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

Nonfatal accidents involving a bus,
electric bus, van, or automobile must meet
the definition of an accident for these types
of vehicles (injury or disabling damage) to
be considered an accident. For these
vehicles, “removal from operation” is not a
criteria for a post-accident test. Thus,
employers that take a road surface vehicle
(i.e., non-fixed guideway) out of service
without meeting the other criteria (i.e.,
disabling damage or bodily injury that
requires immediate medical treatment away
from the scene) may not conduct a postaccident
test under FTA authority. The
portion of the definition that addresses
“removal from operation” is the portion that
deals only with vehicles on fixed guideways
(i.e., rail car, trolley car, trolley bus) or
vessels. The definition for these vehicles
does not include disabling damage.
Other Accidents (Non-DOT)
Other accidents that do not meet these
criteria may be conducted under the
employer’s own authority, but not under the
authority of the FTA regulation. Thus,
employers that choose to test for accidents
that meet a property damage threshold,
backing accidents, etc., must do so under
their own authority using non-DOT forms.
All Accidents
Post-accident drug and alcohol tests
must be performed as soon as possible
following the accident. If an alcohol test is
not administered within 2 hours following
the accident, the employer must still attempt
to administer the test, and must also prepare
and maintain on file a record stating the
reason(s) the test was not promptly
administered. This documentation
requirement should not be misconstrued to
mean that employers have 2 hours to get an
alcohol test conducted. To the contrary, the
2-hour provision only triggers when
documentation of the delay is required. The
alcohol test must be conducted as soon as
possible following the accident. If an
alcohol test is still not administered within 8
hours following the accident, the employer
shall cease attempts to administer an alcohol
test and shall maintain records on why the
test was not performed. Likewise, if a drug
test has not been performed within 32 hours,
the employer must cease attempts to conduct
the drug test and document why the test was
not administered.
Employers must ensure that testing
services are available at all times and in all
locations where safety-sensitive functions
are performed. Unavailability of testing
sites is an unacceptable explanation for not
conducting a test. Employers should review
their operations to determine if there are
locations or time periods that cannot be
served by the primary collection site. If
gaps in testing coverage exist, the employer
must establish alternative procedures in
anticipation of accidents during these times.
If procedures are not established in advance,
the employer may be unable to administer
required tests.
The circumstances that require a postaccident
test for drugs are the same
circumstances that require a post-accident
test for alcohol. Therefore, every accident
that meets the FTA accident definition must
result in both a drug and alcohol test. The
only circumstance where a drug test would
be conducted, but not an alcohol test, is in
the rare event the employee is unavailable
(e.g., unconscious, incarcerated) for an
alcohol test during the 8-hour window, but is
available within the 32-hour window for
drugs. The chart on the following page
illustrates the post-accident decision
process.
Chapter 6. Types of Testing 6-9 August 2002