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

drugs, alcohol, or both. The plan should be
developed based on the unique
circumstances of the individual.
At a minimum, the follow-up testing
plan must consist of at least six tests in the
first 12 months following the employee’s
return to safety-sensitive duties. A followup
testing plan that meets only these
minimums should be considered a rarity
rather than a rule as the follow-up program
should be unique to the individual and
should be aggressive enough to deter and
detect use of alcohol and prohibited drugs
by the employee. The follow-up testing
process should serve as an essential
component of the employee’s rehabilitation
process. Follow-up testing can last up to 60
months, but can be terminated by the SAP
anytime following the initial 12 months.
The SAP should not establish the actual
test dates, as the SAP will not necessarily be
knowledgeable about the employee’s work
schedule. Therefore, the responsibility to
schedule and carry out the follow-up tests is
the employer’s. Follow-up testing should be
spread throughout the year, and be
unpredictable and unannounced. Follow-up
testing is in addition to random testing.
Chapter 9. Substance Abuse
Professionals, Rehabilitation, and
Treatment
The requirements of the SAP’s followup
testing plan follow the employee to
subsequent employers or through breaks in
service [§40.305].
Aftercare [§40.303]. Individuals
enrolled in outpatient programs, self-help
groups, etc., may be allowed to conduct the
follow-up evaluation and the return-to-duty
test prior to completion of the full range of
recommended education and/or treatment.
This would only occur if the SAP believes
that the employee has reached a critical
point in their treatment program and made
significant progress in their rehabilitation
where they no longer pose a risk to public
safety. For example, an employee enrolled
in an 8-week out-patient program who
reaches a critical turning point in his/her life
in week six may be evaluated by the SAP
and allowed to return to duty prior to
completion of the 8-week program.
However, employees who are actively
enrolled in an in-patient or a partial inpatient
program should not be considered
eligible to return to duty prior to program
completion.
In the event individuals are allowed to
return to duty prior to completion of their
education/treatment program, the SAP is
required to recommend an aftercare program
that, among other things, will require the
employee to complete the treatment program
after returning to duty. Similarly, the SAP is
required to recommend an aftercare program
for those individuals who have completed an
education/treatment program, but are
believed by the SAP to be in need of
additional treatment or support to assist
him/her in maintaining sobriety or
abstinence from drug use following their
return to duty. The SAP recommendations
for aftercare must be included in the written
report provided to the employer following
the follow-up evaluation.
9-5 August 2002