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

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

25.10.2013 Views

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

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

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