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

esults of covered employees since Subpart I requires recipients to certify that their
contractors and/or subrecipients are complying with the drug and alcohol testing
program. Numerous commenters stated that this objective could be accomplished by
amending 49 CFR 655.73 – Access to Facilities and Records.
FTA Response. FTA agrees with the commenters and has remedied this situation
with the addition of paragraph 49 CFR 655.73 (i). An employer may disclose drug and
alcohol testing information required to be maintained under this part only to the state
oversight agency or grantee required to certify to FTA compliance with the drug and
alcohol testing procedures at 49 CFR Parts 40 and 655.
Although several commenters indicated that law enforcement agencies should
have access to records maintained under this part upon request, FTA recognizes that
individual privacy rights require limited dissemination of this information. This section
does not authorize release of information maintained under this part to a law enforcement
agency based solely on the request of the law enforcement agency.
Second chance policy: FTA proposed adding this definition to the rule with the
understanding that grantees have the discretion to adopt a second chance policy, i.e., a
policy allowing an employee (who has previously violated the Federal drug and/or
alcohol regulations) to return to a safety-sensitive position after completing
rehabilitation.
FTA received a limited number of comments on this subject. A few commenters
expressed appreciation for the definition while most questioned the necessity for its
inclusion since it is the employer’s discretion to implement a “second chance policy”.
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