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

ecommended that FTA impose schedules for when the employee and supervisor
training requirement should occur and the frequency with which it should be scheduled.
FTA Response. FTA believes that simplifying the contents required in the Policy
Statement reduces the administrative burden while maintaining an employer’s discretion
to craft a Policy Statement that includes additional requirements not mandated by FTA.
FTA also believes that it would be an undue burden to mandate an industry-wide training
schedule. The final rule recognizes the diversity of employee-management relationships
within the transit industry and also strikes a reasonable balance with the requirement for
employee and supervisor training. However, a grantee may choose to include additional
requirements not mandated by FTA, i.e., recurring training and employee rights. If a
grantee does so, the grantee’s policy shall indicate that those additional requirements are
the employer’s, and not FTA’s. FTA also believes that it is reasonable for employers to
incorporate by reference 49 CFR Part 40 in their Policy Statements and make it available
for review by employees when requested.
Subpart E – Types of Testing
A. Pre-employment Drug Testing (§655.41).
FTA notified the public of the intent to eliminate the phrase “hire” in this
provision of the rule. Previously, employers were required to administer a drug test and
receive a negative result before hiring an employee.
FTA also notified the public of its proposal to require a pre-employment test for
covered employees who are away from work for more than 90 consecutive calendar days
and plan to return to a safety-sensitive function. It is FTA’s intent that employers assure
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