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

MRO before the employer is notified of
the test result.
Second Chance versus Zero Tolerance
Once the FTA minimum consequences
are met for a non-negative test result, FTA
holds no position on the discipline that
employers establish for test refusals,
positive test results, adulterated or
substituted specimens. Some employers
practice zero-tolerance and discharge any
employee who has a non-negative test
result. Others operate under a second
chance policy that allows employees who
violated the rule to return to a safetysensitive
position after successfully
completing the return-to-duty process.
Still others establish some hybrid policies
based on past practice, employer
philosophy, and labor/management
agreements.
Employers must reflect the employee
consequences within the policy and clearly
identify each as being provided under the
employer’s own authority. This decision
has far reaching implications and must be
well thought out. There is no best or
recommended disciplinary policy.
Americans with Disabilities Act and
Drug-Free Workplace Act Provisions
If you develop a policy that includes
components of the Drug-Free Workplace
Act and the Americans with Disabilities
Act (ADA), you should review Chapter
13, “Drug-Free Workplace Act of 1988,”
and Appendix C, “Americans with
Disabilities Act Discussion.”
Section 3. POLICY ADOPTION
A final review of the draft policy
and/or policy revisions should be
conducted by your legal representative and
by your labor relations or personnel officer.
This legal review is to ensure that there are
no conflicts between the policy provisions,
the FTA requirements, and other state and
local laws. (Note: The FTA rule preempts
contrary state and/or local laws.)
The labor relations/personnel review
should identify and resolve any conflicts
between the policy and existing labor
agreements or personnel policies. The
requirements of the FTA regulations are not
subject to bargaining. You should allocate
sufficient time for this review and approval,
and you should notify your governing board
in the early stages of the policy development
process that its approval will be required.
The local governing board of the
employer must officially adopt the policy
and any substantive revisions made thereto.
The governing board of the employer may
take many forms depending on the
organizational structure and legal formation
of the agency. A list of the most common
governing boards is provided on the
following page.
Chapter 4. Policy Development and Communication 4-7 August 2002