Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
TYPES OF TESTING PRE-EMPLOYMENT DRUG TESTING ♦ All applicants for employment in safety-sensitive positions or individuals being transferred into safety-sensitive positions must be given a preemployment drug test. The FTA does not allow any waivers of preemployment drug tests. Employers must get written consent from the applicant to check the applicant’s drug and alcohol testing records from previous DOT covered employers. Employers are required to complete this records check. Obtaining drug test results from a previous employer does not waive the requirement to conduct a pre-employment drug test on new employees. Does the transit agency have on file the negative drug test results for all new hires? Does the transit agency assign an employee safety-sensitive functions only after the employer has a negative drug test result for the applicant? ♦ If an individual has a positive pre-employment drug test he/she cannot be assigned safety-sensitive duties. ♦ If an individual reapplies for a safety-sensitive position after a previous positive pre-employment test, the applicant must provide evidence of successful completion of the return-to-duty process including the completion of an education/treatment program and evidence of wellbeing from a SAP and be enrolled in a follow-up testing program, before he/she can be assigned safety-sensitive duties. ♦ The employer must allow the applicant to discuss the results of the test with a medical review officer prior to making a final decision to verify a positive drug test result. Employers must provide a list of qualified SAPs to applicants who test positive. ♦ If a pre-employment drug test is cancelled, the applicant is required to submit to and pass another test. Is the time between the hire date and the test date reasonable (less than 90 days)? If not, another pre-employment test is required. Are MROs allowed to report a negative pre-employment test result for individuals that are unable to provide sufficient volume because of a permanent disability, but have a medical evaluation that indicates no chemical evidence of illegal drug use? Appendix J. Self-Assessment Checklist J-24 August 2002 A R DMINISTRATIVE EQUIREMENTS Pre-employment Drug Testing
ADMINISTRATIVE REQUIREMENTS If a pre-employment test results in insufficient volume, is a contingent offer of employment made prior to the medical evaluation? Pre-employment Are you aware of the behaviors that constitute a test refusal for pre- Drug Testing employment tests? ⎯ Failure to appear for a pre-employment test, delayed test, or leaving the collection site prior to commencement of a test is not a test refusal. ⎯ Once the collection has commenced, however, the donor has committed to the process and must complete the test or it is considered a test refusal. Do you ask applicants whether they failed a pre-employment drug test for another DOT regulated company within the past 2 years? Are all applicants notified in writing of the requirement to pass a drug test? Do you obtain written consent from applicants requesting test information from previous DOT-regulated employers (previous 2 years)? Do you send the consent along with the request to the previous employer? Do you make a good faith effort to obtain the information from the previous employers? If the information is not obtained within 30 days of this, do you remove the employee from safety-sensitive duties? Do you document the good faith effort? If you obtain information that an applicant had a previous non-negative test result, do you remove the person from duty until you have documentation that the individual successfully completed the return-toduty process and has completed a follow-up testing program If the person has not successfully completed the return-to-duty process or the follow-up testing program, have you made arrangements to pick up where the employee left off? Do you conduct a pre-employment test on employees that have been absent from their safety-sensitive positions for 90 days or more regardless of the reason, and not included in the random selection pool during the timeframe? Appendix J. Self-Assessment Checklist J-25 August 2002
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ADMINISTRATIVE<br />
REQUIREMENTS<br />
If a pre-employment test results in insufficient volume, is a contingent<br />
offer of employment made prior to the medical evaluation?<br />
Pre-employment<br />
Are you aware of the behaviors that constitute a test refusal for pre- Drug Testing<br />
employment tests?<br />
⎯ Failure to appear for a pre-employment test, delayed test, or<br />
leaving the collection site prior to commencement of a test is not<br />
a test refusal.<br />
⎯ Once the collection has commenced, however, the donor has<br />
committed to the process and must complete the test or it is<br />
considered a test refusal.<br />
Do you ask applicants whether they failed a pre-employment drug test<br />
for another DOT regulated company within the past 2 years?<br />
Are all applicants notified in writing of the requirement to pass a drug<br />
test?<br />
Do you obtain written consent from applicants requesting test<br />
information from previous DOT-regulated employers (previous 2 years)?<br />
Do you send the consent along with the request to the previous<br />
employer? Do you make a good faith effort to obtain the information<br />
from the previous employers?<br />
If the information is not obtained within 30 days of this, do you remove<br />
the employee from safety-sensitive duties? Do you document the good<br />
faith effort?<br />
If you obtain information that an applicant had a previous non-negative<br />
test result, do you remove the person from duty until you have<br />
documentation that the individual successfully completed the return-toduty<br />
process and has completed a follow-up testing program If the<br />
person has not successfully completed the return-to-duty process or the<br />
follow-up testing program, have you made arrangements to pick up<br />
where the employee left off?<br />
Do you conduct a pre-employment test on employees that have been<br />
absent from their safety-sensitive positions for 90 days or more<br />
regardless of the reason, and not included in the random selection pool<br />
during the timeframe?<br />
Appendix J. Self-Assessment Checklist J-25 August 2002