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49 CFR Part 655,
Prevention of Alcohol Misuse and Prohibited Drug
Use in Transit Operations
August 9, 2001
Federal Register Vol. 66
Pages 41996 - 42036
The information presented on this page should be used to update Chapter 2 of the Implementation
Guidelines.
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Part 655 Summarized
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The final rule on the prevention of alcohol misuse and prohibited drug use in transit operations (49 CFR Part 655) went into effect on August 1, 2001. The final rule does not vary significantly from the proposed rule described in the Notice of Proposed Rulemaking (NPRM) published on April 30, 2001.
The final rule successfully combines the FTA’s drug (49 CFR Part 653) and alcohol (49 CFR Part 654) rules and conforms to the Department of Transportation’s (DOT) new drug and alcohol testing procedures rule (49 CFR Part 40). In addition, the FTA received 84 comments in response to the NPRM. Where appropriate, modifications and/or clarifications were made to reflect the merits of these comments.
Each of the major changes is summarized on this and the following pages. The reader should note, however, that only the major highlights are discussed herein. Readers are strongly encouraged to read the regulatory text including the preamble and section-by-section discussion to obtain their own understanding of the regulatory requirements.
Basic Components Remain the Same
The basic components of the regulation including the testing of safety-sensitive employees for the use of controlled substances and the misuse of alcohol, and the requirement for a policy statement, education, and consequences remain virtually the same. The five illegal drugs that are prohibited (i.e., marijuana, cocaine, amphetamine, opiates, and phencyclidine) are the same, as are the five testing categories (i.e., pre-employment, random, reasonable suspicion, return-to-duty, and follow-up). FTA also chose to keep the training requirements the same, but acknowledged that employers may choose to enhance and/or expand their training program under their own authority.
Some Provisions are Omitted
Several provisions that were previously included in 49 CFR Parts 653 and 654 have been omitted from Part 655 as these have been addressed in the revised Part 40 that became effective on August 1, 2001. Specifically these topic areas are test refusals (§40.191 and §40.261), Substance Abuse Professional (SAP) roles and responsibilities (Part 40 Subpart O), return-to-duty testing (Part 40 Subpart O), and follow-up testing (Part 40 Subpart O).
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Policy Requirements Minimized
The requirements for a covered employer’s policy statement are defined in §655.15. The requirements represent the minimum components that must be included to be considered compliant. Employers are allowed the discretion to develop a policy statement that provides additional detail or that includes additional requirements not mandated by FTA as long as those provisions are identified as being included under the employer’s own authority. The simplification of the policy requirement is most noticeably demonstrated by the employer’s need only to reference that the system will abide by 49 CFR Part 40 in their policy instead of including detailed discussions of the testing procedures. Including this information by reference may result in a shorter, less cumbersome policy that is easier to keep updated. Employers who choose this method of reference, however, must subsequently ensure that the current version of Part 40 is available for review by employees when requested.
Volunteers Are Covered if They Receive Benefit
The definition of a covered employee (§655.4) clarifies that a volunteer is covered under the regulation if they are required to hold a commercial driver’s license (CDL) to operate a vehicle, or if they receive remuneration in excess of his/her actual expenses incurred in the provision of the volunteer activity.
Stand Down
Consistent with the stand-down waiver procedures defined in the revised Part 40 (§40.21), FTA included a new section (§655.5) that specifies the procedure for requesting a stand-down waiver. For more information on stand-downs, readers should consult the article provided on Page 6 of Issue 18 of this newsletter.
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