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

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Page 1 and 2: October 2009 Implementation Guideli

Page 3 and 4: Notice This document is disseminate

Page 5 and 6: METRIC/ENGLISH CONVERSION FACTORS E

Page 7 and 8: Table of Contents Chapter 1. INTROD

Page 9 and 10: Table of Contents (continued) Secti

Page 11 and 12: Chapter 1. INTRODUCTION Section 1.

Page 13 and 14: Transit employers may go beyond the

Page 15 and 16: Recommendation: Know the Regulation

Page 17 and 18: Sample Documentation Chapter 1. Int

Page 19 and 20: DHHS-Certified Laboratories, Center

Page 21 and 22: FTA Drug and Alcohol Management Inf

Page 23 and 24: Research And Special Programs Admin

Page 25 and 26: employment in safety-sensitive posi

Page 27 and 28: What happens in these cases? The pu

Page 29 and 30: Section 3. SAFETY-SENSITIVE • Ope

Page 31 and 32: performing the volunteer service ar

Page 33 and 34: Safety-sensitive Examples of Nation

Page 35 and 36: • A description of the consequenc

Page 37 and 38: projects, the employer should notif

Page 39 and 40: Sample Documentation Chapter 2. Reg

Page 41 and 42: Certification of Compliance for FTA

Page 43 and 44: 4. Atlanta Federal Center Suite 17T

Page 45 and 46: 1. Liability of Service Agents Yasu

Page 47 and 48: plaintiffs agreed that their positi

Page 49 and 50: FTA and FMCSA Regulatory Comparison

Page 51 and 52: FTA and FMCSA Regulatory Comparison

Page 53 and 54: process ensures that all critical c

Page 55 and 56: Chapter 3. Program Formulation 3-4

Page 57 and 58: Chapter 4. POLICY DEVELOPMENT AND C

Page 59 and 60: concentration of 0.04 or greater th

Page 61 and 62: has a confirmed alcohol concentrati

Page 63 and 64: MRO before the employer is notified

Page 65 and 66: policy with the requirement to form

Page 67 and 68: Do not assume that your contractors

Page 69 and 70: PRE-EMPLOYMENT DRUG TESTING NOTIFIC

Page 71 and 72: Sample Program Notification Letter

Page 73 and 74: authorized by the employer to make

Page 75 and 76: The 60 minutes of awareness trainin

Page 77 and 78: medications which could result in p

Page 79 and 80: employees who have problems with pr

Page 81 and 82: particular alcohol testing device t

Page 83 and 84: emain current with the regulations

Page 85 and 86: − Changes in Rules, Guidance and

Page 87 and 88: Exhibit 5-1 Summary of Education an

Page 89 and 90: Exhibit 5-3 Typical Agenda for Supe

Page 91 and 92: Exhibit 5-4 REASONABLE SUSPICION TR

Page 93 and 94: Chapter 6. TYPES OF TESTING Six typ

Page 95 and 96: Previous DOT Employer Record Check

Page 97 and 98: the “insufficient volume” proce

Page 99 and 100: for employees what is meant by on-d

Page 101 and 102: Nonfatal accidents involving a bus,

Page 103 and 104: Testing for drugs and alcohol follo

Page 105 and 106: iases in the process. To be conside

Page 107 and 108: 1. Determine how frequently random

Page 109 and 110: In many small transit systems, ever

Page 111 and 112: Before making the return-to-duty re

Page 113 and 114: up testing program. The SAP must do

Page 115 and 116: Employee Discharged BAC >= 0.04 Con

Page 117 and 118: Employee Discharged Split Specimen

Page 119 and 120: Sample Documentation Chapter 6. Typ

Page 121 and 122: 1) Accident Report Number: 2) Locat

Page 123 and 124: Chapter 7. DRUG TESTING PROCEDURES

Page 125 and 126: Recommendation Multiple Collection

Page 127 and 128: spouse, relative) or a close person

Page 129 and 130: The DOT requires the new version of

Page 131 and 132: 9. The collector must direct the em

Page 133 and 134: evening contact telephone numbers i

Page 135 and 136: temperature range (90.0 to 100.0 F)

Page 137 and 138: publishes its final rule establishi

Page 139 and 140: for the preceding 6 months ending o

Page 141 and 142: Chapter 7. Drug Testing Procedures

Page 143 and 144: • The MRO will verify the test re

Page 145 and 146: The MRO may change a verified test

Page 147 and 148: direct the DER to have the employee

Page 149 and 150: employee for a retest under direct

Page 151 and 152: Sample Documentation Chapter 7. Dru

Page 153 and 154: Collection Site Checklist (cont.) (

Page 155 and 156: 12. You may now wash your hands and

Page 162 and 163: Privacy Act Statement: (For Federal

Page 164 and 165: than an EBT, that is approved by th

Page 166 and 167: Breath Alcohol Technician (§40.213

Page 168 and 169: availability and the need for backu

Page 170 and 171: At the conclusion of the screen tes

Page 172 and 173: sufficient amount of breath. A medi

Page 174 and 175: In addition to stipulating the cons

Page 176 and 177: Sample Documentation Chapter 8. Alc

Page 178 and 179: [Federal Register: May 4, 2001 (Vol

Page 180 and 181: The Conforming Products List is the

Page 182 and 183: Highway Safety Programs; Model Spec

Page 184 and 185: 45420 Federal Register / Vol. 65, N


Page 188: U.S. Department of Transportation (

Page 194 and 195: Section 1. SAP QUALIFICATIONS A sub

Page 196 and 197: Education/Treatment Program Referra

Page 198 and 199: Employers are not required to follo

Page 200 and 201: SAP, many employers have looked to

Page 202 and 203: 10 weeks, with most sessions schedu

Page 204 and 205: _____________________________ _____

Page 206 and 207: FOLLOW-UP TESTING PROCESS SAP Input

Page 208 and 209: Alcohol Test Results

Page 210 and 211: when the applicant was assigned saf

Page 212 and 213: may arrange to have the consortium

Page 214 and 215: • Employers and service agents sh

Page 216 and 217: The list of randomly selected trans

Page 218 and 219: A. At a Nonprofit Agency or Indepen

Page 220 and 221: Reporting Period: Laboratory Name a

Page 222 and 223: Record Retention Checklists (page 2

Page 224 and 225: Retains CCF1 Split Lab - CCF1 Labor

Page 226 and 227: CCF1 Split Lab Retains - CCF1 Labor

Page 228 and 229: U.S. DEPARTMENT OF TRANSPORTATION D

Page 230 and 231: Chapter 11. CONSORTIA AND THIRD PAR

Page 232 and 233: Greater Expertise. The FTA and DOT

Page 234 and 235: Section 2. CONSIDERATIONS IN ESTABL

Page 236 and 237: esults (≥0.02) between the BAT an

Page 238 and 239: consideration. Thus, the more diver

Page 240 and 241: Section 5. IS A CONSORTIUM RIGHT FO

Page 242 and 243: • Procurement of testing services

Page 244 and 245: • Consider which consortium model

Page 246 and 247: Exhibit 11-1 Role of State DOTs in

Page 248 and 249: Exhibit 11-3 CONSORTIA RESPONSIBILI

Page 250 and 251: Chapter 12. PROGRAM MONITORING As a

Page 252 and 253: • Conduct periodic review of serv

Page 254 and 255: compliance. You are encouraged to c

Page 256 and 257: Chapter 13. THE DRUG-FREE WORKPLACE

Page 258 and 259: Violations of the act may result in

Page 260 and 261: Exhibit 13-1 DRUG-FREE WORKPLACE AC

Page 262 and 263: Chapter 14. SUBSTANCE ABUSE MANAGEM

Page 264 and 265: Notification of audit Requested mat

Page 266 and 267: them to move throughout the facilit

Page 268 and 269: above materials. ⎯⎯Procedures t

Page 270 and 271: DAY 3 Time Activity Team Address of

Page 272 and 273: Date of Collection Jan-01 Nov-00 Se

Page 274 and 275: Time of the Test Time of the Test 8

Page 276 and 277: Each auditor will discuss the porti

Page 278 and 279: Sample Re-audit Agenda DAY 1 Time A

Page 280 and 281: Index of Appendices Appendix A. Acr

Page 282 and 283: AA Alcoholics Anonymous Appendix A.

Page 284 and 285: RFP Request for Proposal RIA Radio

Page 286 and 287: Newsletters Appendix B. Additional

Page 288 and 289: U.S. Department of Labor. What Work

Page 290 and 291: Other Government Web sites Drug and

Page 292 and 293: Appendix C Americans with Disabilit

Page 294 and 295: sensitive duties for the illegal us

Page 296 and 297: If the individual is qualified and

Page 298 and 299: allegation of discrimination under

Page 300 and 301: Appendix D. Certified Laboratories

Page 302 and 303: DrugProof, Divison of Dynacare 543

Page 304 and 305: One Source Toxicology Laboratory, I

Page 306 and 307: The following laboratories are volu

Page 308 and 309: Federal Register / Vol. 65, No. 141



Page 314 and 315: Appendix F. Fact Sheets Drug Detect

Page 316 and 317: Social Issues • Two-thirds of all

Page 318 and 319: • The euphoric stimulation increa

Page 320 and 321: • Paranoia • Profuse sweating a

Page 322 and 323: connection between marijuana smokin

Page 324 and 325: 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

Page 366 and 367: Random test Reason to believe Reaso

Page 368 and 369: Safety-sensitive function Any of th

Page 370 and 371: trolley bus, or vessel. A “mass t

Page 373 and 374: 49 CFR Part 40 Updated August 31, 2

Page 375 and 376: § 40.89 What is validity testing,

Page 377 and 378: Page 4 of 100 § 40.287 What inform

Page 379 and 380: Page 6 of 100 Subpart A - Administr

Page 381 and 382: Page 8 of 100 Medical Review Office

Page 383 and 384: Page 10 of 100 § 40.17 Is an emplo

Page 385 and 386: Page 12 of 100 (b) You must request

Page 387 and 388: Page 14 of 100 (4) The collector's

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

Page 425 and 426: Page 52 of 100 partially meets thes

Page 427 and 428: Page 54 of 100 (c) As the user of t

Page 429 and 430: Page 56 of 100 (vi) You must then d

Page 431 and 432: Page 58 of 100 (i) You may transmit

Page 433 and 434: Page 60 of 100 (b) In the case of a

Page 435 and 436: Page 62 of 100 (iii) Key DOT drug t

Page 437 and 438: Page 64 of 100 § 40.295 May employ

Page 439 and 440: Page 66 of 100 (e) The requirements

Page 441 and 442: Page 68 of 100 accident drug test r

Page 443 and 444: Page 70 of 100 § 40.343 What tasks

Page 445 and 446: Page 72 of 100 and follow-up testin

Page 447 and 448: Page 74 of 100 (b) In exercising th

Page 449 and 450: Page 76 of 100 resubmit the matter

Page 451 and 452: Page 78 of 100 § 40.397 When does

Page 453 and 454: Appendix A to Part 40 - DOT Standar

Page 455 and 456: Appendix C to Part 40-DOT Drug Test

Page 457 and 458: Page 84 of 100 Appendix E to Part 4

Page 459 and 460: Appendix G to Part 40—Alcohol Tes

Page 461: Page 88 of 100

Page 465 and 466: I. Employer: Company Name: Page 92

Page 467 and 468: Page 94 of 100 The following form a

Page 469 and 470: Section III. Drug Testing Data Page

Page 471 and 472: Page 98 of 100 TIP ~ Even though so

Page 473 and 474: Page 100 of 100 Finally, additional

















Page 507 and 508: 49 CFR Part 655

Page 509 and 510: 2 Electronic access to this rule an

Page 511 and 512: duty and follow-up testing under sp

Page 513 and 514: When the drug and alcohol rules ini

Page 515 and 516: the consequences for prohibited dru

Page 517 and 518: Labor unions: 3 Trade associations:

Page 519 and 520: FTA Response. FTA opts not to inclu

Page 521 and 522: Since each employer uses its own te

Page 523 and 524: Most of the commenters to this sect

Page 525 and 526: themselves that employees can succe

Page 527 and 528: Several commenters responding to th

Page 529 and 530: service providers and the employer.

Page 531 and 532: esponsibility of FTA transit funds

Page 533 and 534: 26 Federalism assessment. However,

Page 535 and 536: Part 655 - Prevention of Alcohol Mi

Page 537 and 538: 655.52 Substance abuse professional

Page 539 and 540: (b) This part must be read in conju

Page 541 and 542: (2) The volunteer performs a safety

Page 543 and 544: Refuse to submit means any circumst

Page 545 and 546: An employer must have an anti-drug

Page 547 and 548: part. (c) Specific information conc

Page 549 and 550: (5) Phencyclidine. (c) Consumption

Page 551 and 552: concentration less than 0.04. This

Page 553 and 554: §655.43 Reasonable suspicion testi

Page 555 and 556: 48 the reasons the alcohol test was

Page 557 and 558: (c) Rates for drug testing. (1) Whe

Page 559 and 560: annual percentage rate under this p

Page 561 and 562: (a) Each employer shall require a c

Page 563 and 564: 56 for evaluating and resolving pro

Page 565 and 566: qualifying the supervisors to make

Page 567 and 568: 60 (12) Number of covered employees

Page 569 and 570: post-accident alcohol test indicati

Page 571 and 572: equired to be maintained by this pa

Page 573 and 574: (b) A certification must be authori

Page 575: Drug-Free Workplace Act

Page 591 and 592: TABLE OF CONTENTS INTRODUCTION ....

Page 593 and 594: egulations that have been made sinc

Page 595 and 596: The behaviors that are prohibited b

Page 597 and 598: ⎯ An individual who refuses to su

Page 599 and 600: Have employees been notified that p

Page 601 and 602: ⎯ Add a bluing agent to the toile

Page 603 and 604: Are employees who are subject to te

Page 605 and 606: LABORATORY TESTING Are all drug tes

Page 607 and 608: ⎯ Direct the analysis of the spli

Page 609 and 610: Is only one test conducted at a tim

Page 611 and 612: Does the BAT notify the employer’

Page 613 and 614: Does the SAP evaluate whether a saf

Page 615 and 616: ADMINISTRATIVE REQUIREMENTS If a pr

Page 617 and 618: Are procedures in place to have emp

Page 619 and 620: hours following the accident, the e

Page 621 and 622: Are random numbers substituted only

Page 623 and 624: Are employees that are subject to f

Page 625 and 626: OTHER TRAINING Consistent with the

Page 627 and 628: ♦ Documents presented by a covere

Page 629 and 630: CERTIFICATION ♦ Each year transit

Page 631 and 632: A R DMINISTRATIVE EQUIREMENTS Do th

Page 633 and 634: DRUG AND ALCOHOL POLICY REVIEW QUES

Page 635 and 636: Meeting FTA thresholds; Meeting dru

Page 637 and 638: CONSEQUENCES OF A FAILED OR REFUSED

Page 639 and 640: How much notice is given to the emp

Page 641 and 642: RECORDS MANAGEMENT QUESTIONNAIRE AP

Page 643 and 644: If the information requested is not

Page 645 and 646: Has the employer met the minimum an

Page 647 and 648: Do the records indicate that any dr

Page 649 and 650: Does the employer utilize the stand

Page 651 and 652: If tests are cancelled because of a

Page 653 and 654: If you conducted the initial test,

Page 655 and 656: SALIVA TEST TECHNICIAN QUESTIONNAIR

Page 657 and 658: MEDICAL REVIEW OFFICER (MRO) QUESTI

Page 659 and 660: What action would you take if the s

Page 661 and 662: • • • As the SAP, can you sub

Page 663: Do you assist your members in any w

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