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

Q. If an employee changed jobs prior to the completion of the SAP recommended followup
testing plan, what testing would be required of the new employer – just a preemployment
test or a continuation of the follow-up test?
A. The new employer would require a pre-employment test and would have to continue the
follow-up testing.
Q. If an employer conducts road tests on applicants prior to hire, do they have to have a
drug test before the road test is given, even though they have not been hired?
A. Yes, operation of a revenue service vehicle is considered a safety-sensitive function even
if the vehicle is not in revenue service.
Q. The rule requires referral to a SAP. If any employer’s policy is to fire all employees
who receive verified positive drug test results or tests for alcohol at 0.04 or above, what
is the purpose of the SAP? Must an employer refer prior to dismissal?
A. Any employee who is covered by FTA’s drug and alcohol regulations and has a verified
positive drug test or alcohol test result of 0.04 or greater must be referred to an SAP. This
does not preclude the employer from applying additional consequences, e.g., immediate
dismissal, to the affected employee. However, it must be clearly understood that the
employer is doing so under its own company policy, and not any federal authority. For the
employee to be able to return-to-duty for another DOT covered employer, the employee must
be able to show that they fulfilled a SAP’s treatment recommendation and met the return-toduty
requirements of 49 CFR Part 40.
Q. Can an employer conduct both a drug test and alcohol test under the return-to-duty
provision?
A. An employer may, based on the recommendations of the SAP, subject an employee who
previously had a verified positive drug test result to a return-to-duty alcohol test. In addition,
an employer may, based on the recommendations of the SAP, subject an employee who
previously had an alcohol test result at or greater than 0.04 to a return-to-duty test for
prohibited drugs.
Q. Can a traffic citation be used as a reason for a post-accident test?
A. No. Traffic citations are not included as part of the post-accident testing criteria established
by FTA.
Q. If an employee is required to submit to follow-up testing for a positive drug test, can he
or she be required to also submit to follow-up testing for alcohol also?
A. If the SAP thinks it is appropriate, then the employer may test for drugs and alcohol on
follow-up.
Appendix G. Questions and Answers G-6 August 2002