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

contracting out is often performed by small shops focusing on a very narrow repair
area. These maintenance contractors have limited administrative staff, which causes
them difficulty in administering a drug and alcohol program.
FTA Response. FTA recognizes these concerns, but also recognizes the public
safety interest inherent in testing safety-sensitive employees. FTA has developed a
middle ground to alleviate some of the problems associated with this issue. FTA still
recognizes that recipients funded with 49 U.S.C. 5311 funds and which contract out
maintenance service are excluded from the drug and alcohol testing rules. In addition,
recipients of Federal transit funds under 49 U.S.C. 5307 and 5309 in an area less than
200,000 in population and which contract out such services are no longer required to
comply with Part 655. Also, maintenance providers of safety-sensitive functions for a
grantee on an ad hoc or one-time basis are not required to comply.
Volunteers. FTA proposed to clarify when volunteers are covered employees
subject to the drug and alcohol testing rules. Most commenters indicated that the
proposed language needed further clarification.
FTA Response. FTA has reviewed the proposed language and amends the
definition of covered employee by deleting reference to the volunteers’ “expectation of
in-kind or tangible benefits.” Instead, a volunteer is deemed a covered employee when
he or she receives remuneration in excess of their actual personal expenses incurred
while performing the volunteer service.
B. Stand-down Waivers for Drug Testing (655.5)
FTA proposed procedures on stand-down waivers to conform with 49 CFR Part 40.
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