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

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AA Alcoholics Anonymous Appendix A. Acronyms AAMRO American Association of Medical Review Officers ACOEM American College of Occupational and Environmental Medicine ADA Americans with Disabilities Act ASAM American Society of Addition Medicine ASD Alcohol Screen Device ATF Alcohol Test Form BAC Breath Alcohol Concentration BAT Breath Alcohol Technician CCF Federal Drug Testing Custody and Control Form CDL Commercial Driver’s License CESAR Center for substance Abuse Research CFR Code of Federal Regulations CPL NHTSA Conforming Products List C/TPA Consortia/Third Party Administrator DAMIS Drug and Alcohol Management Information System DAPM Drug and Alcohol Program Manager DER Designated Employer Representative DFWA Drug-Free Workplace Act DHHS Department of Health and Human Services DOT Department of Transportation EAP Employee Assistance Program EAPA Employee Assistance Professional Association EASNA Employee Assistance Society of North America EBT Evidential Breath Testing (device) EMIT Enzyme Multiplied Immunoassay Technique FAA Federal Aviation Administration Appendix A. Acronyms A-1 August 2002
FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FPIA Fluorescein Polarization Immunoassay FRA Federal Railroad Administration FTA Federal Transit Administration GC Gas Chromatograph GC/MS Gas Chromatography/Mass Spectrometry HHS Department of Health and Human Services ICRC International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse MIS Management Information System MPO Metropolitan Planning Organization MRO Medical Review Officer MROCC Medical Review Officer Certification Council MS Mass Spectrometer NAADAC National Association of Alcoholism and Drug Abuse Counselors Certification Commission NCADI National Clearinghouse for Alcohol and Drug Information NHTSA National Highway Traffic Safety Administration NOPE Notice of Public Interest Exclusion NPRM Notice of Proposed Rulemaking NIDA National Institute on Drug Abuse NTSB National Transportation Safety Board ODAPC Office of Drug and Alcohol Policy and Compliance OST Office of the Secretary of Transportation OTC Over-the-Counter Medication PCP Phencyclidine PIE Public Interest Exclusion PM Program Manager Appendix A. Acronyms A-2 August 2002
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October 2009 Implementation Guideli
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Notice This document is disseminate
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METRIC/ENGLISH CONVERSION FACTORS E
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Table of Contents Chapter 1. INTROD
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Table of Contents (continued) Secti
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Chapter 1. INTRODUCTION Section 1.
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Transit employers may go beyond the
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Recommendation: Know the Regulation
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Sample Documentation Chapter 1. Int
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DHHS-Certified Laboratories, Center
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FTA Drug and Alcohol Management Inf
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Research And Special Programs Admin
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employment in safety-sensitive posi
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What happens in these cases? The pu
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Section 3. SAFETY-SENSITIVE • Ope
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performing the volunteer service ar
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Safety-sensitive Examples of Nation
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• A description of the consequenc
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projects, the employer should notif
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Sample Documentation Chapter 2. Reg
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Certification of Compliance for FTA
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4. Atlanta Federal Center Suite 17T
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1. Liability of Service Agents Yasu
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plaintiffs agreed that their positi
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FTA and FMCSA Regulatory Comparison
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FTA and FMCSA Regulatory Comparison
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process ensures that all critical c
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Chapter 3. Program Formulation 3-4
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Chapter 4. POLICY DEVELOPMENT AND C
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concentration of 0.04 or greater th
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has a confirmed alcohol concentrati
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MRO before the employer is notified
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policy with the requirement to form
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Do not assume that your contractors
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PRE-EMPLOYMENT DRUG TESTING NOTIFIC
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Sample Program Notification Letter
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authorized by the employer to make
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The 60 minutes of awareness trainin
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medications which could result in p
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employees who have problems with pr
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particular alcohol testing device t
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emain current with the regulations
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− Changes in Rules, Guidance and
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Exhibit 5-1 Summary of Education an
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Exhibit 5-3 Typical Agenda for Supe
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Exhibit 5-4 REASONABLE SUSPICION TR
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Chapter 6. TYPES OF TESTING Six typ
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Previous DOT Employer Record Check
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the “insufficient volume” proce
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for employees what is meant by on-d
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Nonfatal accidents involving a bus,
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Testing for drugs and alcohol follo
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iases in the process. To be conside
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1. Determine how frequently random
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In many small transit systems, ever
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Before making the return-to-duty re
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up testing program. The SAP must do
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Employee Discharged BAC >= 0.04 Con
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Employee Discharged Split Specimen
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Sample Documentation Chapter 6. Typ
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1) Accident Report Number: 2) Locat
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Chapter 7. DRUG TESTING PROCEDURES
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Recommendation Multiple Collection
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spouse, relative) or a close person
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The DOT requires the new version of
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9. The collector must direct the em
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evening contact telephone numbers i
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temperature range (90.0 to 100.0 F)
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publishes its final rule establishi
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for the preceding 6 months ending o
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Chapter 7. Drug Testing Procedures
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• The MRO will verify the test re
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The MRO may change a verified test
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direct the DER to have the employee
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employee for a retest under direct
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Sample Documentation Chapter 7. Dru
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Collection Site Checklist (cont.) (
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12. You may now wash your hands and
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Privacy Act Statement: (For Federal
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than an EBT, that is approved by th
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Breath Alcohol Technician (§40.213
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availability and the need for backu
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At the conclusion of the screen tes
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sufficient amount of breath. A medi
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In addition to stipulating the cons
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Sample Documentation Chapter 8. Alc
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[Federal Register: May 4, 2001 (Vol
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The Conforming Products List is the
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Highway Safety Programs; Model Spec
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45420 Federal Register / Vol. 65, N
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U.S. Department of Transportation (
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Section 1. SAP QUALIFICATIONS A sub
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Education/Treatment Program Referra
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Employers are not required to follo
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SAP, many employers have looked to
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10 weeks, with most sessions schedu
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_____________________________ _____
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FOLLOW-UP TESTING PROCESS SAP Input
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Alcohol Test Results
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when the applicant was assigned saf
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may arrange to have the consortium
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• Employers and service agents sh
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The list of randomly selected trans
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A. At a Nonprofit Agency or Indepen
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Reporting Period: Laboratory Name a
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Record Retention Checklists (page 2
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Retains CCF1 Split Lab - CCF1 Labor
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CCF1 Split Lab Retains - CCF1 Labor
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U.S. DEPARTMENT OF TRANSPORTATION D
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Chapter 11. CONSORTIA AND THIRD PAR
Page 232 and 233: Greater Expertise. The FTA and DOT
Page 234 and 235: Section 2. CONSIDERATIONS IN ESTABL
Page 236 and 237: esults (≥0.02) between the BAT an
Page 238 and 239: consideration. Thus, the more diver
Page 240 and 241: Section 5. IS A CONSORTIUM RIGHT FO
Page 242 and 243: • Procurement of testing services
Page 244 and 245: • Consider which consortium model
Page 246 and 247: Exhibit 11-1 Role of State DOTs in
Page 248 and 249: Exhibit 11-3 CONSORTIA RESPONSIBILI
Page 250 and 251: Chapter 12. PROGRAM MONITORING As a
Page 252 and 253: • Conduct periodic review of serv
Page 254 and 255: compliance. You are encouraged to c
Page 256 and 257: Chapter 13. THE DRUG-FREE WORKPLACE
Page 258 and 259: Violations of the act may result in
Page 260 and 261: Exhibit 13-1 DRUG-FREE WORKPLACE AC
Page 262 and 263: Chapter 14. SUBSTANCE ABUSE MANAGEM
Page 264 and 265: Notification of audit Requested mat
Page 266 and 267: them to move throughout the facilit
Page 268 and 269: above materials. ⎯⎯Procedures t
Page 270 and 271: DAY 3 Time Activity Team Address of
Page 272 and 273: Date of Collection Jan-01 Nov-00 Se
Page 274 and 275: Time of the Test Time of the Test 8
Page 276 and 277: Each auditor will discuss the porti
Page 278 and 279: Sample Re-audit Agenda DAY 1 Time A
Page 280 and 281: Index of Appendices Appendix A. Acr
Page 284 and 285: RFP Request for Proposal RIA Radio
Page 286 and 287: Newsletters Appendix B. Additional
Page 288 and 289: U.S. Department of Labor. What Work
Page 290 and 291: Other Government Web sites Drug and
Page 292 and 293: Appendix C Americans with Disabilit
Page 294 and 295: sensitive duties for the illegal us
Page 296 and 297: If the individual is qualified and
Page 298 and 299: allegation of discrimination under
Page 300 and 301: Appendix D. Certified Laboratories
Page 302 and 303: DrugProof, Divison of Dynacare 543
Page 304 and 305: One Source Toxicology Laboratory, I
Page 306 and 307: The following laboratories are volu
Page 308 and 309: Federal Register / Vol. 65, No. 141
Page 314 and 315: Appendix F. Fact Sheets Drug Detect
Page 316 and 317: Social Issues • Two-thirds of all
Page 318 and 319: • The euphoric stimulation increa
Page 320 and 321: • Paranoia • Profuse sweating a
Page 322 and 323: connection between marijuana smokin
Page 324 and 325: Opiates (Narcotics) Fact Sheet Opia
Page 326 and 327: Phencyclidine (PCP) Fact Sheet Phen
Page 328 and 329: Appendix G Questions and Answers
Page 330 and 331: ecipient, and someone other than th
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Q. Can transit operators receive wa
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Q. If an employee changed jobs prio
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Q. How much training are employers
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acceptable for the company-required
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Q. In a post-accident situation req
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employees and 50 non-DOT employees,
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Q: What actual address is required
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Q: Can a split specimen be sent to
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actual employee of the employer may
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Q: Must collectors, BATs, STTs, MRO
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an observer, or a monitor for co-wo
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Q: If a collector makes an error on
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Appendix H Terms and Definitions
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indirectly, one controls or has the
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Confirmation validity test Confirme
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These terms include any designee of
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Medical Review Officer (MRO) A pers
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Random test Reason to believe Reaso
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Safety-sensitive function Any of th
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trolley bus, or vessel. A “mass t
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49 CFR Part 40 Updated August 31, 2
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§ 40.89 What is validity testing,
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Page 4 of 100 § 40.287 What inform
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Page 6 of 100 Subpart A - Administr
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Page 8 of 100 Medical Review Office
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Page 10 of 100 § 40.17 Is an emplo
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Page 12 of 100 (b) You must request
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Page 14 of 100 (4) The collector's
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Page 16 of 100 (1) To avoid distrac
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Page 18 of 100 (f) Direct the emplo
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Page 20 of 100 (g) As the collector
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Page 22 of 100 participate in the D
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Page 24 of 100 (b) You must determi
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Page 26 of 100 (d) If you have not
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Page 28 of 100 December 31 of the p
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Page 30 of 100 (a) Review Copy 2 of
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Page 32 of 100 (1) As the DER, you
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Page 34 of 100 (i) Recent needle tr
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Page 36 of 100 (2) If you receive i
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Page 38 of 100 (iii) If a negative
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Page 40 of 100 (6) Result of the te
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Page 42 of 100 (d) When you receive
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Page 44 of 100 (1) Report that the
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Page 46 of 100 (2) There is not an
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Page 48 of 100 (c) The laboratory r
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Page 50 of 100 (6) The failure to d
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Page 52 of 100 partially meets thes
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Page 54 of 100 (c) As the user of t
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Page 56 of 100 (vi) You must then d
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Page 58 of 100 (i) You may transmit
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Page 60 of 100 (b) In the case of a
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Page 62 of 100 (iii) Key DOT drug t
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Page 64 of 100 § 40.295 May employ
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Page 66 of 100 (e) The requirements
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Page 68 of 100 accident drug test r
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Page 70 of 100 § 40.343 What tasks
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Page 72 of 100 and follow-up testin
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Page 74 of 100 (b) In exercising th
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Page 76 of 100 resubmit the matter
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Page 78 of 100 § 40.397 When does
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Appendix A to Part 40 - DOT Standar
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Appendix C to Part 40-DOT Drug Test
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Page 84 of 100 Appendix E to Part 4
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Appendix G to Part 40—Alcohol Tes
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Page 88 of 100
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Page 90 of 100
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I. Employer: Company Name: Page 92
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Page 94 of 100 The following form a
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Section III. Drug Testing Data Page
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Page 98 of 100 TIP ~ Even though so
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Page 100 of 100 Finally, additional
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Federal Register / Vol. 68, No. 250
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49 CFR Part 655
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2 Electronic access to this rule an
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duty and follow-up testing under sp
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When the drug and alcohol rules ini
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the consequences for prohibited dru
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Labor unions: 3 Trade associations:
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FTA Response. FTA opts not to inclu
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Since each employer uses its own te
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Most of the commenters to this sect
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themselves that employees can succe
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Several commenters responding to th
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service providers and the employer.
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esponsibility of FTA transit funds
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26 Federalism assessment. However,
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Part 655 - Prevention of Alcohol Mi
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655.52 Substance abuse professional
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(b) This part must be read in conju
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(2) The volunteer performs a safety
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Refuse to submit means any circumst
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An employer must have an anti-drug
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part. (c) Specific information conc
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(5) Phencyclidine. (c) Consumption
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concentration less than 0.04. This
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§655.43 Reasonable suspicion testi
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48 the reasons the alcohol test was
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(c) Rates for drug testing. (1) Whe
Page 559 and 560:
annual percentage rate under this p
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(a) Each employer shall require a c
Page 563 and 564:
56 for evaluating and resolving pro
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qualifying the supervisors to make
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60 (12) Number of covered employees
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post-accident alcohol test indicati
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equired to be maintained by this pa
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(b) A certification must be authori
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Drug-Free Workplace Act
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TABLE OF CONTENTS INTRODUCTION ....
Page 593 and 594:
egulations that have been made sinc
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The behaviors that are prohibited b
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⎯ An individual who refuses to su
Page 599 and 600:
Have employees been notified that p
Page 601 and 602:
⎯ Add a bluing agent to the toile
Page 603 and 604:
Are employees who are subject to te
Page 605 and 606:
LABORATORY TESTING Are all drug tes
Page 607 and 608:
⎯ Direct the analysis of the spli
Page 609 and 610:
Is only one test conducted at a tim
Page 611 and 612:
Does the BAT notify the employer’
Page 613 and 614:
Does the SAP evaluate whether a saf
Page 615 and 616:
ADMINISTRATIVE REQUIREMENTS If a pr
Page 617 and 618:
Are procedures in place to have emp
Page 619 and 620:
hours following the accident, the e
Page 621 and 622:
Are random numbers substituted only
Page 623 and 624:
Are employees that are subject to f
Page 625 and 626:
OTHER TRAINING Consistent with the
Page 627 and 628:
♦ Documents presented by a covere
Page 629 and 630:
CERTIFICATION ♦ Each year transit
Page 631 and 632:
A R DMINISTRATIVE EQUIREMENTS Do th
Page 633 and 634:
DRUG AND ALCOHOL POLICY REVIEW QUES
Page 635 and 636:
Meeting FTA thresholds; Meeting dru
Page 637 and 638:
CONSEQUENCES OF A FAILED OR REFUSED
Page 639 and 640:
How much notice is given to the emp
Page 641 and 642:
RECORDS MANAGEMENT QUESTIONNAIRE AP
Page 643 and 644:
If the information requested is not
Page 645 and 646:
Has the employer met the minimum an
Page 647 and 648:
Do the records indicate that any dr
Page 649 and 650:
Does the employer utilize the stand
Page 651 and 652:
If tests are cancelled because of a
Page 653 and 654:
If you conducted the initial test,
Page 655 and 656:
SALIVA TEST TECHNICIAN QUESTIONNAIR
Page 657 and 658:
MEDICAL REVIEW OFFICER (MRO) QUESTI
Page 659 and 660:
What action would you take if the s
Page 661 and 662:
• • • As the SAP, can you sub
Page 663:
Do you assist your members in any w
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