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

Most of the commenters to this section expressed support. However, one commenter
expressed opposition to the provision claiming that it undercuts the confidentiality
principles inherent in the FTA’s drug and alcohol testing program. Another commenter
indicated that FTA should provide additional criteria not identified in 49 CFR Part 40.
FTA Response. FTA is aware of the confidentiality concerns and will carefully
review each petition to determine if the facts and justification warrant a waiver. The
requirements for obtaining a waiver are provided in 49 CFR 40.21. The proposed rule
will be incorporated in the final rule to conform with 49 CFR Part 40.
Subpart B—Program Requirements
A. Policy Statement Contents (§655.15)
FTA proposed limiting information required in a Policy Statement to that listed in
section 655.15. FTA also clarified who must approve the policy. In most instances, a
grantee will have a governing board that can adopt the policy. However, where there is
no governing board or the governing board does not have approval authority, the highest-
ranking official with authority to approve the policy may do so. FTA also noted that
employers may incorporate by reference 49 CFR Part 40 in their Policy Statements,
provided it is available for review by employees when requested.
Most commenters expressed support for the effort to simplify this requirement.
However, one commenter noted that eliminating the requirement to address specific
sections of 49 CFR Part 40 and making Part 40 available to the employee creates the
potential for misunderstanding by the employee. Another commenter indicated that
specific employee rights should be required in this section. A few commenters also
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