Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
What, if anything, caused them to believe it was substance-abuse-related behavior? On what basis did they reach their conclusions? The supervisor should observe the employee. What can the supervisor observe and objectively document as it relates to physical signs and symptoms, emotional state, physical evidence, and related facts? The reasonable suspicion determination must be made based on the trained supervisor’s observations. Transport the Employee. Although the FTA regulations do not specify that the employee must be transported, it is unwise to allow an employee suspected of being under the influence of alcohol or drugs to proceed alone to the collection site or to drive home. He or she could be a danger to self or others. In addition, the employer’s exposure to liability is great if damage or injury occurs. Accompanying the employee to the collection site also assures that there is no opportunity en route for the employee to ingest or acquire anything that could affect the test result. The direct or immediate supervisor of the employee must not serve as the collection site person for drug or alcohol tests (§655.53). Document Events. Record the behavioral signs and symptoms that support the determination to conduct a reasonable suspicion test, and maintain those records for a minimum of 2 years. The signs and symptoms to look for are more fully described in Appendix F. Chapter 5. Training 5-22 August 2002
Chapter 6. TYPES OF TESTING Six types of testing are required by Subpart E (49 CFR Part 655) of the FTA drug and alcohol rule. The six categories include: • Pre-employment (drug test only) • Reasonable suspicion • Post-accident • Random • Return-to-duty • Follow-up In addition to these six types of testing, transit systems with over 2,000 covered safety-sensitive employees are also required to perform blind sample testing as a quality assurance measure for the testing laboratory (§40.103). Section 1. PRE-EMPLOYMENT TESTING The purpose of pre-employment testing is to identify applicants who have exhibited high risk behavior (i.e., consumed a prohibited drug) in the recent past. This behavior can impact the workplace and presents an unacceptable safety risk to the employee, coworkers, passengers, and the general public. Pre-employment testing identifies those employees who could bring a substance abuse problem into your transit agency. Pre-employment Drug Testing The FTA regulation (§655.41) requires that all applicants for employment in safetysensitive positions or individuals being transferred into safety-sensitive positions from non-safety-sensitive positions must be given a pre-employment drug test. Applicants may not be assigned safetysensitive functions unless the individual has a verified negative test result. When an existing covered employee has not performed a safety-sensitive function for 90 consecutive calendar days and the employee has not been in the employer’s random testing pool during that time, the employee is required to take a preemployment drug test and obtain a negative test result prior to the reassignment of safety-sensitive duties. The reason for the Chapter 6. Types of Testing 6-1 August 2002
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What, if anything, caused them to believe it was substance-abuse-related behavior? On what<br />
basis did they reach their conclusions?<br />
The supervisor should observe the employee. What can the supervisor observe and<br />
objectively document as it relates to physical signs and symptoms, emotional state, physical<br />
evidence, and related facts? The reasonable suspicion determination must be made based on the<br />
trained supervisor’s observations.<br />
Transport the Employee. Although the FTA regulations do not specify that the employee<br />
must be transported, it is unwise to allow an employee suspected of being under the influence of<br />
alcohol or drugs to proceed alone to the collection site or to drive home. He or she could be a<br />
danger to self or others. In addition, the employer’s exposure to liability is great if damage or<br />
injury occurs. Accompanying the employee to the collection site also assures that there is no<br />
opportunity en route for the employee to ingest or acquire anything that could affect the test<br />
result.<br />
The direct or immediate supervisor of the employee must not serve as the collection site<br />
person for drug or alcohol tests (§655.53).<br />
Document Events. Record the behavioral signs and symptoms that support the<br />
determination to conduct a reasonable suspicion test, and maintain those records for a minimum<br />
of 2 years. The signs and symptoms to look for are more fully described in Appendix F.<br />
Chapter 5. Training 5-22 August 2002
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