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

employment in safety-sensitive
positions (see Chapter 6, “Types
of Testing,” Chapter 7, “Drug
Testing Procedures,” and Chapter
8, “Alcohol Testing Procedures”).
• Referral of the employee who has
violated the drug and alcohol
regulations to a Substance Abuse
Professional (see Chapter 9
“Substance Abuse Professional,
Rehabilitation and Treatment”).
• Administrative procedures for
record keeping, reporting,
releasing information, and
certifying compliance (see
Chapter 10, “Administrative
Requirements”).
Violations
Throughout this document, you will see
references to “violations” of or
“violating” the requirements. These
terms will refer to any safety-sensitive
employee who has:
• A verified positive drug test
• An alcohol concentration of 0.04
or greater
• Refused to submit to a test
• Adulterated or substituted a
specimen
Section 2. APPLICABILITY
Who Must Participate?
Any recipient or subrecipient of
federal financial assistance under 49
United States Code (USC) Sections 5307,
5309, or 5311 of the Federal Transit Act
as amended, or any recipient of federal
financial assistance under Section
103(e)(4) of Title 23 of the United States
Code must comply with these regulations
(§655.3). Generally, these are transit
agencies that receive FTA funding and
state agencies that assist in distributing
FTA funding to transit agencies. Section
5310 operators that do not receive any
Section 5307, 5309, or 5311 funding are
exempt from the FTA drug and alcohol
regulations, but may be covered by the
Federal Motor Carrier Safety
Administration’s (FMCSA) drug and
alcohol testing regulation if the vehicle
operators are required to hold
Commercial Driver’s Licenses (CDL).
Chapter 2. Regulatory Overview 2-2 August 2002