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

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_____________________________ ________________________ Employee Signature Date _____________________________ Print Name _____________________________ ________________________ Agency Representative Signature Date _____________________________ Print Name SUBSTANCE ABUSE PROFESSIONAL REFERRAL I acknowledge that I have received a referral to a Substance Abuse Professional as required by FTA regulations and as adopted by this agency in ____________________________________ (Name of System) ________________________ Substance Abuse Policy dated____________________________ The cost of this service will be paid by:____________________________________________ Substance Abuse Professional referral: Name _______________________________ Address ______________________________ City/State _____________________________ Phone ________________________________ Alternate Substance Abuse Professional referral: Name _________________________________ Address _______________________________ City/State ______________________________ Phone _________________________________ I have received a copy of this referral: Chapter 9. Substance Abuse Professionals, Rehabilitation, and Treatment 9-13 August 2002
RETURN TO DUTY TESTING PROCESS Alcohol Test Process < 0.02 >= 0.02 Employer Determines if Employee Returns To Duty Return Employee to SS Duties Employer/ Employee Return To Duty Contract SAP Monitoring Alcohol Chapter 9. Substance Abuse Professionals, Rehabilitation, and Treatment 2nd Positive? Employer Discipline/ Discharge SAP Referral Successful Treatment Employer Schedules Return To Duty Test Collection Site And/Or Positive Test SAP Assessment Education/ Treatment Recommended Education/Treatment Program - Treatment Tests SAP Reviews Whether Employee Successfully Completed Recommendations for Action Drugs 2nd Positive? Employer Discipline/ Discharge SAP Referral Drug Test Process Verified Positive Verified Negative Employer Determines if Employee Returns To Duty Return Employee to SS Duties Employer/ Employee Return To Duty Contract Unsuccessful Incomplete Treatment Employee Not Permitted to Return to SS Duties Employer Disciplines Employee Discharge? 9-14 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
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Do not assume that your contractors
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PRE-EMPLOYMENT DRUG TESTING NOTIFIC
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Sample Program Notification Letter
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authorized by the employer to make
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The 60 minutes of awareness trainin
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medications which could result in p
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employees who have problems with pr
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particular alcohol testing device t
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emain current with the regulations
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− Changes in Rules, Guidance and
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Exhibit 5-1 Summary of Education an
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Exhibit 5-3 Typical Agenda for Supe
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Exhibit 5-4 REASONABLE SUSPICION TR
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Chapter 6. TYPES OF TESTING Six typ
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Previous DOT Employer Record Check
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the “insufficient volume” proce
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for employees what is meant by on-d
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Nonfatal accidents involving a bus,
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Testing for drugs and alcohol follo
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iases in the process. To be conside
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1. Determine how frequently random
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In many small transit systems, ever
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Before making the return-to-duty re
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up testing program. The SAP must do
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Employee Discharged BAC >= 0.04 Con
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Employee Discharged Split Specimen
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Sample Documentation Chapter 6. Typ
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1) Accident Report Number: 2) Locat
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Chapter 7. DRUG TESTING PROCEDURES
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Recommendation Multiple Collection
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spouse, relative) or a close person
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The DOT requires the new version of
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9. The collector must direct the em
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evening contact telephone numbers i
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temperature range (90.0 to 100.0 F)
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publishes its final rule establishi
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for the preceding 6 months ending o
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Chapter 7. Drug Testing Procedures
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• The MRO will verify the test re
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The MRO may change a verified test
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direct the DER to have the employee
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employee for a retest under direct
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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
Page 168 and 169: availability and the need for backu
Page 170 and 171: At the conclusion of the screen tes
Page 172 and 173: sufficient amount of breath. A medi
Page 174 and 175: In addition to stipulating the cons
Page 176 and 177: Sample Documentation Chapter 8. Alc
Page 178 and 179: [Federal Register: May 4, 2001 (Vol
Page 180 and 181: The Conforming Products List is the
Page 182 and 183: Highway Safety Programs; Model Spec
Page 184 and 185: 45420 Federal Register / Vol. 65, N
Page 186 and 187: 45422 Federal Register / Vol. 65, N
Page 188: U.S. Department of Transportation (
Page 194 and 195: Section 1. SAP QUALIFICATIONS A sub
Page 196 and 197: Education/Treatment Program Referra
Page 198 and 199: Employers are not required to follo
Page 200 and 201: SAP, many employers have looked to
Page 202 and 203: 10 weeks, with most sessions schedu
Page 206 and 207: FOLLOW-UP TESTING PROCESS SAP Input
Page 208 and 209: Alcohol Test Results
Page 210 and 211: when the applicant was assigned saf
Page 212 and 213: may arrange to have the consortium
Page 214 and 215: • Employers and service agents sh
Page 216 and 217: The list of randomly selected trans
Page 218 and 219: A. At a Nonprofit Agency or Indepen
Page 220 and 221: Reporting Period: Laboratory Name a
Page 222 and 223: Record Retention Checklists (page 2
Page 224 and 225: Retains CCF1 Split Lab - CCF1 Labor
Page 226 and 227: CCF1 Split Lab Retains - CCF1 Labor
Page 228 and 229: U.S. DEPARTMENT OF TRANSPORTATION D
Page 230 and 231: Chapter 11. CONSORTIA AND THIRD PAR
Page 232 and 233: Greater Expertise. The FTA and DOT
Page 234 and 235: Section 2. CONSIDERATIONS IN ESTABL
Page 236 and 237: esults (≥0.02) between the BAT an
Page 238 and 239: consideration. Thus, the more diver
Page 240 and 241: Section 5. IS A CONSORTIUM RIGHT FO
Page 242 and 243: • Procurement of testing services
Page 244 and 245: • Consider which consortium model
Page 246 and 247: Exhibit 11-1 Role of State DOTs in
Page 248 and 249: Exhibit 11-3 CONSORTIA RESPONSIBILI
Page 250 and 251: Chapter 12. PROGRAM MONITORING As a
Page 252 and 253: • 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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43946 Federal Register / Vol. 68, N
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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
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Does the BAT notify the employer’
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Does the SAP evaluate whether a saf
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ADMINISTRATIVE REQUIREMENTS If a pr
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Are procedures in place to have emp
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hours following the accident, the e
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Are random numbers substituted only
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Are employees that are subject to f
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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
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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
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Has the employer met the minimum an
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Do the records indicate that any dr
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Does the employer utilize the stand
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If tests are cancelled because of a
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If you conducted the initial test,
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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
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• • • As the SAP, can you sub
Page 663:
Do you assist your members in any w
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