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

• If information obtained from a
previous employer includes any
drug or alcohol test information
that indicates a non-negative test
result or violation of the
DOT/FTA regulations, you must
not allow the employee to
perform safety-sensitive duties
unless you have obtained
documentation that the employee
has complied with the return-toduty
requirements including SAP
assessment, successful treatment,
negative return-to-duty test, and
follow-up tests.
• All information received and
documentation of good faith
efforts must be kept as a
confidential record and
maintained for a minimum of 3
years.
Likewise, if you are requested to provide
information regarding a previous employee
and the employee has provided written
consent, you are required to provide the
requested information. The information
must be released in a confidential manner
and you must maintain a written record of
the information released.
Hiring Following a DOT Rule Violation
The FTA regulations prohibit you from
assigning an individual to a safety-sensitive
position who has previously violated any
DOT drug and alcohol regulations, unless
that person has successfully completed the
DOT return-to-duty process and has a
negative pre-employment test. You may
become aware of a violation by an applicant
or existing employee through a selfconfession,
previous employer record check,
previous pre-employment test, or other
means. The return-to-duty process includes
the referral to a SAP for evaluation and
completion of the recommended treatment
program. Before assigning the individual to
safety-sensitive duties, you must accept
responsibility for the completion of the
recommended follow-up testing plan, if
applicable. Also, you may require the
applicant to adhere to any aftercare
treatment recommendations.
SAP Referrals for Pre-employment Non-
Negative Test Results
The DOT regulations require that all
covered employees as well as applicants
who violate a DOT drug and alcohol
regulation (i.e., positive test result or
refusal) must be provided a list of Substance
Abuse Professionals that are readily
available to the employee/applicant. See
Chapter 9 of these Guidelines for more
information regarding the roles and
responsibilities of the SAP.
Pre-employment Tests With Insufficient
Volume
If an applicant is unable to provide a
sufficient amount of urine to permit a drug
test (i.e., 45 mL) the collector must follow
Chapter 6. Types of Testing 6-4 August 2002