Part 655 Summary (Continued)
Reasonable Suspicion Testing Procedures Clarified
Previously, FTA had indicated that only one trained supervisor was needed to make a reasonable suspicion determination. The Part 655 NPRM went further and prohibited employers from requiring second opinions. Commenters to the NPRM protested this provision and as such, FTA modified the language (§655.43(b)) and removed the prohibition. Consequently, employerswho have a policy that requires two or more supervisors to participate in or agree on the reasonable suspicion determination may be allowed to do so. The rule also stipulates, company officials other than supervisors may also make reasonable suspicion determinations as long as they have received reasonable suspicion training.
Post-Accident Testing Requirements Clarified
The new regulation (§655.44 (a) requires all covered employers to document the testing decision and the decision-making process for each accident. Documentation of the decision not to test is just as important as the documentation of the decision to test.
Part 655 (§655.44 clarifies that a post-accident test conducted by Federal, State, or local officials having independent authority for a test can only be used in the event the employer is unable to perform a post-accident test within the required timeframe. In this rare event, such tests can only be used if it conforms to the applicable Federal, State, or local testing requirements, and that the employer is able to obtain the test results.
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eliminates duplication by stating  The regulation (655.44 (a)) also that in the case of a fatality where the fatal accident testing requirements of the Federal Motor Carrier Safety Administration (FMCSA) rule (49 CFR 382.303(a)(1) and (b)(1)) apply, testing under the FTA rule is not required.
Annual Submission of MIS Reports Not Required By All
The Management Information System’s (MIS) forms that are required to be completed by all FTA covered employers on an annual basis have been modified to ease the reporting process and to eliminate much of the confusion that was generated by the previous version. The new forms are provided as Appendix A of Part 655. All FTA covered employers will continue to be required to complete the forms, but only a few selected using a stratified random sampling method will be required to submit their forms directly to FTA (§655.72). MIS records will also be subject to review during an FTA drug and alcohol testing program compliance audit, triennial review, or state management review.
Each recipient is responsible for ensuring the accuracy and timeliness of each report submitted by an employer, subrecipient, contractor, consortium or third party administrator acting on the recipient’s behalf.
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FTA Offers Training On Part 655
The Federal Transit Administration will be offering one-day briefings on Part 655 at various locations throughout the country. The briefings will provide a general overview of the Part 655 rule changes and should not be considered as a substitute for the more detailed TSI course discussed below. The briefings will be free with attendees responsible for their own travel and accommodations. A schedule of the dates and locations of the briefings is yet to be determined, but will be posted on FTA’s home page. Notices will also be mailed to recipients. If you would like to host a briefing or would like more information, contact Jennifer Whalley of the Volpe Center National Transportation Systems Center at (617) 494-2686, or e-mail at Whalley
@volpe.dot.gov.
The Transportation Safety Institute will once again offer the Substance Abuse Management & Program Compliance course that has been revised to incorporate Part 40 and Part 655 changes. The course will be provided for the direct cost of materials. If you are interested in attending or hosting a program, please contact TSI at (405) 954-3682.
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Q & A
Q: If an applicant has a negative dilute test result, can he/she be assigned safety-sensitive duties or do they have to be retested?
A: The test result may be treated as an negative and the person assigned safety-sensitive duties. However, §40.197 gives the employer discretion to direct the applicant to take another test immediately. Should you choose this later option, you must treat all applicants the same.
The information presented on this page should be used to update
Chapters 2 of the Implementation Guidelines.
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