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

work based on a past relationship,
then the contractor is covered
under the rule. The rule does not
apply when overhaul/rebuilding
work is done on a one-time,
incidental or emergency basis,
where there is no long-term
contract or ongoing relationship
between the grantee and its
contractors. Maintenance work
covered under the manufacturer’s
warranty is excluded.
Only the first-tier maintenance
contractors are included, thus,
maintenance subcontractors (e.g.,
second tier) are not covered by
the regulations. See the decision
tree provided in the Sample
Documentation section at the end
of this chapter for further
clarification.
FTA excludes maintenance
contractors that perform services
for grantees that receive funding
under Section 5309, 5307, and
5311 and serve an area under
200,000 in population.
• Providing security and carrying a
firearm on transit vehicles,
transfer points, and transit
facilities open to the public. This
does not include transit
administration buildings and
garage security. Similarly, local
law enforcement officers who
provide security services for
transit systems as part of their
everyday police activities and
who are not under the day-to-day
control or direct supervision of
the transit system, are not covered
by the FTA regulations.
Supervisors of employees in these
categories, who do not themselves
perform these functions, are excluded.
Only supervisors who perform one of the
safety-sensitive functions are covered.
Recommendation
Determine Who is Safety-Sensitive
Transit systems often have several
employee job classifications that, on the
surface, do not appear to be safetysensitive
(i.e., secretary, bus washer,
general manager). However, a system
should not rely on job titles alone, but
rather consider the actual job functions
that each employee performs when
determining their safety-sensitive status.
For example, a secretary who fills in for a
dispatcher during lunch breaks, a bus
washer who drives the revenue service
vehicles from the storage area to the wash
bay, or a general manager who
occasionally switches out vehicles, should
all be considered safety-sensitive even
though this safety function would not
necessarily be reflected in their job title.
Volunteers are exempt from the FTA
drug and alcohol testing requirements
unless they are required to operate a
vehicle that requires a Commercial
Drivers License. FTA defines volunteers
as non-employees who perform a service
as a charitable act without the expectation
of receiving benefit. Those who provide
charitable services in return for some
benefit (i.e., workfare, community
service as an alternative to a criminal
sentence, academic credit, or payment by
another agency) remain covered by the
rule. Volunteers who receive mileage
reimbursement only are not considered to
receive a benefit and as a result, are not
covered. However, volunteers who
receive remuneration in excess of their
personal expenses incurred while
Chapter 2. Regulatory Overview 2-7 August 2002