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

Chapter 9. SUBSTANCE ABUSE
PROFESSIONALS,
REHABILITATION, AND
TREATMENT
The FTA regulations require that any
individual who has a positive drug test, a
breath alcohol concentration of 0.04 or
greater, or refused a test, must immediately
be removed from his/her safety-sensitive
position [§655.61]. In addition, he/she must
be advised of the resources available to
evaluate and resolve problems associated
with drug abuse or alcohol misuse, including
the names, addresses, and telephone
numbers of substance abuse professionals
(SAP) and counseling and treatment
programs. Employers must provide these
services to their employees even if their
policy is to terminate employees who violate
the drug and alcohol regulations.
If you allow employees to return to duty
following a positive test result or test
refusal, the individual cannot be allowed to
return to a safety-sensitive position until
he/she has completed the SAP evaluation,
referral, education/treatment, and
Chapter 9. Substance Abuse
Professionals, Rehabilitation, and
Treatment
return-to-duty process. The SAP is the
“gatekeeper” of the return-to-duty process
and is responsible for protecting public
safety to the greatest extent possible by
professionally evaluating the employee and
recommending appropriate
education/treatment, follow-up tests, and
aftercare in the event the employee returns
to performing safety-sensitive functions.
Previously, the regulations that covered
the SAP functions were defined in the
various modal administration (e.g., FTA)
drug and alcohol testing regulations.
However, with the publication of the revised
DOT regulations on drug and alcohol testing
procedures (49 CFR Part 40), the SAP
qualifications, roles, responsibilities, and
procedures were relocated in Subpart O of
Part 40.
9-1 August 2002