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

due, in no small part, to the audit program.
II. Overview of Rule
This rule combines the drug and alcohol testing rules, found at 49 CFR Parts 653
and 654, and conforms these rules to the Department’s drug and alcohol testing
procedures at 49 CFR Part 40. FTA believes this change will allow the program to be
implemented more efficiently and will bring FTA into line with the other operating
administrations that fall under the Omnibus Transportation Employee Testing Act of
1991, (Federal Aviation Administration, Federal Railroad Administration, and Federal
Motor Carrier Safety Administration), as well as the two other operating administrations
that have drug and alcohol testing regulations (Research and Special Programs
Administration and U.S. Coast Guard).
The rule applies to direct and indirect recipients of funds under 49 U.S.C. 5307,
5309, 5311, and 23 U.S.C. 103(e)(4). It requires transit operators (employers) who
receive these funds to establish and conduct a multifaceted anti-drug and alcohol misuse
testing program. The regulation conditions financial assistance on the implementation of
a program. Failure of an employer to develop and implement a program in compliance
with this regulation may result in the suspension of Federal transit funding.
The regulation requires the testing of safety-sensitive employees for the use of
controlled substances and the misuse of alcohol; however the regulation also requires
education and awareness about the problems associated with prohibited drug use and
alcohol misuse. In addition, the regulation mandates that each employer have a policy
statement describing its program policies and procedures. The statement must include
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