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

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FTA and FMCSA Regulatory Comparison (continued) TOPIC FTA FMCSA Testing Categories Pre-employment - drugs only Result before assignment of Same safety-sensitive duty No waiver Waived if certain conditions are met Reasonable Suspicion Trained supervisor makes Same specific, contemporaneous A written record must be observations regarding prepared within 24 hours of the appearance, speech, behavior, or event odor Test delays >8 hours result in driver out of service for 24 hours Post Accident - Fatality Test driver Test driver required Same Test others that could have Not Required contributed Post Accident - No Fatality Immediate transport to a Unless the employee can be And the CDL holder receives a medical treatment facility or completely discounted as a citation for a moving traffic one or more vehicles receives contributing factor violation disabling damage Random Scientifically valid method Same Minimum drug test rate 50% 50% Minimum alcohol test rate 10% 10% Return-to-duty/Follow-up Same Same Recordkeeping Retention 5, 2, and 1 year records Same MIS Selected reporting - employers Same randomly selected Access to record Controlled Same Previous employer records Obtain records for previous 2 Same years with employee consent Compliance Penalties Suspension of funds Employer/employee fines and penalties Possibility of issuing an out of service order Compliance Certification Required Not Required Chapter 2. Regulatory Overview 2-30 August 2002
FTA and FMCSA Regulatory Comparison (continued) TOPIC FTA FMCSA Prohibited Behavior - Alcohol Same Same BAC ≥0.04; consumption on duty 4 hours before No consumption on-call No possession while on duty performance of safetysensitive duties; 8 hours following an accident Prohibited Behavior - Drugs Same Same at all times Prescription use when affects ability to perform. These are medical disqualifications. SAP Referral Process Same Same Chapter 2. Regulatory Overview 2-31 August 2002
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: 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
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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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Page 188:
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
Page 248 and 249:
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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Page 312 and 313:
Page 314 and 315:
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
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Phencyclidine (PCP) Fact Sheet Phen
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Appendix G Questions and Answers
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ecipient, and someone other than th
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Q. Can transit operators receive wa
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Q. If an employee changed jobs prio
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Q. How much training are employers
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acceptable for the company-required
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Q. In a post-accident situation req
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employees and 50 non-DOT employees,
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Q: What actual address is required
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Q: Can a split specimen be sent to
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actual employee of the employer may
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Q: Must collectors, BATs, STTs, MRO
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an observer, or a monitor for co-wo
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Q: If a collector makes an error on
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Appendix H Terms and Definitions
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indirectly, one controls or has the
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Confirmation validity test Confirme
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These terms include any designee of
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Medical Review Officer (MRO) A pers
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Random test Reason to believe Reaso
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Safety-sensitive function Any of th
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trolley bus, or vessel. A “mass t
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49 CFR Part 40 Updated August 31, 2
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§ 40.89 What is validity testing,
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Page 4 of 100 § 40.287 What inform
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Page 6 of 100 Subpart A - Administr
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Page 8 of 100 Medical Review Office
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Page 10 of 100 § 40.17 Is an emplo
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Page 12 of 100 (b) You must request
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Page 14 of 100 (4) The collector's
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Page 16 of 100 (1) To avoid distrac
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Page 18 of 100 (f) Direct the emplo
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Page 20 of 100 (g) As the collector
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Page 22 of 100 participate in the D
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Page 24 of 100 (b) You must determi
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Page 26 of 100 (d) If you have not
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Page 28 of 100 December 31 of the p
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Page 30 of 100 (a) Review Copy 2 of
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Page 32 of 100 (1) As the DER, you
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Page 34 of 100 (i) Recent needle tr
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Page 36 of 100 (2) If you receive i
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Page 38 of 100 (iii) If a negative
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Page 40 of 100 (6) Result of the te
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Page 42 of 100 (d) When you receive
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Page 44 of 100 (1) Report that the
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Page 46 of 100 (2) There is not an
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Page 48 of 100 (c) The laboratory r
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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
Page 431 and 432:
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
Page 663:
Do you assist your members in any w
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