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

and effort. Because the services are
provided for all employers, individual
costs to an employer may be less than if
each employer were to provide these
services on its own.
Random Pool Maintenance and
Selection. Beyond cost savings and
expertise comes practicality in
maintaining a random pool and selecting
employees for random tests. This can be
particularly difficult for small systems.
With only one safety-sensitive
employee, it is clear who will be
selected.
The regulations permit consortia to
pool the safety-sensitive employees of
members for the purposes of random
testing. Thus, testing at the required
rates is easier, and there is less
predictability regarding who will be
tested. Larger pools administered by a
third party are also perceived by
employees as being more objective and
impartial, since the selection process is
outside the direct control of the
employer. Therefore, the employee is
less likely to charge abuse or
harassment.
Reduced Liability. Transit
operators are rightly concerned about
testing program liabilities. The FTA
regulations were designed to reduce your
risks if you are in full compliance with
the regulations.
Exposure may relate to either
employer action or technical liability.
Employer action liability corresponds to
the normal risks of all employers in the
course of their business. This would
include such items as discrimination,
sexual harassment, wrongful discharge,
and harassment for referring personnel
for drug or alcohol testing.
Technical liability refers to the
potential exposure of operating a testing
program, including improperly
disclosing test results, improperly
collecting/testing specimens, and
misrepresenting test result consequences.
Although employers cannot legally
contract away their responsibility to
comply with the DOT regulations, a
consortium can distance employers from
the actual operation of the testing
program, thereby limiting an employer’s
exposure to technical liability. For
example, a well-managed consortium
may reduce liability for improper
disclosure of individual test results,
improper collection procedures, and
mishandling confidentiality and security
of testing records.
Confidentiality. Having a
consortium manage parts of a testing
program with its own separate staff may
enhance the impartiality,
professionalism, and confidentiality of
the testing program, thereby reducing
employee apprehension regarding the
inappropriate release of testing
information.
Employers should be diligent in
selecting a consortium and monitoring
performance. Employers should consult
their attorneys for specific information
regarding how to structure and operate a
consortium to decrease liabilities.
Chapter 11. Joining a Consortium 11-4 August 2002