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

• A description of the consequences for
violating the drug and alcohol
regulations including the mandatory
FTA requirements, and the
consequences for an alcohol
concentration of 0.02 or greater, but
less than 0.04.
A detailed discussion on the specific
requirements of the drug and alcohol
program policy statement is provided
later in Chapter 4, “Policy Development
and Communication.” An employer
may impose additional requirements as
long as the employee is informed that the
additional requirements are included
under the employer’s authority and the
provisions are not contrary to, or
inconsistent with the provisions set forth
in the rule.
Education and Training
You must provide educational
materials that explain the requirements of
the FTA drug and alcohol testing
regulations (§655.14) and your policies
and procedures to meet these
requirements for all safety-sensitive
employees. Information on the effects
and consequences of substance abuse on
personal health, safety, and the worksite,
as well as indicators of substance abuse,
must be provided.
Supervisors must receive additional
training on the physical, behavioral, and
performance indicators of substance
abuse and alcohol misuse if they are
responsible for determining when a
reasonable suspicion test is required.
Chapter 5, “Training,” provides greater
detail on the training requirements for
employees and supervisors.
Testing
You must establish a drug (§655.21)
and alcohol (§655.31) testing program
that follows FTA regulations for drug
testing (Chapter 7, “Drug Testing
Procedures”) and alcohol testing (Chapter
8, “Alcohol Testing Procedures”). The
types of tests are:
• Pre-employment
• Reasonable suspicion
• Post-accident
• Random
• Return-to-duty
• Follow-up.
Contractor Oversight
FTA recipients/subrecipients are fully
responsible for the compliance of their
safety-sensitive contractors. Therefore,
each system should have a procedure to
ensure that all covered contractors
comply with the rules. The FTA
regulation (§655.73(i)) allows employees
to disclose drug and alcohol testing
information, including individual test
results, to the state oversight agency or
grantee required to certify compliance to
FTA. Transit systems should not assume
that contractors are knowledgeable about
the regulatory requirements or that they
have compliant policies or programs. If
contractors are unwilling or unable to
comply with the regulations, the transit
system must discontinue using the
contractor for the performance of safetysensitive
duties, or they will jeopardize
their FTA funding. See Chapter 12 for
additional information.
Service Agent Oversight
Transit employers are responsible for
the integrity of their drug and alcohol
Chapter 2. Regulatory Overview 2-12 August 2002