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

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has a confirmed alcohol concentration of<br />

0.02 or greater, but less than 0.04. This<br />

includes the mandatory requirement that<br />

the individual be removed from safetysensitive<br />

duties until the next regularly<br />

scheduled duty period, but not less than 8<br />

hours following the test, unless a retest<br />

measures less than 0.02.<br />

Any further action (e.g., suspension,<br />

termination) taken against the employee is<br />

left up to the discretion of the employer,<br />

consistent with law. Whatever the<br />

employer authorized consequences may<br />

be, these actions must be clearly described<br />

in detail in the policy. For every<br />

prohibited behavior covered in the policy,<br />

there should be a corresponding<br />

consequence. The policy should state that<br />

these additional actions are imposed under<br />

employer authority, and are not mandated<br />

by FTA.<br />

Section 2. ADDITIONAL<br />

EMPLOYER PROVISIONS<br />

The policy statement may provide<br />

additional detail or include additional<br />

requirements not mandated by FTA, as<br />

long as those provisions are identified as<br />

being included under the employer’s own<br />

authority. The additional provisions must<br />

not contradict, discourage, or in any way<br />

confuse the minimum FTA requirements.<br />

Section 2.2 of the Best Practices manual<br />

addresses some of these additional<br />

provisions and provides examples of<br />

policies.<br />

There are several major policy<br />

initiatives, however, that FTA and/or the<br />

DOT have identified for consideration<br />

when employers formulate their policy<br />

statements. These policy initiatives are<br />

discussed in the following section.<br />

Inclusion of Policy on Prescription and<br />

Over-the-Counter Medications<br />

Although not addressed in the FTA drug<br />

and alcohol testing rules, the FTA<br />

encouraged all grant recipients in a “Dear<br />

Colleague” letter to educate transit operators<br />

about the risks of using prescription and<br />

over-the-counter medications. Grantees<br />

were encouraged to include policy<br />

provisions regarding an employee’s use of<br />

over-the counter and prescription<br />

medications that could jeopardize public<br />

safety.<br />

Specifically, the policy should address<br />

medications that cause drowsiness, impair<br />

cognitive or mental abilities. FTA<br />

recommends that safety-sensitive employees<br />

enter into a dialogue with their physician or<br />

pharmacist regarding the side effects of<br />

medications and inquire about potential<br />

alternative treatments that will not<br />

jeopardize the individual’s ability to perform<br />

job functions safely. The list is not<br />

definitive or all-inclusive, but it is provided<br />

for general awareness. The best source of<br />

additional information on these or other<br />

prescriptions and over-the-counter<br />

medications is your MRO.<br />

Chapter 4. Policy Development and Communication 4-5 August 2002

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