Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
Organization/Agency Governing Board Municipality City Council County County Commissioners Regional Transit Board of Authority Trustees For-Profit Corporation Board Non-Profit Board Corporation Partnership Partners Sole Proprietor Owner In the event the employer has no governing board or the governing board does not have policy approval authority, the highest-ranking official with authority to approve the policy can do so. Section 4. POLICY COMMUNICATION Once you have developed or revised your agency’s policy and it has been adopted, you must make sure that employees are aware of the policy and subsequent changes, and the effect it will have on them. You must provide materials (or notify employees of the availability of material) explaining the regulations, the policy, and the corresponding procedures to each safetysensitive employee and representatives of employee organizations (§655.16). A sample Program Notification letter that satisfies this requirement is provided in the Sample Documentation section of this chapter. Informing Current Employees of Policy Requirements and Revisions How you communicate this information to your covered employees is your choice and is not dictated by the regulation. You can use any or all of the mechanisms available at your organization to educate your employees about the regulatory and employer policy requirements. The following methods have been used successfully: • Orientation sessions • Written materials • Interactive forums • Informational material displays • Ongoing dialogue among safetysensitive employees, labor representatives, first-line supervisors, and management. FTA strongly encourages each employer to have each employee sign a “Confirmation of Receipt” form acknowledging receipt of the policy and the regulation summary. A sample form is provided at the end of this section. If you brief employees as a group, you should have each employee sign an attendance roster and maintain the list in your records. Do not confuse the requirement to notify safety-sensitive employees about your Chapter 4. Policy Development and Communication 4-8 August 2002
policy with the requirement to formally train certain employees and supervisors in selected aspects of your drug and alcohol program. See Chapter 5, “Training,” for an explanation of your training obligations. You can include other items in your policy orientation sessions. One suggestion is to provide an open forum where top management, union officials, laboratory representatives, and/or a substance abuse professional may answer questions regarding the policy, its implications, testing procedures, or available employee assistance. Be sure that persons answering questions about the policy and regulations are completely knowledgeable concerning the program. Avoid generalities, vague answers, opinions, and guesses. If a specific issue is not resolved or addressed by the policy, say so. If you do not know the answer to a question, assure the audience that you will get an answer as soon as possible, and be sure to follow-up. Management Commitment FTA suggests that top management should demonstrate its personal commitment and support of the program by communicating the policy to employees, which will set an example, and ensure fair and impartial implementation. Management assurances of strict confidentiality are key elements in promoting the program. Senior transit officials should understand the program thoroughly and should know about the effects of substance abuse, the requirements of the regulation, and the prescribed disciplinary actions. A positive attitude toward a drug- and alcohol-free work site should be communicated at every opportunity and will help to achieve a successful program. Labor Involvement Implementation of the FTA-mandated drug and alcohol program is not subject to bargaining, unless the transit agency chooses not to accept FTA operating or capital funding. Even then, the employer may fall under the regulatory authority of the Federal Motor Carrier Safety Administration (FMCSA). Only those policy provisions included under the employer’s own authority are subject to collective bargaining. Union or employee leadership must be notified of the employer’s anti-drug and alcohol misuse policies and procedures and any subsequent changes made in the program. It can be advantageous to involve the union or employee leadership in the policy formulation/revision process. Your employee representatives may actively support the drug and alcohol program and may offer to assist in the administration of employee support programs (i.e., Alcoholics Anonymous, Employee Assistance Programs). For a more detailed discussion of labor involvement practices, see Section 3.1 of the Best Practices manual. Applicants for Employment You must make sure that all safetysensitive applicants are fully aware of the transit system’s commitment to a drug- and alcohol-free workplace. Add a statement similar to the one below to all notices of safety-sensitive positions: The (Transit Agency) has established the goal of a 100 percent drug- and alcoholfree workplace. Applicants will be required to undergo drug testing prior to employment and will be subject to further drug and alcohol testing throughout their employment. Chapter 4. Policy Development and Communication 4-9 August 2002
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Organization/Agency Governing<br />
Board<br />
Municipality City Council<br />
County County<br />
Commissioners<br />
Regional <strong>Transit</strong> Board of<br />
Authority Trustees<br />
For-Profit Corporation Board<br />
Non-Profit Board<br />
Corporation<br />
Partnership Partners<br />
Sole Proprietor Owner<br />
In the event the employer has no<br />
governing board or the governing board<br />
does not have policy approval authority,<br />
the highest-ranking official with authority<br />
to approve the policy can do so.<br />
Section 4. POLICY<br />
COMMUNICATION<br />
Once you have developed or revised<br />
your agency’s policy and it has been<br />
adopted, you must make sure that<br />
employees are aware of the policy and<br />
subsequent changes, and the effect it will<br />
have on them. You must provide<br />
materials (or notify employees of the<br />
availability of material) explaining the<br />
regulations, the policy, and the<br />
corresponding procedures to each safetysensitive<br />
employee and representatives of<br />
employee organizations (§655.16). A<br />
sample Program Notification letter that<br />
satisfies this requirement is provided in the<br />
Sample Documentation section of this<br />
chapter.<br />
Informing Current Employees of Policy<br />
Requirements and Revisions<br />
How you communicate this<br />
information to your covered employees is<br />
your choice and is not dictated by the<br />
regulation. You can use any or all of the<br />
mechanisms available at your organization<br />
to educate your employees about the<br />
regulatory and employer policy<br />
requirements. The following methods have<br />
been used successfully:<br />
• Orientation sessions<br />
• Written materials<br />
• Interactive forums<br />
• Informational material displays<br />
• Ongoing dialogue among safetysensitive<br />
employees, labor<br />
representatives, first-line supervisors,<br />
and management.<br />
FTA strongly encourages each employer<br />
to have each employee sign a “Confirmation<br />
of Receipt” form acknowledging receipt of<br />
the policy and the regulation summary. A<br />
sample form is provided at the end of this<br />
section. If you brief employees as a group,<br />
you should have each employee sign an<br />
attendance roster and maintain the list in<br />
your records.<br />
Do not confuse the requirement to notify<br />
safety-sensitive employees about your<br />
Chapter 4. Policy Development and Communication 4-8 August 2002
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