(66 FR 41996). If you would like additional information you may contact FTA Drug & Alcohol Program Manager, Jerry Powers directly at (617) 494-2395 or Gerald.Powers@dot.gov. The revised FTA Drug and Alcohol Regulation was published in the Federal Register on August 9, 2001. In the preamble to those rules, we stated that "[b]ecause each recipient uses its own terminology, [FTA has] decided to define safety-sensitive based on the function performed instead of listing specific job categories. I would note that it has been recognized by FTA as a best practice in order to ensure that the employee reports immediately (as required by Part 655.45(h)) and that no substitute sample, time to dilute, or masking gent is procured. This allows the DER to track if the employee is reporting immediately and what the wait is at the collection site. Post-accident – Drug and alcohol tests may be required after crashes according to the following chart (§382.303): Alternates are not acceptable until the primary list has been exhausted. Chances are you will at least need to submit to testing from your first appearance in court until you are actually sentenced. A hair drug test provides a 90-day window of drug use. Testing is allowed for any job-related purpose consistent with business necessity, including: By performing drug and alcohol testing as soon as possible after the incident, your company has important information to use as a tool when analyzing the causes of workplace incidents. I can be reached at (202) 366-4911 should you have further questions. Hair can be tested for cocaine, marijuana, opiates, methamphetamine, and phencyclidine. That letter was issued on April 14, 2000. Use a third party service to validate your records. (49 CFR 655.4) The predecessors of 49 CFR Part 655, Parts 653.7 and 654.7 defined a covered employee as one "who performs a safety-sensitive function for an entity subject to this part." When employees are not escorted and report on their own it is also suggested that a notification log is kept including: time of notification, time reported to collection site, and time of return. Be prepared to pay for your testing every time you are required to test, and be aware many testing centers are cash-only. Second, you must call in to the drug testing center every day, first thing in the morning. Operational difficulties are not acceptable in excusing employees from testing. It doesn’t indicate current impairment due to drugs, only past use. For example, we will choose hair sample tests over urine sample tests when possible. An employer may refuse to hire an employee who will not submit to a drug test. This amended definition was initially promulgated in January 1999. Mandatory random drug testing is a huge inconvenience, and TestNotice can make it a little less stressful by providing you with peace of mind and the security of your historical data records. 5311 and contracts out such services;Carrying a firearm for security purposes. (Posted: July 2010), The FTA guidance you cite is correct. The Best Practices Procurement Manual, Appendix A.1, contains guidance on this issue under Clause #24 – Substance Abuse Requirements. Our Blog is a service to the community and is an incredibly valuable resource for fact-based information on drug and alcohol testing, as well as what's new with TestNotice. Post-incident drug testing (also called post-accident testing) is done when an incident that cannot be explained through mechanical failure occurs in the workplace. FTA has modified the definition of "maintenance" to permit maintenance contractors for 49 USC 5307, 5309, and 5311 recipients that are in areas with populations less than 200,000 and which contract out maintenance services to be exempt from drug and alcohol testing. You may be interested in FTA's Drug and Alcohol Interpretation Letters published at the website.. We would recommend you use an RFP (negotiated procurement) and consider the key personnel, experience, and past performance of the firms responding as important aspects of the technical evaluation process, along with price. 2014-2020 all rights reserved. Time is not on your side in a bad situation with the courts. The outcome of the drug test is typically the final criterion on whether the applicant lands the job as a warehouse associate, driver, or in the tech field with Amazon or not. FTA has a D&A Best Practices Manual with compliant model policies available. The BPPM clause language in Appendix A.1, Clause #24 – Substance Abuse Requiremetns, reflects the current CFR sections. The Federal Transit Administration does not conduct or manage Drug and Alcohol Testing programs. Employees or contractors repairing, rebuilding, or overhauling a vehicle are included under the requirements, as well as anyone performing hands-on maintenance on the systems (rail, train control, etc.) 5307 or 5309, is in an area with less than 200,000 in population, and contracts out such services; or an employer who receives funding under 49 U.S.C. Although FTA's drug and alcohol regulations do not prescribe treatment recommendations of the SAP, it is reasonable for the SAP to recommend a counselor who is able to treat both the underlying issue and the substance abuse. Find the Latest Information on the Coronavirus/COVID-19 at FTA's Coronavirus landing page. There aren't a lot of differences between testing centers, but it might be worthwhile to do research in advance to see what other patrons of those centers have written about their experience. If the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the testing site immediately. Are you random drug testing? Random drug testing can seem overwhelming and stressful. United States Department of Transportation, National Registry of Certified Medical Examiners, ADA Requirements for Over-the-Road Bus Companies, Pocket Guide to Large Truck and Bus Statistics, Consortium/Third-Party Administrators (C/TPAs), Find the local field offices in your state, Department of Transportation Office of Drug and Alcohol Policy, Pre-employment – An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. A lock ( LockA locked padlock ) or https:// means you’ve safely connected to the .gov website. However, we would suggest you go to the APTA.com web page and look for the window "Finding Public Transportation..." That will give you access to all transit agencies in the US by state, and you can contact them directly since they are the agencies that procure these testing services. FTA guidelines at 49 CFR Part 655 require certain actions based on drug or alcohol test results or refusals by employees to take such tests. Section 655.4 defines safety-sensitive function to include "maintaining [including repairs, overhaul and rebuilding] a revenue service vehicle or equipment used in revenue service. (c) As a collector, you must immediately conduct a collection under direct observation if: (1) You are directed by the DER … Each employer must decide for itself whether a particular employee performs any of the functions listed in this definition (59 FR 7544 and 7584). The Best Practices Procurement Manual (BPPM) discusses competitive proposals in section 4.3. (b) As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test. (Revised: May 2017). Finally, maintenance services that are performed on an ad hoc, or one time basis are not subject to the rules. Secure .gov websites use HTTPS If an employee or position description calls for that position to fill a safety-sensitive function, for example on a part-time or even emergency basis, then that position would be covered despite the fact that the day-to-day activities are not safety-sensitive. (Posted: September, 2010). The FTA re-wrote the drug and alcohol rules on August 9, 2001. Don't wait. This section does not apply to the following: an employer who receives funding under 49 U.S.C. Additionally, TestNotice keeps historical records of each date your identifier is posted for random testing, so you don't have to worry about having data if you need to go back to court. In the re-write, "maintenance contractors" were better defined. It is not a requirement to escort employees to random tests. (Revised: May 2017). Drug and alcohol testing. If you are in doubt concerning a specific contract we will have FTA review it for you. (h) Each employer shall require that each covered employee who is notified of selection for random drug or random alcohol testing proceed to the test site immediately. Check back often for updates and the latest information!

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