Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
may not impose requirements that are inconsistent with, contrary to, or frustrate the provisions of this part. §655.16 Requirement to disseminate policy. Each employer shall provide written notice to every covered employee and to representatives of employee organizations of the employer’s anti-drug and alcohol misuse policies and procedures. §655.17 Notice requirement. Before performing a drug or alcohol test under this part, each employer shall notify a covered employee that the test is required by this part. No employer shall falsely represent that a test is administered under this part. §655.18 - §655.20 [Reserved] Subpart C – Prohibited Drug Use §655.21 Drug testing. (a) An employer shall establish a program that provides testing for prohibited drugs and drug metabolites in the following circumstances: pre-employment, post-accident, reasonable suspicion, random, and return to duty/follow-up. (b) When administering a drug test, an employer shall ensure that the following drugs are tested for: (1) Marijuana; (2) Cocaine; (3) Opiates; (4) Amphetamines; and 41
(5) Phencyclidine. (c) Consumption of these products is prohibited at all times. §655.22 – §655.30 [Reserved] Subpart D – Prohibited Alcohol Use §655.31 Alcohol testing. (a) An employer shall establish a program that provides for testing for alcohol in the following circumstances: post-accident, reasonable suspicion, random, and return to duty/follow-up. An employer may also conduct pre-employment alcohol testing. (b) Each employer shall prohibit a covered employee, while having an alcohol concentration of 0.04 or greater, from performing or continuing to perform a safety- sensitive function. §655.32 On duty use. Each employer shall prohibit a covered employee from using alcohol while performing safety-sensitive functions. No employer having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions. §655.33 Pre-duty use. (a) General. Each employer shall prohibit a covered employee from using alcohol within 4 hours prior to performing safety-sensitive functions. No employer having actual knowledge that a covered employee has used alcohol within four hours of performing a safety-sensitive function shall permit the employee to perform or continue to perform safety-sensitive functions. 42
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- Page 507 and 508: 49 CFR Part 655
- Page 509 and 510: 2 Electronic access to this rule an
- Page 511 and 512: duty and follow-up testing under sp
- Page 513 and 514: When the drug and alcohol rules ini
- Page 515 and 516: the consequences for prohibited dru
- Page 517 and 518: Labor unions: 3 Trade associations:
- Page 519 and 520: FTA Response. FTA opts not to inclu
- Page 521 and 522: Since each employer uses its own te
- Page 523 and 524: Most of the commenters to this sect
- Page 525 and 526: themselves that employees can succe
- Page 527 and 528: Several commenters responding to th
- Page 529 and 530: service providers and the employer.
- Page 531 and 532: esponsibility of FTA transit funds
- Page 533 and 534: 26 Federalism assessment. However,
- Page 535 and 536: Part 655 - Prevention of Alcohol Mi
- Page 537 and 538: 655.52 Substance abuse professional
- Page 539 and 540: (b) This part must be read in conju
- Page 541 and 542: (2) The volunteer performs a safety
- Page 543 and 544: Refuse to submit means any circumst
- Page 545 and 546: An employer must have an anti-drug
- Page 547: part. (c) Specific information conc
- Page 551 and 552: concentration less than 0.04. This
- Page 553 and 554: §655.43 Reasonable suspicion testi
- Page 555 and 556: 48 the reasons the alcohol test was
- Page 557 and 558: (c) Rates for drug testing. (1) Whe
- Page 559 and 560: annual percentage rate under this p
- Page 561 and 562: (a) Each employer shall require a c
- Page 563 and 564: 56 for evaluating and resolving pro
- Page 565 and 566: qualifying the supervisors to make
- Page 567 and 568: 60 (12) Number of covered employees
- Page 569 and 570: post-accident alcohol test indicati
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- Page 593 and 594: egulations that have been made sinc
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(5) Phencyclidine.<br />
(c) Consumption of these products is prohibited at all times.<br />
§655.22 – §655.30 [Reserved]<br />
Subpart D – Prohibited Alcohol Use<br />
§655.31 Alcohol testing.<br />
(a) An employer shall establish a program that provides for testing for alcohol in the<br />
following circumstances: post-accident, reasonable suspicion, random, and return to<br />
duty/follow-up. An employer may also conduct pre-employment alcohol testing.<br />
(b) Each employer shall prohibit a covered employee, while having an alcohol<br />
concentration of 0.04 or greater, from performing or continuing to perform a safety-<br />
sensitive function.<br />
§655.32 On duty use.<br />
Each employer shall prohibit a covered employee from using alcohol while<br />
performing safety-sensitive functions. No employer having actual knowledge that a<br />
covered employee is using alcohol while performing safety-sensitive functions shall<br />
permit the employee to perform or continue to perform safety-sensitive functions.<br />
§655.33 Pre-duty use.<br />
(a) General. Each employer shall prohibit a covered employee from using alcohol<br />
within 4 hours prior to performing safety-sensitive functions. No employer having actual<br />
knowledge that a covered employee has used alcohol within four hours of performing a<br />
safety-sensitive function shall permit the employee to perform or continue to perform<br />
safety-sensitive functions.<br />
42