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TITLE 49: TRANSPORTATION PART 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS (Updated as of August 31, 2009) Reprinted by the Department of Transportation, Drug and Alcohol Policy and Compliance Office, 1200 New Jersey Avenue, SE, Washington, DC 20590 (202) 366-3784 Subpart A - Administrative Provisions § 40.1 Who does this regulation cover? § 40.3 What do the terms used in this regulation mean? § 40.5 Who issues authoritative interpretations of this regulation? § 40.7 How can you get an exemption from a requirement in this regulation? Page 1 of 100 Subpart B - Employer Responsibilities § 40.11 What are the general responsibilities of employers under this regulation? § 40.13 How do DOT drug and alcohol tests relate to non-DOT tests? § 40.15 May an employer use a service agent to meet DOT drug and alcohol testing requirements? § 40.17 Is an employer responsible for obtaining information from its service agents? § 40.19 [Reserved] § 40.21 May an employer stand down an employee before the MRO has completed the verification process? § 40.23 What actions do employers take after receiving verified test results? § 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties? § 40.26 What form must an employer use to report Management Information System (MIS) data to a DOT agency? § 40.27 May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program? § 40.29 Where is other information on employer responsibilities found in this regulation? Subpart C - Urine Collection Personnel § 40.31 Who may collect urine specimens for DOT drug testing? § 40.33 What training requirements must a collector meet? § 40.35 What information about the DER must employers provide to collectors? § 40.37 Where is other information on the role of collectors found in this regulation? Subpart D - Collection Sites, Forms, Equipment and Supplies Used in DOT Urine Collections § 40.41 Where does a urine collection for a DOT drug test take place? § 40.43 What steps must operators of collection sites take to protect the security and integrity of urine collections? § 40.45 What form is used to document a DOT urine collection? § 40.47 May employers use the CCF for non-<strong>Federal</strong> collections or non-<strong>Federal</strong> forms for DOT collections? § 40.49 What materials are used to collect urine specimens? § 40.51 What materials are used to send urine specimens to the laboratory? Subpart E - Urine Specimen Collections § 40.61 What are the preliminary steps in the collection process? § 40.63 What steps does the collector take in the collection process before the employee provides a urine specimen? § 40.65 What does the collector check for when the employee presents a specimen? § 40.67 When and how is a directly observed collection conducted? § 40.69 How is a monitored collection conducted? § 40.71 How does the collector prepare the specimens? § 40.73 How is the collection process completed? Subpart F - Drug Testing Laboratories § 40.81 What laboratories may be used for DOT drug testing? § 40.83 How do laboratories process incoming specimens? § 40.85 What drugs do laboratories test for? § 40.87 What are the cutoff concentrations for initial and confirmation tests?
§ 40.89 What is validity testing, and are laboratories required to conduct it? § 40.91 What validity tests must laboratories conduct on primary specimens? § 40.93 What criteria do laboratories use to establish that a specimen is dilute or substituted? § 40.95 What are the adulterant cutoff concentrations for initial and confirmation tests? § 40.96 What criteria do laboratories use to establish that a specimen is invalid? § 40.97 What do laboratories report and how do they report it? § 40.99 How long does the laboratory retain specimens after testing? § 40.101 What relationship may a laboratory have with an MRO? § 40.103 What are the requirements for submitting blind specimens to a laboratory? § 40.105 What happens if the laboratory reports a result different from that expected for a blind specimen? § 40.107 Who may inspect laboratories? § 40.109 What documentation must the laboratory keep, and for how long? § 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains? § 40.113 Where is other information concerning laboratories found in this regulation? Page 2 of 100 Subpart G - Medical Review Officers and the Verification Process § 40.121 Who is qualified to act as an MRO? § 40.123 What are the MRO's responsibilities in the DOT drug testing program? § 40.125 What relationship may an MRO have with a laboratory? § 40.127 What are the MRO's functions in reviewing negative test results? § 40.129 What are the MRO's functions in reviewing laboratory confirmed non-negative drug test results? § 40.131 How does the MRO or DER notify an employee of the verification process after receiving laboratory confirmed non-negative drug test results? § 40.133 Without interviewing the employee, under what circumstances may the MRO verify a test result as positive, or as a refusal to test because of adulteration or substitution, or as cancelled because the test was invalid? § 40.135 What does the MRO tell the employee at the beginning of the verification interview? § 40.137 On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, or PCP? § 40.139 On what basis does the MRO verify test results involving opiates? § 40.141 How does the MRO obtain information for the verification decision? § 40.143 [Reserved] § 40.145 On what basis does the MRO verify test results involving adulteration or substitution? § 40.147 [Reserved] § 40.149 May the MRO change a verified drug test result? § 40.151 What are MROs prohibited from doing as part of the verification process? § 40.153 How does the MRO notify employees of their right to a test of the split specimen? § 40.155 What does the MRO do when a negative or positive test result is also dilute? § 40.157 [Reserved] § 40.159 What does the MRO do when a drug test result is invalid? § 40.160 What does the MRO do when a valid result cannot be produced and a negative result is required? § 40.161 What does the MRO do when a drug test specimen is rejected for testing? § 40.162 What must MROs do with multiple verified results for the same testing event? § 40.163 How does the MRO report drug test results? § 40.165 To whom does the MRO transmit reports of drug test results? § 40.167 How are MRO reports of drug results transmitted to the employer? § 40.169 Where is other information concerning the role of MROs and the verification process found in this regulation? Subpart H - Split Specimen Tests § 40.171 How does an employee request a test of a split specimen? § 40.173 Who is responsible for paying for the test of a split specimen? § 40.175 What steps does the first laboratory take with a split specimen? § 40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite? § 40.179 What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result? § 40.181 What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result? § 40.183 What information do laboratories report to MROs regarding split specimen results? § 40.185 Through what methods and to whom must a laboratory report split specimen results?
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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
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Collection Site Checklist (cont.) (
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12. You may now wash your hands and
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Privacy Act Statement: (For Federal
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than an EBT, that is approved by th
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Breath Alcohol Technician (§40.213
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availability and the need for backu
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At the conclusion of the screen tes
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sufficient amount of breath. A medi
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In addition to stipulating the cons
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Sample Documentation Chapter 8. Alc
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[Federal Register: May 4, 2001 (Vol
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The Conforming Products List is the
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Highway Safety Programs; Model Spec
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45420 Federal Register / Vol. 65, N
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U.S. Department of Transportation (
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Section 1. SAP QUALIFICATIONS A sub
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Education/Treatment Program Referra
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Employers are not required to follo
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SAP, many employers have looked to
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10 weeks, with most sessions schedu
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_____________________________ _____
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FOLLOW-UP TESTING PROCESS SAP Input
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Alcohol Test Results
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when the applicant was assigned saf
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may arrange to have the consortium
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• Employers and service agents sh
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The list of randomly selected trans
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A. At a Nonprofit Agency or Indepen
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Reporting Period: Laboratory Name a
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Record Retention Checklists (page 2
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Retains CCF1 Split Lab - CCF1 Labor
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CCF1 Split Lab Retains - CCF1 Labor
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U.S. DEPARTMENT OF TRANSPORTATION D
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Chapter 11. CONSORTIA AND THIRD PAR
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Greater Expertise. The FTA and DOT
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Section 2. CONSIDERATIONS IN ESTABL
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esults (≥0.02) between the BAT an
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consideration. Thus, the more diver
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Section 5. IS A CONSORTIUM RIGHT FO
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• Procurement of testing services
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• Consider which consortium model
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Exhibit 11-1 Role of State DOTs in
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Exhibit 11-3 CONSORTIA RESPONSIBILI
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Chapter 12. PROGRAM MONITORING As a
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• 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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Page 326 and 327: Phencyclidine (PCP) Fact Sheet Phen
Page 328 and 329: Appendix G Questions and Answers
Page 330 and 331: ecipient, and someone other than th
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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
Page 346 and 347: Q: Can a split specimen be sent to
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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
Page 358 and 359: indirectly, one controls or has the
Page 360 and 361: Confirmation validity test Confirme
Page 362 and 363: These terms include any designee of
Page 364 and 365: Medical Review Officer (MRO) A pers
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Page 373: 49 CFR Part 40 Updated August 31, 2
Page 377 and 378: Page 4 of 100 § 40.287 What inform
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Page 389 and 390: Page 16 of 100 (1) To avoid distrac
Page 391 and 392: Page 18 of 100 (f) Direct the emplo
Page 393 and 394: Page 20 of 100 (g) As the collector
Page 395 and 396: Page 22 of 100 participate in the D
Page 397 and 398: Page 24 of 100 (b) You must determi
Page 399 and 400: Page 26 of 100 (d) If you have not
Page 401 and 402: Page 28 of 100 December 31 of the p
Page 403 and 404: Page 30 of 100 (a) Review Copy 2 of
Page 405 and 406: Page 32 of 100 (1) As the DER, you
Page 407 and 408: Page 34 of 100 (i) Recent needle tr
Page 409 and 410: Page 36 of 100 (2) If you receive i
Page 411 and 412: Page 38 of 100 (iii) If a negative
Page 413 and 414: Page 40 of 100 (6) Result of the te
Page 415 and 416: Page 42 of 100 (d) When you receive
Page 417 and 418: Page 44 of 100 (1) Report that the
Page 419 and 420: Page 46 of 100 (2) There is not an
Page 421 and 422: Page 48 of 100 (c) The laboratory r
Page 423 and 424: 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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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,
Page 655 and 656:
SALIVA TEST TECHNICIAN QUESTIONNAIR
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MEDICAL REVIEW OFFICER (MRO) QUESTI
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What action would you take if the s
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• • • As the SAP, can you sub
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Do you assist your members in any w
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