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

GENERAL ISSUES
Appendix G. Questions and Answers
Q. Under what authority did FTA create this rule?
A. The Omnibus Transportation Employee Testing Act of 1991 has given FTA the necessary
statutory authority to require its grantees to implement both drug and alcohol testing
programs. This act also gives the FTA specific statutory authority to pre-empt inconsistent
State or local laws with regard to drug and alcohol testing.
Q. How will the Federal Transit Administration ensure compliance with the regulations?
A. Recipients of Federal funds must certify annually that they are in compliance with these
regulations. False certification is a violation of federal law. Each recipient must complete
annual reports summarizing the results of its drug and alcohol testing programs, and upon
request, submit them to FTA. A full review and evaluation of the performance of grant
recipients is conducted every 3 years under FTA’s Triennial Review process. In addition, the
FTA conducts drug and alcohol oversight compliance audits on a random basis. All four
processes will be used to determine compliance.
Q. Who will regulate employees subject to the jurisdiction not only of the FTA but also of
other modes as well?
A. The FTA has resolved jurisdictional issues with other modes having concurrent jurisdiction
over transit employees. In general, the FTA rule will apply to safety-sensitive employees of
its grantees, except for ferryboat operators covered under the U.S. Coast Guard. The details
of this deferral mechanism are spelled out in the FTA rule.
Q. What are the consequences if employers do not comply with the FTA drug and alcohol
regulations?
A. Compliance with these regulations is a condition of FTA funding. Failure to implement drug
and alcohol programs pursuant to the regulations may result in suspension or termination of
FTA funding.
Q. Contract employees are deemed to “stand in the shoes” of covered employees. How
does this impact the user-side subsidy programs? Are taxi drivers, dispatchers, and
mechanics subject to the FTA rule? Would all taxi drivers in a firm be subject to
testing even if only a small part of their business involved a user-side subsidy supported
through an FTA program?
A. To the extent that a taxi company does not provide service under an arrangement with an
FTA recipient, but is chosen by a passenger, it would not be subject to the rule. If, however,
the taxicab company or private operator provides service under an arrangement with an FTA
Appendix G. Questions and Answers G-1 August 2002