Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
In addition to stipulating the consequences of a positive alcohol test result, employers should clearly specify in their company plan other employee actions that are prohibited by the FTA regulation. Prohibited employee conduct includes the following: • Using alcohol while performing safety-sensitive functions; • Using alcohol within 4 hours prior to performing safety-sensitive functions; • Performing a safety-sensitive function with an alcohol concentration of 0.04 or greater; • Consuming alcohol while on-call; and • Using alcohol within 8 hours following a covered accident unless the employee has already taken a post-accident alcohol test. Employers must not permit a safetysensitive employee to perform a safetysensitive function if that employee has violated any of these provisions. Employers should also establish consequences for each of the prohibited behaviors. The summary on the following page provides a quick reference of test results and subsequent employer actions. For more explanation, the regulatory text should be consulted. If a test is cancelled when a negative test is required (i.e., return-to-duty, follow-up), the employer must send the employee back for another test. The employer cannot add any consequences to a cancelled test. The employer is not allowed to alter an alcohol test result once confirmed by the BAT. Chapter 8. Alcohol Testing Procedures 8-12 August 2002
Summary of Test Results and Subsequent Employer Actions Test Result Verified Result Negative Negative Employer Action No Action Confirmation Test ≥ 0.02, but < 0.04 Not Negative—Not Remove From Safety-Sensitive [ §40.23; §655.48; §655.61] a Rule Violation Duty For 8 Hours Unless a Retest Results in < 0.02; Employer Consequence Under Company’s Independent Authority Confirmation Test ≥ 0.04 [ §40.23; §655.61] Test Refusal [ §40.261; §655.49] Insufficient Volume With Medical Explanation [§40.265] Insufficient Volume With No Medical Explanation [§40.265] Fatal Flaw (Random, Post-Accident, Reasonable Suspicion) [ §40.267] Fatal Flaw (Return-to-Duty, Followup)[§40.273] Consumption of Alcohol While Performing Safety-Sensitive Duties [ §655.32] Consumption of Alcohol Within 4 Hours of Performing Safety-Sensitive Duties [ §655.33(a) ] Consumption of Alcohol While On- Call—Employee Refuses Work [ §655.33(b)] Consumption of Alcohol While On- Call—Employee Reports for Work [ §655.33(b)] Consumption of Alcohol Within 8 Hours Following An Accident Without Previously Undergoing an Alcohol Test [ §655.34] Positive Remove From Safety-Sensitive Duties; Refer to SAP; Employer Consequence Test Refusal—Rule Violation Cancelled No Action Test Refusal—Rule Violation Cancelled No Action Cancelled Retest Rule Violation if Alcohol Level ≥ 0.02 Rule Violation if Alcohol Level ≥ 0.02 Removal From Duty; Refer to SAP; Employer Consequence Removal From Duty; Refer to SAP; Employer Consequences Rule Violation Remove From Safety-Sensitive Duties; Employer Consequence Rule Violation Remove From Safety-Sensitive Duties; Employer Consequences No Rule Violation Employer Consequences for Missed Assignment Remove from Safety-Sensitive Duties; Employer Consequences Removal From Safety- Sensitive Duties; Employer Consequences Chapter 8. Alcohol Testing Procedures 8-13 August 2002
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In addition to stipulating the<br />
consequences of a positive alcohol test<br />
result, employers should clearly specify in<br />
their company plan other employee actions<br />
that are prohibited by the FTA regulation.<br />
Prohibited employee conduct includes the<br />
following:<br />
• Using alcohol while performing<br />
safety-sensitive functions;<br />
• Using alcohol within 4 hours prior to<br />
performing safety-sensitive<br />
functions;<br />
• Performing a safety-sensitive<br />
function with an alcohol<br />
concentration of 0.04 or greater;<br />
• Consuming alcohol while on-call;<br />
and<br />
• Using alcohol within 8 hours<br />
following a covered accident unless<br />
the employee has already taken a<br />
post-accident alcohol test.<br />
Employers must not permit a safetysensitive<br />
employee to perform a safetysensitive<br />
function if that employee has<br />
violated any of these provisions. Employers<br />
should also establish consequences for each<br />
of the prohibited behaviors.<br />
The summary on the following page<br />
provides a quick reference of test results and<br />
subsequent employer actions. For more<br />
explanation, the regulatory text should be<br />
consulted.<br />
If a test is cancelled when a negative test<br />
is required (i.e., return-to-duty, follow-up),<br />
the employer must send the employee back<br />
for another test. The employer cannot add<br />
any consequences to a cancelled test. The<br />
employer is not allowed to alter an alcohol<br />
test result once confirmed by the BAT.<br />
Chapter 8. Alcohol Testing Procedures 8-12 August 2002