Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
In addition, the employee application form should contain a statement in which the prospective employee agrees to follow the transit system’s drug and alcohol policy and submit to drug and alcohol testing if performing a safety-sensitive function. Current employees who are transferring to a safety-sensitive function must also be made aware of these policies. Further details on pre-employment testing are found in Chapter 6, “Types of Testing.” Contract Service Provider Notification The FTA rules require that each recipient certify that it complies with the requirements of the regulations (§655.83). If a recipient uses a contract service provider or maintenance provider, these contractors must also be in compliance, unless they are maintenance contractors who work for Section 5311 subrecipients or Section 5307 or 5309 recipients that serve populations under 200,000. Since the regulation covers contract personnel who are “standing in the shoes of” the transit system safety-sensitive employees, it is the recipient’s responsibility to ensure that contract organizations comply with the regulations. The safety-sensitive functions covered for contract personnel are the same, except for the exclusions noted. These employees may be full- or part-time workers of the contractor. Examples of Covered Safety-Sensitive Contractors Contractor Function (Stands In the Shoes of FTA Section 5307, 5309, or 5311 Recipients) Covered Not Covered Fixed Route Service X Demand X Response/Paratransit ADA Complementary X Paratransit Turn-Key Service Providers X Brokerage Services— X Broker/Dispatcher Chooses Service Provider Passenger Chooses Service X Provider Intercity Service Provider X Maintenance Service for Section 5307 and 5309 X Recipients that Serve Population Greater than 200,000 Maintenance Service for Section 5311 Subrecipients and Section 5307 and 5309 X Recipients that Serve Populations Less Than 200,000 Warranty Work X Vehicle X Manufacture/Remanufacture Facility Construction X Workers Security Services (with X Firearms) for Vehicles, Bus Stops, Terminals Security (with Firearms) for X Vehicle Storage, Buildings, and Grounds Engine and Component X Rebuilding and Overhaul Chapter 4. Policy Development and Communication 4-10 August 2002
Do not assume that your contractors are knowledgeable about the regulatory requirements or that they have compliant policies or programs. It is the FTA recipient’s responsibility to take the necessary actions to ensure the contractor’s compliance. You should notify all contract service and covered maintenance providers in writing of the regulatory requirements and the need for them to comply with the minimum requirements. Your procurement and contract documents should include specific language outlining the compliance regulations with the agency’s regulatory compliance as a condition of contract award, and state that failure to remain compliant will result in contract termination. You may also wish to provide them with the necessary tools and technical assistance needed to develop and maintain a compliant program, such as the following: • Provide each contractor with a copy of the regulatory requirements, these Implementation Guidelines, other FTA publications and resources as appropriate, and the transit system’s policy statement, including a description of the program’s intent and implications. • Have each contractor sign a “Confirmation of Receipt” form acknowledging receipt of the policy and the regulations. • Invite the contractor to participate in the transit system’s testing and training program. • Provide the contractor with a list of consortia/third party administrators (C/TPA) that can provide the necessary services to ensure that the contractor is in compliance. • Inform contractors of the record keeping and reporting requirements and your intent to monitor compliance. It is your responsibility to oversee and ensure that each contractor is compliant. You must certify that they are in compliance and ensure that they have completed their annual MIS Reports and submitted them to FTA as appropriate (see Chapter 10). Section 5. POLICY UPDATES Given the complexity of the regulation, diversity of the transit industry, regulatory emphasis on testing technology, and the illegal drug trade, all employers covered under the FTA regulation should anticipate that policy modifications will be required. Employers should stay up to date with the requirements, FTA letters of interpretation, and DOT/FTA guidance. Policy changes should be made as appropriate. Anytime an employer makes substantive changes in the policy, it must be officially approved by the governing board and communicated to all employees. The date that the policy was last revised and approved should be clearly indicated in the policy. Employers should review their policy at least once per year to determine if modifications are necessary. Chapter 4. Policy Development and Communication 4-11 August 2002
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In addition, the employee application<br />
form should contain a statement in which<br />
the prospective employee agrees to follow<br />
the transit system’s drug and alcohol<br />
policy and submit to drug and alcohol<br />
testing if performing a safety-sensitive<br />
function. Current employees who are<br />
transferring to a safety-sensitive function<br />
must also be made aware of these policies.<br />
Further details on pre-employment testing<br />
are found in Chapter 6, “Types of<br />
Testing.”<br />
Contract Service Provider Notification<br />
The FTA rules require that each<br />
recipient certify that it complies with the<br />
requirements of the regulations (§655.83).<br />
If a recipient uses a contract service<br />
provider or maintenance provider, these<br />
contractors must also be in compliance,<br />
unless they are maintenance contractors<br />
who work for Section 5311 subrecipients<br />
or Section 5307 or 5309 recipients that<br />
serve populations under 200,000.<br />
Since the regulation covers contract<br />
personnel who are “standing in the shoes<br />
of” the transit system safety-sensitive<br />
employees, it is the recipient’s<br />
responsibility to ensure that contract<br />
organizations comply with the regulations.<br />
The safety-sensitive functions covered for<br />
contract personnel are the same, except for<br />
the exclusions noted. These employees<br />
may be full- or part-time workers of the<br />
contractor.<br />
Examples of Covered Safety-Sensitive<br />
Contractors<br />
Contractor Function<br />
(Stands In the Shoes of<br />
FTA Section 5307, 5309, or<br />
5311 Recipients)<br />
Covered Not<br />
Covered<br />
Fixed Route Service X<br />
Demand<br />
X<br />
Response/Paratransit<br />
ADA Complementary<br />
X<br />
Paratransit<br />
Turn-Key Service Providers X<br />
Brokerage Services—<br />
X<br />
Broker/Dispatcher Chooses<br />
Service Provider<br />
Passenger Chooses Service<br />
X<br />
Provider<br />
Intercity Service Provider X<br />
Maintenance Service for<br />
Section 5307 and 5309<br />
X<br />
Recipients that Serve<br />
Population Greater than<br />
200,000<br />
Maintenance Service for<br />
Section 5311 Subrecipients<br />
and Section 5307 and 5309<br />
X<br />
Recipients that Serve<br />
Populations Less Than<br />
200,000<br />
Warranty Work X<br />
Vehicle<br />
X<br />
Manufacture/Remanufacture<br />
Facility Construction<br />
X<br />
Workers<br />
Security Services (with<br />
X<br />
Firearms) for Vehicles, Bus<br />
Stops, Terminals<br />
Security (with Firearms) for<br />
X<br />
Vehicle Storage, Buildings,<br />
and Grounds<br />
Engine and Component X<br />
Rebuilding and Overhaul<br />
Chapter 4. Policy Development and Communication 4-10 August 2002