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

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

fta.dot.gov
25.10.2013 Views

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

employee for a retest under direct observation without any advance notice. The employer cannot add any additional consequences to an invalid test. If a test is cancelled when a negative test is required (i.e., pre-employment, return-to-duty, follow-up), the employer must send the employee back for another test, not under direct observation. The employer is not allowed to alter a drug test result once the result has been verified by the MRO. Chapter 7. Drug Testing Procedures 7-27 August 2002

employee for a retest under direct<br />

observation without any advance notice.<br />

The employer cannot add any additional<br />

consequences to an invalid test. If a test is<br />

cancelled when a negative test is required<br />

(i.e., pre-employment, return-to-duty,<br />

follow-up), the employer must send the<br />

employee back for another test, not under<br />

direct observation. The employer is not<br />

allowed to alter a drug test result once the<br />

result has been verified by the MRO.<br />

Chapter 7. Drug Testing Procedures 7-27 August 2002

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