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

transit industry. The rate is calculated and implemented industry-wide, and not on the basis
of any individual employer’s rate.
TESTING PROCEDURES
Q. If an applicant tests positive, do I have to refer him/her to a SAP?
A. Yes, You must provide the applicant with a list of SAPs. Once the list is provided, you have
fulfilled your obligation.
Q. If the employee receives a verified positive drug test result or a breath alcohol test
result of 0.04 or greater, is the employee subject to referral to a SAP and/or
rehabilitation?
A. Yes, he or she must be referred to the SAP. If the employer has a “second chance” policy,
the employee must complete the return-to-duty process, including SAP recommended
education or treatment prior to being reassigned to safety-sensitive duty. Payment for the
education/treatment is a local policy decision.
Q. Will it be possible for an agency to belong to one consortium for alcohol testing and a
second consortium for drug testing?
A. Yes. This decision remains with the transit operator. It may be based on any negotiated
labor-management agreement, and the operator’s budgetary conditions.
Q. Is an employer required to keep an SAP on retainer or can the employer refer an
employee to a list of SAPs, but have no formal connection with the SAPs?
A. The relationship an employer has with the SAP is left up to the employer. Evaluation and
rehabilitation may be provided by the employer, (e.g., an EAP program), by an SAP under
contract with the employer, or by a SAP not affiliated with the employer. The only
requirement is that the SAPs listed met the minimum requirements specified in the
regulations. The choice and assignment of costs will be determined by labor/management
agreements and the company’s policies.
Q. The rule mandates a minimum of six (6) follow-up tests in the first 12 months following
an employee’s return to duty. Can these follow-up tests be counted toward the number
needed for random testing?
A. No, follow-up testing cannot be counted toward the number needed for random testing.
Q. The rule specifies a minimum of six (6) follow-up tests in 12 months after an employee
returns to duty. Are employees who return to duty also returned to the general random
testing pool?
A. Yes. The employee is returned to the random pool upon returning to duty.
Appendix G. Questions and Answers G-5 August 2002