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

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U.S. Department of Labor. What Works: Workplaces Without Drugs, August 1990. The National Clearing House for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729-6686; FAX: (301) 468-6433. U.S. Department of Health and Human Services Publications Alcohol Alert No. 44: Alcohol in the Workplace- July 1999. The National Clearinghouse for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729- 6686; FAX: (301) 468-6433. Cost Effectiveness and Preventive Implications of Employee Assistance Programs. The National Clearinghouse for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729-6686; FAX: (301) 468-6433. CSAP Substance Abuse Resource Guide: Employee Assistance Programs MS439. The National Clearinghouse for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729-6686; FAX: (301) 468-6433. CSAP Substance Abuse Resource Guide: Prevention in the Workplace MS704A, 1993. The National Clearinghouse for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729-6686; FAX: (301) 468-6433. Additional Resources Center for Substance Abuse Protection – Drug Free Workplace Helpline (1-800-843-4971). Model Plan for a Comprehensive Drug-Free Workplace Program, 1990 (DHHS Publication No. (ADM) 90-1635). The National Clearinghouse for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729-6686; FAX: (301) 468-6433. Comprehensive Procedures for Drug Testing in the Workplace, 1991 (DHHS Publication No. (ADM) 90-1635.) The National Clearinghouse for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729-6686; FAX: (301) 468-6433. Publications Catalog, 2002. The National Clearinghouse for Alcohol and Drug Information, P.O. Box 2345, Rockville, MD 20847. Telephone: 1-800-729-6686; FAX: (301) 468-6433. Blind Sample (Quality Control). A listing of the organizations that provide samples can be received from DHHS, Division of Workplace Programs. Telephone: (301) 443-6014. FTA Safety & Security Bulletin Board (1-800-231-2061). Appendix B. Additional Resources B-3 August 2002
Web sites Resources from the Federal Transit Administration Office of Safety and Security Office of Safety and Security http://transit-safety.volpe.dot.gov/safety/DATesting.asp Web site has information on the following topics: • Regulation and Frequently Asked Questions • 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations. • Substance Abuse Publications • Documents and Reports relating to Substance Abuse, including yearly DAMIS annual reports, located in Publications section of this web site. • Seminar Presentations • Current and Previous Drug and Alcohol Regulation Updates Newsletters • Audit Program Items related to the Drug and Alcohol Audit Program • Emerging Issues • New items relating to Drug and Alcohol Testing • Legal Interpretations Drug and Alcohol Testing Regulations Interpretation Letters Publications available from the FTA Web site http://transit-safety.volpe.dot.gov/publications/default.asp#Substance The following publications are available on the FTA Web site: • Best Practices Manual: FTA Drug and Alcohol Testing Program • DOT Urine Specimen Collection Guidelines for the U.S. Department of Transportation Workplace Drug Testing Programs • The Substance Abuse Professional Guidelines • Drug and Alcohol Testing Results 2001 Annual Report • Drug and Alcohol Testing Results 2000 Annual Report • Drug and Alcohol Testing Results 1999 Annual Report • Drug and Alcohol Testing Results 1998 Annual Report • Drug and Alcohol Testing Results 1997 Annual Report • Drug and Alcohol Testing Results 1996 Annual Report • Reasonable Suspicion Referral for Drug and Alcohol Testing • Drug and Alcohol Consortia Manual Resources from the Office of Drug and Alcohol Policy and Compliance http://www.dot.gov/ost/dapc/prog_guidance.html Drug and Alcohol Regulations http://www.dot.gov/ost/dapc/regulations.html Appendix B. Additional Resources B-4 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
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Greater Expertise. The FTA and DOT
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Section 2. CONSIDERATIONS IN ESTABL
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esults (≥0.02) between the BAT an
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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 282 and 283: AA Alcoholics Anonymous Appendix A.
Page 284 and 285: RFP Request for Proposal RIA Radio
Page 286 and 287: Newsletters Appendix B. Additional
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
Page 332 and 333: Q. Can transit operators receive wa
Page 334 and 335: Q. If an employee changed jobs prio
Page 336 and 337: 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
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annual percentage rate under this p
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(a) Each employer shall require a c
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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 ....
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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
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Have employees been notified that p
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⎯ Add a bluing agent to the toile
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Are employees who are subject to te
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LABORATORY TESTING Are all drug tes
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⎯ Direct the analysis of the spli
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Is only one test conducted at a tim
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Does the BAT notify the employer’
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Does the SAP evaluate whether a saf
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ADMINISTRATIVE REQUIREMENTS If a pr
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Are procedures in place to have emp
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hours following the accident, the e
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Are random numbers substituted only
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Are employees that are subject to f
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OTHER TRAINING Consistent with the
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♦ Documents presented by a covere
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CERTIFICATION ♦ Each year transit
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A R DMINISTRATIVE EQUIREMENTS Do th
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DRUG AND ALCOHOL POLICY REVIEW QUES
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Meeting FTA thresholds; Meeting dru
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CONSEQUENCES OF A FAILED OR REFUSED
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How much notice is given to the emp
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RECORDS MANAGEMENT QUESTIONNAIRE AP
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If the information requested is not
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Has the employer met the minimum an
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Do the records indicate that any dr
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Does the employer utilize the stand
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If tests are cancelled because of a
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If you conducted the initial test,
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SALIVA TEST TECHNICIAN QUESTIONNAIR
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MEDICAL REVIEW OFFICER (MRO) QUESTI
Page 659 and 660:
What action would you take if the s
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• • • As the SAP, can you sub
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Do you assist your members in any w
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