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

Q. Can transit operators receive waivers from the requirement of these rule?
A. No. The Omnibus Transportation Employee Testing Act does not give the FTA authority to
“waive” any particular requirement of this rule.
Q. Which DOT rule applies to Section 5310 recipients, FTA, or FMCSA?
A. Employees of Section 5310 recipients are not covered by FTA’s rule, but are covered by
FMCSA if the driver of the vehicle is required to have a CDL.
Q. Light rail systems that share tracks with the general railroad systems are covered by
the FRA. Whose rule applies if an employer has employees covered by more than one
DOT modal administration?
A. If a recipient operates a railroad as well as other mass transit services, its railroad operations
are subject to FRA’s rule, while its nonrailroad mass transit operators are subject to the FTA
rule.
Q. What about employers who operate ferry vessels that are regulated by the United
States Coast Guard (USCG)?
A. FTA has determined that ferry operations that receive federal transit funds and comply with
the USCG chemical testing and alcohol testing requirements at 46 CFR parts 4 and 16, and
33 CFR part 95 will be in concurrent compliance with the controlled substance testing
requirements of 49 CFR part 655. The ferry operators will also be in concurrent compliance
with most of FTA's alcohol testing requirements; however, they are required to continue to
comply with FTA's random alcohol testing requirements under 49 CFR part 655.45 because
random alcohol testing is a statutory requirement for FTA recipients, and the USCG does not
have a substantially similar provision.
RANDOM RATES
Q. What is the random testing rate for drugs and how is it determined?
A. The random drug testing rate is set at 50 percent. However, the rate may be lowered to 25
percent if the violation rate is less than 1.0 percent per year for 2 consecutive years.
Q. What is the random testing rate for alcohol and how is it determined?
A. The rule requires employers to randomly test for alcohol at 25 percent. However, the rate
may be lowered to 10 percent if the violation rate is less than 0.5 percent per year for 2
consecutive years. It may also be increased to 50 percent, if the violation rate is equal to or
greater than 1 percent for one year. FTA will publish a notice in the Federal Register
annually announcing its random alcohol testing rate based on the data collected from the
Appendix G. Questions and Answers G-4 August 2002