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

esponsibility of FTA transit funds which is required to certify compliance under this
part.
IV. Effect of the Americans With Disabilities Act of 1990 on Alcohol Testing
Programs
Title I of the Americans With Disabilities Act of 1990 (ADA) focuses on
employers’ responsibilities toward employees with disabilities. According to Title I, an
employer must provide reasonable accommodations for work for persons with
disabilities. Some covered workers are considered persons with disabilities for purposes
of protection under the ADA. This issue was treated more fully in the 1994 DOT-wide
preamble (59 FR 7302, 7311-14, February 15, 1994).
V. Regulatory Process Matters
A. Executive Order 12866
FTA has evaluated the industry costs and benefits of this rule, which require that
transit industry personnel who perform safety-sensitive functions be covered by a
program to control illegal drug abuse and alcohol misuse in mass transportation
operations. This rule makes no noteworthy substantive changes. Any incremental costs
are negligible, and the policy and economic impact will have no significant effect.
B. Departmental Significance
This rule is a “non-significant regulation” as defined by the Department’s
Regulatory Policies and Procedures because, while it involves an important
Departmental policy that is likely to generate a great deal of public interest, in the larger
scheme, it is simply a combination of two existing regulations (49 CFR Parts 653 and
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