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

Labor unions: 3
Trade associations: 9
Individual citizens: 12
Private businesses: 11.
FTA considered all comments filed in a timely manner, as well as all statements
and material presented at the public meetings on the NPRM.
Subpart A--General
A. Definitions. (§655.4)
Employer: In the NPRM, FTA proposed that, in addition to direct recipients of
FTA funding, the term “employer” include state recipients that pass the money to
subrecipients and grantees that have contractors performing transit operations. The
definition change was proposed to provide states and grantees access to covered
employees’ drug and alcohol test records in order to certify compliance with FTA drug
and alcohol testing rules by subrecipients and contractors.
FTA received a significant number of comments regarding the designation of
states as employers. Several states were concerned that being named an employer in
order to access drug and alcohol records would have legal and technical implications
that may expose the state to potential litigation. States were also concerned that they may
become the warehouse of records and be responsible for responding to potential
employers requesting information that is required under 49 CFR 40.25. Grantees that
utilize contractors to provide transit services offered similar concerns. Regardless, a
significant number of commenters acknowledged the necessity of having access to test
10