Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
ecipient, and someone other than the passenger chooses the provider (i.e. broker, dispatcher) it is covered by the rule as a contractor, as defined by the rule. In such cases, the taxi company may wish to designate only certain drivers to provide such services, in which case only those designated drivers would be subject to the rule. Taxi operators that are independent contractors for a taxi company that is under contract to an FTA recipient. Operators must ensure the compliance of maintenance providers that “stand in the shoes” for the operator. Section 5311, 5307, and 5309 systems, with service populations less than 200,000, are exempt from the maintenance requirement. Q. What is FTA’s definition of an accident? A. FTA has defined “accident” to distinguish among different kinds of mass transit vehicles. The definition states that an accident occurs when a road vehicle (whether a mass transit vehicle or another vehicle, such as a private automobile) suffers disabling damage and is towed away from the scene of the accident. In addition, if other types of vehicles (e.g., rail, vessel) are removed from revenue service as the result of the occurrence, an “accident” is deemed to take place. Q. If a passenger has a heart attack on a transit vehicle and dies, is a post-accident test required? A. No, the fatality was not associated with the operation of the vehicle. Q. How does the FTA determine who is covered by this rule? A. The FTA determined that job function rather than job title was critical to transit safety because each transit system uses its own job classification categories. FTA concluded that five job functions were critical to safety – operating, maintaining, and controlling the movement of a revenue service vehicle, maintaining revenue service equipment, security personnel who carry firearms, and holders of CDLs who operate nonrevenue service vehicles. However, the employer must ultimately determine the job categories that directly impact the safe operation of revenue service vehicles. Q. Are supervisors also covered by this rule? A. Supervisors are included only if they perform one of the five designated safety-sensitive functions. Q. Are volunteers included under this rule? A. No, unless the volunteer receives remuneration in excess of their actual expenses or the volunteer is required to have a CDL to operate the employer’s vehicles. Q. If a transit operator has contract employees that perform safety-sensitive functions, do they have to be tested? Appendix G. Questions and Answers G-2 August 2002
A. Yes, except contract mechanics who perform work for system that serve populations of 200,000 or less, this includes Section 5311, 5307, and 5309 recipients. Q. Transferees are included under pre-employment testing. When do you test a transfer employee? A. When an employee transfers from a non-safety-sensitive position to a safety-sensitive position, he must be tested prior to the first time he performs a safety-sensitive function. Q. Must a supervisor use personal observations as a determinant for a reasonable suspicion referral? A. Yes, the supervisor’s determination must be made based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odor of the employee. All these determinants are short-term indicators of prohibited drug use or alcohol misuse. Hence, long-term indicators such as absenteeism may not be used as a basis for a reasonable suspicion determination. Hearsay or observations made by others may not be a determinate unless verified by the supervisor’s direct personal observations. Q. After an accident, what is the employer’s immediate responsibility under the rule? A. After a fatal accident, the employer must test the safety-sensitive employee (operator) on duty in the vehicle at the time of the accident. Then the employer must determine whether to test other safety-sensitive employees who may have contributed to the accident. After a nonfatal accident, the employer must determine whether to test safety-sensitive employees on duty in the vehicle at the time of the accident or who may have contributed to the accident. In both fatal and nonfatal accidents, the employer must test the employee as soon as possible, following an accident, but no later than 8 hours for alcohol and 32 hours for drugs. Q. Can an employee leave the scene of an accident before taking a drug or alcohol test? A. An employee may leave the scene of an accident, without being tested, as long as he remains readily available for testing. That means that the supervisor must know the whereabouts of the employee until he is tested and that the employee is available to be tested immediately after being notified by the employer (within 32 hours of the accident for drug testing and/or 8 hours for alcohol testing). Q. Does the rule apply to Indian tribal governments? A. Yes. As a general matter, statutes apply to Indian nations or tribes unless: (1) the law touches exclusive rights of self-governance in purely intramural matters; (2) the application of the law would abrogate rights guaranteed by Indian treaties; or (3) there is proof by legislative history or some other means that Congress intended the law not to apply to Indians on their reservations. In this regard, there is no legislative history indicating congressional intent not to apply the act to Indian tribes. FTA concludes that the act would preempt Indian law. Appendix G. Questions and Answers G-3 August 2002
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- Page 332 and 333: Q. Can transit operators receive wa
- Page 334 and 335: Q. If an employee changed jobs prio
- Page 336 and 337: Q. How much training are employers
- Page 338 and 339: acceptable for the company-required
- Page 340 and 341: Q. In a post-accident situation req
- Page 342 and 343: employees and 50 non-DOT employees,
- Page 344 and 345: Q: What actual address is required
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- Page 348 and 349: actual employee of the employer may
- Page 350 and 351: Q: Must collectors, BATs, STTs, MRO
- Page 352 and 353: an observer, or a monitor for co-wo
- Page 354 and 355: Q: If a collector makes an error on
- Page 356 and 357: Appendix H Terms and Definitions
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- Page 364 and 365: Medical Review Officer (MRO) A pers
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- Page 370 and 371: trolley bus, or vessel. A “mass t
- Page 373 and 374: 49 CFR Part 40 Updated August 31, 2
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ecipient, and someone other than the passenger chooses the provider (i.e. broker, dispatcher)<br />
it is covered by the rule as a contractor, as defined by the rule. In such cases, the taxi<br />
company may wish to designate only certain drivers to provide such services, in which case<br />
only those designated drivers would be subject to the rule. Taxi operators that are<br />
independent contractors for a taxi company that is under contract to an FTA recipient.<br />
Operators must ensure the compliance of maintenance providers that “stand in the shoes” for<br />
the operator. Section 5311, 5307, and 5309 systems, with service populations less than<br />
200,000, are exempt from the maintenance requirement.<br />
Q. What is FTA’s definition of an accident?<br />
A. FTA has defined “accident” to distinguish among different kinds of mass transit vehicles.<br />
The definition states that an accident occurs when a road vehicle (whether a mass transit<br />
vehicle or another vehicle, such as a private automobile) suffers disabling damage and is<br />
towed away from the scene of the accident. In addition, if other types of vehicles (e.g., rail,<br />
vessel) are removed from revenue service as the result of the occurrence, an “accident” is<br />
deemed to take place.<br />
Q. If a passenger has a heart attack on a transit vehicle and dies, is a post-accident test<br />
required?<br />
A. No, the fatality was not associated with the operation of the vehicle.<br />
Q. How does the FTA determine who is covered by this rule?<br />
A. The FTA determined that job function rather than job title was critical to transit safety<br />
because each transit system uses its own job classification categories. FTA concluded that<br />
five job functions were critical to safety – operating, maintaining, and controlling the<br />
movement of a revenue service vehicle, maintaining revenue service equipment, security<br />
personnel who carry firearms, and holders of CDLs who operate nonrevenue service<br />
vehicles. However, the employer must ultimately determine the job categories that directly<br />
impact the safe operation of revenue service vehicles.<br />
Q. Are supervisors also covered by this rule?<br />
A. Supervisors are included only if they perform one of the five designated safety-sensitive<br />
functions.<br />
Q. Are volunteers included under this rule?<br />
A. No, unless the volunteer receives remuneration in excess of their actual expenses or the<br />
volunteer is required to have a CDL to operate the employer’s vehicles.<br />
Q. If a transit operator has contract employees that perform safety-sensitive functions, do<br />
they have to be tested?<br />
Appendix G. Questions and Answers G-2 August 2002
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