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

a commenter indicated that the rule does not state that this provision is to be used in
limited circumstances. Another commenter stated that the employer should not be
permitted to use post-accident test results administered by local law enforcement because
the standards for these tests may be less than those imposed by DOT. One commenter
stated that FTA should not require post-accident testing when it is also required by
FMCSA.
FTA Response. FTA noted that the proposed rule did not state the limited
exception under which an employer may use the test results of a law enforcement agency.
The final rule is amended to indicate that an employer may use the post-accident test
results of a law enforcement agency when the employer is unable to test within the
required time frame established by FTA and the test is performed to the applicable
standards of the entity authorized to administer the drug or alcohol test. FTA and
FMCSA are amending their respective post-accident testing rule to eliminate the
requirement for duplicative post-accident testing of operators.
E. Random Testing (§ 655.45)
FTA reiterated in the NPRM that a primary purpose of random testing is
deterrence. Deterrence is most effectively achieved with random, unpredictable drug and
alcohol testing that is conducted throughout all workdays and hours of service.
Although the majority of commenters supported the concept of random drug
testing, a significant number indicated that employers in rural areas have an increased
burden complying with this provision. They have difficulty in obtaining testing services
after normal business hours within their areas and/or because of distances between testing
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