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

methadone, methaqualone, barbiturates,
and benzodiazepines). Recently,
laboratories have developed testing
protocols for the drug Ecstasy
(methylenedioxymethamphetamine, or
MDMA). If you wish to test for other
than the five drugs specified by the
regulation, you must collect a separate
urine specimen in addition to the FTA
specimen and notify the employee that
this specimen is being tested under
company authority. The testing must be
kept separate to ensure that the integrity
of the FTA-mandated tests are not
compromised.
Providing an Employee Assistance
Program
Employee Assistance Programs are
not required by the FTA regulations.
However, many employers provide these
services, which are valued as a costeffective
employee benefit. In many
cases, EAPs provide SAP services. EAPs
are traditionally offered by the employer,
by a health care provider under contract
with the employer, or by a health care
provider not affiliated with the employer.
If an EAP is available, it should be noted
in the policy statement.
Section 7. THE
CONSEQUENCES OF
FAILURE TO COMPLY
Each recipient of FTA funds under 49
U. S. Code 5307, 5309, or 5311 or under
23 U.S. Code 103(e)(4) must certify
compliance with these requirements on
an annual basis or lose its eligibility for
FTA federal funding (§655.82). Entities
that receive FTA funding through Section
5307 and Section 5309 in urbanized areas
certify as part of their annual list of
Certifications and Assurances for FTA
Grants and Cooperative Agreements.
If a state certifies a transit system’s
compliance, then it is responsible to
ensure the system is complying with the
requirements. Subsequently, the state
DOT’s must certify annually on behalf of
their Section 5311 and Section 5309
recipients whose funding they administer.
Since rural systems do not necessarily
receive funding on an annual basis, FTA
recommends that states should require
annual letters from each of its current
subrecipients certifying compliance with
the drug and alcohol testing regulations.
A sample letter is provided in the Sample
Documentation section of this chapter.
A Section 5307, 5309, or 5311
subrecipient, through the administering
state, is subject to funding suspension
(§655.82). A recipient is subject to
criminal sanctions and fines for false
statements or misrepresentation under 18
U.S. Code 1001.
Chapter 2. Regulatory Overview 2-15 August 2002