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

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§ 40.187 What does the MRO do with split specimen laboratory results? § 40.189 Where is other information concerning split specimens found in this regulation? Page 3 of 100 Subpart I - Problems in Drug Tests § 40.191 What is a refusal to take a DOT drug test, and what are the consequences? § 40.193 What happens when an employee does not provide a sufficient amount of urine for a drug test? § 40.195 What happens when an individual is unable to provide a sufficient amount of urine for a pre-employment follow-up or return-to-duty test because of a permanent or long-term medical condition? § 40.197 What happens when an employer receives a report of a dilute specimen? § 40.199 What problems always cause a drug test to be cancelled? § 40.201 What problems always cause a drug test to be cancelled and may result in a requirement for another collection? § 40.203 What problems cause a drug test to be cancelled unless they are corrected? § 40.205 How are drug test problems corrected? § 40.207 What is the effect of a cancelled drug test? § 40.208 What problem requires corrective action but does not result in the cancellation of a test? § 40.209 What procedural problems do not result in the cancellation of a test and do not require corrective action? Subpart J - Alcohol Testing Personnel § 40.211 Who conducts DOT alcohol tests? § 40.213 What training requirements must STTs and BATs meet? § 40.215 What information about the DER do employers have to provide to BATs and STTs? § 40.217 Where is other information on the role of STTs and BATs found in this regulation? Subpart K - Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing § 40.221 Where does an alcohol test take place? § 40.223 What steps must be taken to protect the security of alcohol testing sites? § 40.225 What form is used for an alcohol test? § 40.227 May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests? § 40.229 What devices are used to conduct alcohol screening tests? § 40.231 What devices are used to conduct alcohol confirmation tests? § 40.233 What are the requirements for proper use and care of EBTs? § 40.235 What are the requirements for proper use and care of ASDs? Subpart L - Alcohol Screening Tests § 40.241 What are the first steps in any alcohol screening test? § 40.243 What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD? § 40.245 What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD? § 40.247 What procedures does the BAT or STT follow after a screening test result? Subpart M - Alcohol Confirmation Tests § 40.251 What are the first steps in an alcohol confirmation test? § 40.253 What are the procedures for conducting an alcohol confirmation test? § 40.255 What happens next after the alcohol confirmation test result? Subpart N - Problems in Alcohol Testing § 40.261 What is a refusal to take an alcohol test, and what are the consequences? § 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test? § 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test? § 40.267 What problems always cause an alcohol test to be cancelled? § 40.269 What problems cause an alcohol test to be cancelled unless they are corrected? § 40.271 How are alcohol testing problems corrected? § 40.273 What is the effect of a cancelled alcohol test? § 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test? § 40.277 Are alcohol tests other than saliva or breath permitted under these regulations? Subpart O - Substance Abuse Professionals and the Return-to-Duty Process § 40.281 Who is qualified to act as a SAP? § 40.283 How does a certification organization obtain recognition for its members as SAPs? § 40.285 When is a SAP evaluation required?
Page 4 of 100 § 40.287 What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation? § 40.289 Are employers required to provide SAP and treatment services to employees? § 40.291 What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations? § 40.293 What is the SAP's function in conducting the initial evaluation of an employee? § 40.295 May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations? § 40.297 Does anyone have the authority to change a SAP's initial evaluation? § 40.299 What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment? § 40.301 What is the SAP's function in the follow-up evaluation of an employee? § 40.303 What happens if the SAP believes the employee needs additional treatment, aftercare, or support group services even after the employee returns to safety-sensitive duties? § 40.305 How does the return-to-duty process conclude? § 40.307 What is the SAP's function in prescribing the employee's follow-up tests? § 40.309 What are the employer's responsibilities with respect to the SAP's directions for follow-up tests? § 40.311 What are the requirements concerning SAP reports? § 40.313 Where is other information on SAP functions and the return-to-duty process found in this regulation? Subpart P - Confidentiality and Release of Information § 40.321 What is the general confidentiality rule for drug and alcohol test information? § 40.323 May program participants release drug or alcohol test information in connection with legal proceedings? § 40.325 [Reserved] § 40.327 When must the MRO report medical information gathered in the verification process? § 40.329 What information must laboratories, MROs, and other service agents release to employees? § 40.331 To what additional parties must employers and service agents release information? § 40.333 What records must employers keep? Subpart Q - Roles and Responsibilities of Service Agents § 40.341 Must service agents comply with DOT drug and alcohol testing requirements? § 40.343 What tasks may a service agent perform for an employer? § 40.345 In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers? § 40.347 What functions may C/TPAs perform with respect to administering testing? § 40.349 What records may a service agent receive and maintain? § 40.351 What confidentiality requirements apply to service agents? § 40.353 What principles govern the interaction between MROs and other service agents? § 40.355 What limitations apply to the activities of service agents? Subpart R - Public Interest Exclusions § 40.361 What is the purpose of a public interest exclusion (PIE)? § 40.363 On what basis may the Department issue a PIE? § 40.365 What is the Department's policy concerning starting a PIE proceeding? § 40.367 Who initiates a PIE proceeding? § 40.369 What is the discretion of an initiating official in starting a PIE proceeding? § 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding? § 40.373 Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems? § 40.375 How does the initiating official start a PIE proceeding? § 40.377 Who decides whether to issue a PIE? § 40.379 How do you contest the issuance of a PIE? § 40.381 What information do you present to contest the proposed issuance of a PIE? § 40.383 What procedures apply if you contest the issuance of a PIE? § 40.385 Who bears the burden of proof in a PIE proceeding? § 40.387 What matters does the Director decide concerning a proposed PIE? § 40.389 What factors may the Director consider? § 40.391 What is the scope of a PIE? § 40.393 How long does a PIE stay in effect? § 40.395 Can you settle a PIE proceeding?
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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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Opiates (Narcotics) Fact Sheet Opia
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
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
Page 346 and 347: Q: Can a split specimen be sent to
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
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 and 374: 49 CFR Part 40 Updated August 31, 2
Page 375: § 40.89 What is validity testing,
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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
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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
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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 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,
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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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