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

Q. How much training are employers required to provide under these regulations?
A. No specific training is required for safety-sensitive employees for alcohol misuse; however,
60 minutes of instruction is required for employees on prohibited drug use. Supervisors who
make reasonable suspicion determinations must receive 60 minutes of training for drugs and
60 minutes to detect the signs and symptoms of alcohol misuse for a combined total of 2
hours.
RECORD KEEPING
Q. The rule mandates the retention of many records for varying periods of time. Who
would be responsible for maintaining the records of an agency that ceased operation –
especially private nonprofit agencies that have no direct connection with a successor
agency?
A. Recipients have the ultimate responsibility to maintain the records. In the case of a defunct
agency, the recipient would be responsible to FTA for maintaining the records. The
company should ensure that this requirement is met in the event of the situation described
above. A possible repository of these records could be the state DOT or its legal counsel.
Q. The confidentiality of tests is an integral part of the overall program. Can results of
alcohol or drug tests be kept as part of a permanent personnel file, especially if the files
contain other materials that are part of a grievance or termination process?
A. Employers are required to maintain drug and alcohol testing records in a secure manner, so
that disclosure of information to unauthorized persons does not occur. It is suggested that
test results be maintained in a confidential drug and alcohol file separate from personnel files
to ensure employee privacy and prevent unauthorized information disclosure.
Q. How should forms be filled out when one person performs several safety-sensitive
functions? In small agencies a supervisor may be a backup driver or a driver may
double as a dispatcher.
A. The employee should be accounted for in whichever safety-sensitive function constitutes the
most of his or her on-duty time.
REHABILITATION
Q. Does the FTA require treatment or rehabilitation as a mandatory requirement of a
transit operator’s substance abuse program? If so, who pays?
A. The FTA does not require rehabilitation for employees. If an employee undergoes treatment,
the rule does not address the issue of who should pay for it. We believe that this issue should
be decided at the local level.
Appendix G. Questions and Answers G-8 August 2002