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

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when the applicant was assigned<br />

safety-sensitive duties.<br />

Also, the employer must keep copies<br />

of the employee consent forms<br />

required to obtain test results from<br />

previous DOT-covered employers,<br />

documentation of the employers<br />

good faith effort to obtain the<br />

information from the previous<br />

employers, and previous employer<br />

responses with corresponding<br />

documentation [§40.25; §40.333].<br />

• Random test records should include<br />

the CCF for all drug tests, the MRO<br />

test result report, and the ATF for all<br />

alcohol tests [§655.71(c)(1)].<br />

• Post-accident test records should<br />

include a reference to the accident<br />

(i.e., accident number, location, date)<br />

to ensure that the test records are<br />

attributed to the corresponding<br />

accident. The record must state the<br />

decision-making process of why a<br />

test was or was not conducted<br />

[§655.44(d)]. The record must<br />

document the reason for any delay<br />

that caused an alcohol test to occur<br />

more than 2 hours from the time of<br />

the accident, or that caused test<br />

attempts to cease because the alcohol<br />

test was delayed more than 8 hours<br />

from the time of the accident<br />

[§655.44(a)(2)(ii)]. The record<br />

should also include documentation of<br />

the reason for any delay that caused<br />

test attempts to cease because the<br />

drug test was delayed more than 32<br />

hours from the time of the accident.<br />

The documentation should also<br />

include the CCF with corresponding<br />

drug test result, and the ATF<br />

[§655.71(c)(1)].<br />

• Reasonable suspicion test records<br />

should include the supervisor’s<br />

documentation of the observation or<br />

event, which triggered the reasonable<br />

suspicion determination, the name of<br />

the employee involved, the date and<br />

time of the observation, the safetysensitive<br />

function being performed at<br />

the time of the observation,<br />

circumstances of the observation,<br />

and the objective facts that led to the<br />

determination. The record should<br />

also include the CCF, documentation<br />

of the drug test result, and the ATF<br />

[§655.71(c)(1)]. The record must<br />

state the reason for any delay that<br />

caused an alcohol test to occur more<br />

than 2 hours from the time of the<br />

observation, or that caused test<br />

attempts to cease because the alcohol<br />

test was delayed more than 8 hours<br />

from the time of the observation.<br />

The record should also include<br />

documentation of the reason for any<br />

delay that caused test attempts to<br />

cease because the drug test was<br />

delayed more than 32 hours from the<br />

time of the observation.<br />

Positive test result records should be<br />

maintained in individual employee files for<br />

at least 5 years. Positive drug test records<br />

must include the CCF, documentation from<br />

the MRO indicating the test result, split<br />

specimen test results, if any, and SAP<br />

referral [§655.71]. If possible, service agent<br />

credentials or pertinent information should<br />

accompany the positive test result. Positive<br />

alcohol test records (≥ 0.04) must include<br />

the ATF and the SAP referral. If possible,<br />

EBT calibration documentation and BAT<br />

certification should also accompany the<br />

ATF. Test records indicating an alcohol<br />

concentration of 0.02 or greater, but less<br />

than 0.04, must also be maintained for 5<br />

years.<br />

Chapter 10. Administrative Requirements 10-4 August 2002

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