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

concentration of 0.04 or greater the safety-sensitive employee about what
(§655.31). triggers the tests.
• Employees with an alcohol
concentration of 0.02 or greater,
but less than 0.04 may not be
allowed to perform or continue to
perform safety-sensitive functions
until a subsequent test measures
less than 0.02, or the employee has
been removed from duty for at
least 8 hours.
In addition, the policy may also
incorporate policy language required by
the Drug-Free Workplace Act (DFWA) of
1988 that requires direct recipients of
$25,000 or more of federal funds to
prohibit any employee from engaging in
unlawfully manufacturing, distributing,
dispensing, possessing, or using controlled
substances in the workplace. Some
employers have chosen to establish a
single policy that meets the requirements
of the FTA drug and alcohol testing
regulations and the DFWA. Others have
chosen to maintain two separate policy
statements that address the requirements of
the two rules.
Circumstances for Testing
The FTA requires drug and alcohol
testing for safety-sensitive employees in
specific circumstances: reasonable
suspicion, post-accident, random, return to
duty, and follow-up. Drug tests are
required for pre-employment. Alcohol
tests are permitted by Part 655, but are not
required. If pre-employment alcohol tests
are performed, the employer must comply
with the requirements in Part 655.42. A
detailed discussion of each testing
procedure is provided in Chapter 6,
“Types of Testing.”
Your policy must define these
circumstances in sufficient detail to inform
Behavior That Constitutes a Test Refusal
(Random, Reasonable Suspicion, Post-Accident,
Return-to-Duty, Follow-Up)
Behavior That
Constitutes a Test Refusal
Failure to appear for a test in
the time frame specified by
the employer.
Failure to remain at the
testing site until the testing
process is completed.
Failure to provide a urine
specimen, saliva, or breath
specimen, as applicable.
Failure to provide a sufficient
volume of urine or breath
without a valid medical
explanation for the failure.
Failure to undergo a medical
examination to verify
insufficient volume.
Failure to cooperate with any
part of the testing process.
Failure to permit the
observation or monitoring of
specimen donation when so
required (§40.67(l) and
§40.69(g))
Failure to take a second test
required by the employer or
collector.
A drug test result that is
verified by the MRO as
adulterated or substituted.
Failure to sign the
certification on Step 2 of the
Alcohol Test Form.
Drug Alcohol
Test Test
X X
X X
X X
X X
X X
X X
X X
X X
Behavior that Constitutes a Test Refusal
The policy must describe behavior that
constitutes a refusal for both drug and
alcohol tests [40.191,655.15(g)]. The chart
above lists the behaviors that constitute a
test refusal for all testing categories except
for pre-employment.
Chapter 4. Policy Development and Communication 4-3 August 2002
X
X