employer Actions. With the
publication of the new DOT rule on the
Procedures for Transportation Workplace
Drug and Alcohol Testing Programs (49
CFR Part 40), the wide range of test results
and corresponding employer actions have
been clearly defined and standardized.
Figure 7-3 is provided on page 7-28 as a
quick reference of test results and
subsequent employer actions. For further
explanation, the regulatory text should be
consulted.
Once an employer is notified by the
MRO of a verified positive, adulterated, or
substituted test result, the employer must
immediately remove the employee from
safety-sensitive job duties. The employer
must not wait for the written report from the
MRO or the test result from the split
specimen. The employee cannot be returned
to safety-sensitive duty until the employee
has successfully completed the return-toduty
process as defined further in Chapter 9
of these guidelines.
If an employee’s test result is negative
dilute, the employer must determine if a
retest is required as defined in the
employer’s policy statement. If the MRO
reports the test result as invalid, the
employer must immediately send the
Chapter 7. Drug Testing Procedures 7-26 August 2002