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

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for employees what is meant by on-duty<br />

(e.g., report time, clock time, etc.).<br />

However, a reasonable suspicion test for<br />

alcohol can only be conducted when the<br />

observations are made during, just<br />

preceding, or just after the performance of<br />

safety-sensitive functions. If a reasonable<br />

suspicion alcohol test is not conducted<br />

within 2 hours following the observations<br />

that led to the determination, the employer<br />

must document the reason for the delay. If<br />

an alcohol test is not administered within 8<br />

hours following the determination, the<br />

employer must cease attempts to administer<br />

the test and document the reasons for the<br />

delay that resulted in the cessation of the<br />

test.<br />

Figures 6-3 and 6-5 at the end of this<br />

chapter, illustrate the reasonable suspicion<br />

testing processes for alcohol and drugs.<br />

Section 3. POST-ACCIDENT<br />

TESTING<br />

The FTA regulations (§655.44) require<br />

testing for prohibited drugs and alcohol in<br />

the case of certain transit accidents or<br />

incidents that meet the FTA definition.<br />

There is a significant difference between<br />

reasonable suspicion testing and postaccident<br />

testing. Reasonable suspicion<br />

requires some indication of probable linkage<br />

between behavior or events and substance<br />

abuse before a test can be requested. Postaccident<br />

testing is mandatory for accidents<br />

where there is loss of life associated with the<br />

operation of a revenue service vehicle. Postaccident<br />

tests are required for other nonfatal<br />

accidents unless employee performance can<br />

be discounted completely as a contributing<br />

factor.<br />

An accident (§655.4) is defined as an<br />

occurrence associated with the operation of<br />

a vehicle in which:<br />

• An individual dies;<br />

• An individual suffers a bodily injury<br />

and immediately receives medical<br />

treatment away from the scene of an<br />

accident;<br />

• The mass transit vehicle involved is<br />

a bus, electric bus, van, or<br />

automobile in which one or more<br />

vehicles incurs disabling damage as<br />

the result of the occurrence and is<br />

transported away from the scene by a<br />

tow truck or other vehicle; or<br />

• The mass transit vehicle involved is<br />

a railcar, trolley car, trolley bus (on a<br />

fixed guideway or overhead wire), or<br />

vessel, and is removed from<br />

operation. This definition does not<br />

include rubber-tire look-alike<br />

historical trolley buses that operate<br />

on surface roads without a fixed<br />

guideway. These vehicles are<br />

considered buses under the previous<br />

definition.<br />

Damage that precludes the departure of<br />

any vehicle from the scene of the occurrence<br />

in its usual manner in daylight hours after<br />

simple repairs is known as “disabling<br />

damage.” Disabling damage includes<br />

damage to vehicles that could have been<br />

operated, but would have caused further<br />

damaged if so operated.<br />

Disabling damage does not include<br />

damage that could be remedied temporarily<br />

at the scene of the occurrence without<br />

special tools or parts, tire disablement<br />

without other damage even if no spare tire is<br />

available, or damage to headlights, taillights,<br />

Chapter 6. Types of Testing 6-7 August 2002

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