Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
(a) An employer subject to this part may petition the FTA for a waiver allowing the employer to stand down, per 49 CFR Part 40, an employee following a report of a laboratory confirmed positive drug test or refusal, pending the outcome of the verification process. (b) Each petition for a waiver must be in writing and include facts and justification to support the waiver. Each petition must satisfy the requirements for obtaining a waiver, as provided in 49 CFR 40.21. (c) Each petition for a waiver must be submitted to the Office of Safety and Security, Federal Transit Administration, U.S. Department of Transportation, 400 Seventh Street, S.W. Washington, D.C. 20590. (d) The Administrator may grant a waiver subject to 49 CFR 40.21(d). §655.6 Preemption of State and local laws. (a) Except as provided in paragraph (b) of this section, this part preempts any state or local law, rule, regulation, or order to the extent that: (1) Compliance with both the state or local requirement and any requirement in this part is not possible; or (2) Compliance with the state or local requirement is an obstacle to the accomplishment and execution of any requirement in this part. (b) This part shall not be construed to preempt provisions of state criminal laws that impose sanctions for reckless conduct attributed to prohibited drug use or alcohol misuse leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public. §655.7 Starting date for testing programs. 37
An employer must have an anti-drug and alcohol misuse testing program in place by the date the employer begins operations. Subpart B – Program Requirements §655.11 Requirement to establish an anti-drug use and alcohol misuse program. Each employer shall establish an anti-drug use and alcohol misuse program consistent with the requirements of this part. §655.12 Required elements of an anti-drug use and alcohol misuse program. An anti-drug use and alcohol misuse program shall include the following: (a) A statement describing the employer’s policy on prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug use and alcohol misuse. This policy statement shall include all of the elements specified in section 655.15 of this subpart. Each employer shall disseminate the policy consistent with the provisions of section 655.16 of this subpart. (b) An education and training program which meets the requirements of section 655.14 of this subpart. (c) A testing program, as described in Subparts C and D of this part, which meets the requirements of this part and 49 CFR Part 40. (d) Procedures for referring a covered employee who has a verified positive drug test result or an alcohol concentration of 0.04 or greater to a Substance Abuse Professional, consistent with 49 CFR Part 40. §655.13 [Reserved] §655.14 Education and training programs. 38
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An employer must have an anti-drug and alcohol misuse testing program in place<br />
by the date the employer begins operations.<br />
Subpart B – Program Requirements<br />
§655.11 Requirement to establish an anti-drug use and alcohol misuse program.<br />
Each employer shall establish an anti-drug use and alcohol misuse program consistent<br />
with the requirements of this part.<br />
§655.12 Required elements of an anti-drug use and alcohol misuse program.<br />
An anti-drug use and alcohol misuse program shall include the following:<br />
(a) A statement describing the employer’s policy on prohibited drug use and alcohol<br />
misuse in the workplace, including the consequences associated with prohibited drug use<br />
and alcohol misuse. This policy statement shall include all of the elements specified in<br />
section 655.15 of this subpart. Each employer shall disseminate the policy consistent with<br />
the provisions of section 655.16 of this subpart.<br />
(b) An education and training program which meets the requirements of section<br />
655.14 of this subpart.<br />
(c) A testing program, as described in Subparts C and D of this part, which meets the<br />
requirements of this part and 49 CFR Part 40.<br />
(d) Procedures for referring a covered employee who has a verified positive drug test<br />
result or an alcohol concentration of 0.04 or greater to a Substance Abuse Professional,<br />
consistent with 49 CFR Part 40.<br />
§655.13 [Reserved]<br />
§655.14 Education and training programs.<br />
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