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

which are effective on August 1, 2001. This consistency is necessary in order to avoid
overlap, conflict, duplication, or confusion among DOT drug and alcohol testing
regulations. Unless this rule goes into effect immediately, there would be a 30-day
period in which Part 40 would be in effect without FTA’s conforming amended final rule.
Since the new Part 40 was published over seven months ago, affected parties have had
ample time to prepare to implement the changes in Part 40 to which this rule conforms.
I. Background
The Omnibus Transportation Employee Testing Act of 1991 (the Act) mandated
the Secretary of Transportation to issue regulations to combat prohibited drug use and
alcohol misuse in the transportation industry. (Public Law 102-143, October 28, 1991,
FTA sections codified at 49 U.S.C. 5331). In December 1992, FTA issued two NPRMs
to prevent prohibited drug use and alcohol misuse by “safety-sensitive” employees in the
transit industry. In February 1994, FTA adopted drug and alcohol testing rules, which
were promulgated at 49 CFR Parts 653 and 654.
Omnibus Transportation Employee Testing Act of 1991
The Act requires FTA to issue regulations requiring recipients of Federal transit
funds under 49 U.S.C. 5307, 5309, and 5311, and 23 U.S.C. 103(e)(4) to test safety-
sensitive employees for the use of alcohol or drugs in violation of law or federal
regulation. With respect to railroad operations, the Act allows FTA to defer to
regulations issued by the Federal Railroad Administration (FRA).
As a condition of FTA funding, the Act requires recipients to establish alcohol
and drug testing programs. The Act mandates four types of testing: pre-employment,
random, reasonable suspicion, and post-accident. In addition, the Act permits return-to-
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