Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
in the Code of Federal Regulations.” At that time, FTA noted that while the drug and alcohol testing rules shared many similarities, there were still enough differences to warrant two distinct CFR Parts. On February 15, 1994, FTA adopted two separate rules: the drug testing rule, 49 CFR Part 653, and the alcohol testing rule, 49 CFR Part 654. (59 FR 7549 and 59 FR 7572). Since the rules were first published, there have been two notable amendments as well as several minor (technical) amendments. In December 1998, FTA amended its post-accident regulation to allow an employer to seek post-accident test results from law enforcement agencies where the employer has been unable to timely perform such a test. (63 FR 67612). FTA has stressed the limited applicability of this amendment. In January 1999, FTA amended its definition of “[m]aintaining a revenue service vehicle or equipment,” located under safety-sensitive function (§653.7 and §654.7). (64 FR 425). The amended definition included covered employees of both recipients and contractors performing overhaul and rebuilding services of engines, parts, and vehicles. Previously, employees of contractors who were performing safety-sensitive functions did not have to comply with FTA drug and alcohol testing. In issuing the amended definition, FTA noted that it would be unduly burdensome to subject the covered employees of contractors to the drug and alcohol regulations if the overhaul/rebuilding work was done on an ad hoc or one-time basis where no long-term contract between the grantee and its contractor existed. (64 FR 426). FTA will continue to exclude the covered employees of contactors who perform safety-sensitive functions on an ad hoc or one-time basis. 5
When the drug and alcohol rules initially became effective, FTA began an aggressive outreach effort to assist affected entities in complying with the new rules. FTA offered numerous courses throughout the country on implementation. Additionally, in April 1994, FTA published Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit and made them available to anyone seeking help implementing the rules. The guidelines were published in the Federal Register several months prior to the effective date of the rules. They provided step-by-step instructions on how to most effectively comply with Parts 653 and 654. FTA will issue updated guidelines to assist with the implementation of Part 655. Additionally, FTA has issued numerous letters of interpretation on the rules. Public response to these letters, especially since they became available on FTA’s external Web page, has been highly favorable. Employers and employees found that the letters were very helpful in explaining the rules. FTA will continue to offer interpretive guidance with respect to Part 655. To determine compliance with the rules, FTA’s Office of Safety and Security began auditing grantee drug and alcohol testing programs in March 1997. The audits quickly evolved into opportunities for FTA to provide extensive technical assistance. Through the audits, FTA has gained a better understanding of the difficulties that grantees encounter when implementing the rules. In addition, audits have shown FTA where the rules can be strengthened and improved. The impetus to combine Parts 653 and 654 is 6
- Page 461 and 462: Page 88 of 100
- Page 463 and 464: Page 90 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 475 and 476: 43946 Federal Register / Vol. 68, N
- Page 477 and 478: 43948 Federal Register / Vol. 68, N
- Page 479 and 480: 43950 Federal Register / Vol. 68, N
- Page 481 and 482: 43952 Federal Register / Vol. 68, N
- Page 483 and 484: 43954 Federal Register / Vol. 68, N
- Page 485 and 486: 43956 Federal Register / Vol. 68, N
- Page 487 and 488: 43958 Federal Register / Vol. 68, N
- Page 489 and 490: 43960 Federal Register / Vol. 68, N
- Page 491 and 492: 43962 Federal Register / Vol. 68, N
- Page 493 and 494: 43964 Federal Register / Vol. 68, N
- Page 495 and 496: Federal Register / Vol. 68, No. 250
- Page 497 and 498: Federal Register / Vol. 68, No. 250
- Page 499 and 500: Federal Register / Vol. 68, No. 250
- Page 501 and 502: Federal Register / Vol. 68, No. 250
- Page 503 and 504: Federal Register / Vol. 68, No. 250
- Page 505 and 506: Federal Register / Vol. 68, No. 250
- Page 507 and 508: 49 CFR Part 655
- Page 509 and 510: 2 Electronic access to this rule an
- Page 511: duty and follow-up testing under sp
- 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
When the drug and alcohol rules initially became effective, FTA began an<br />
aggressive outreach effort to assist affected entities in complying with the new rules.<br />
FTA offered numerous courses throughout the country on implementation. Additionally,<br />
in April 1994, FTA published <strong>Implementation</strong> <strong>Guidelines</strong> for Drug and Alcohol<br />
Regulations in Mass <strong>Transit</strong> and made them available to anyone seeking help<br />
implementing the rules. The guidelines were published in the <strong>Federal</strong> Register several<br />
months prior to the effective date of the rules. They provided step-by-step instructions on<br />
how to most effectively comply with Parts 653 and 654. FTA will issue updated<br />
guidelines to assist with the implementation of Part 655.<br />
Additionally, FTA has issued numerous letters of interpretation on the rules.<br />
Public response to these letters, especially since they became available on FTA’s external<br />
Web page, has been highly favorable. Employers and employees found that the letters<br />
were very helpful in explaining the rules. FTA will continue to offer interpretive<br />
guidance with respect to Part 655.<br />
To determine compliance with the rules, FTA’s Office of Safety and Security<br />
began auditing grantee drug and alcohol testing programs in March 1997. The audits<br />
quickly evolved into opportunities for FTA to provide extensive technical assistance.<br />
Through the audits, FTA has gained a better understanding of the difficulties that<br />
grantees encounter when implementing the rules. In addition, audits have shown FTA<br />
where the rules can be strengthened and improved. The impetus to combine Parts 653<br />
and 654 is<br />
6