FTA Drug and Alcohol Regulation Updates
Issue 10, page 6

MIS Reports

Where to Find? .....

49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs

Amended:
February 15, 1994
Federal Register Vol. 59
Pages 7340-7366
Primary Topic: DOT Alcohol Testing Procedures
Procedures for Split Sample
Procedures for Drug Testing

August 19, 1994
Federal Register Vol.59
Pages 42996-43018
Primary Topic:  Clarified Urine Specimen and Collection Procedures and Clarified Alcohol Testing Procedures

April 19, 1995
Federal Register Vol.60
Pages 19535-19537
Primary Topic:  Standardized Chain of Custody and Control Form

April 20, 1995
Federal Register Vol.60
Pages 19675-19681
Primary Topic:  Established Procedures for Use of Non-evidential Alcohol Screening Devices

 

 

 

The information presented on this page should be used to update Chapter 9 of the Implementation Guidelines.

Avoid Common Mistakes on MIS Forms

The Volpe National Transportation Systems Center, which is under contract to FTA, is responsible for verifying the accuracy and validity of the information provided on the MIS forms by employers that are subject to the FTA drug and alcohol testing regulations.  The Volpe Center has identified common reporting mistakes and has provided the following guidance to help you avoid those mistakes: 

¨    Initial Training.  Employers typically report all safety-sensitive employees that are trained.  Instead, employers should only report the number of safety-sensitive employees that received their initial sixty minutes of training during the calendar year.  Typically, the number will correspond to the number of new hires and transfers into safety sensitive positions, and new supervisors regardless of whether they perform safety-sensitive job functions.  Employers should not include refresher training.

¨    Covered Employees.  Employers often put revenue vehicle operators in the “CDL/ Non-Revenue” category because they have CDLs. Similarly, employers include non-transit personnel that have CDLs but who are covered by the FHWA regulation.  Instead, all transit revenue vehicle operators should be reported as revenue vehicle operators regardless of whether they have a CDL or not, and regardless of whether they actually collect a fare or not.  Only transit employees that are required to have CDLs, but do not operate a revenue service vehicle (e.g., a truck) should be reported in the “CDL/Non-Revenue” category. 

¨    Blank Spaces.  Many of the forms submitted only have data entered into the boxes where actual testing was done, or where totals are required.  The other boxes are often left blank.  To ensure that entries have not been mistakenly omitted, please use zeros if no tests where conducted.

¨    Return-to-Duty Testing.  Some employers report all return-to-duty tests for employees who have come back to work after all absences (e.g., worker’s compensation).  Instead, only tests performed for those returning to work following a positive drug/alcohol test or test refusal under the FTA rules should be recorded as a return-to-duty test.  Tests that occur following a change in the individual employee status should be reported as pre-employment tests (see article on page 7, Issue 3 of the Updates).

¨    Non-Safety-Sensitive Employees.  If an employer includes all employees in its testing program whether they are safety-sensitive or not, they often report test results for all employees.  However, only tests performed on safety-sensitive employees covered by the FTA drug and alcohol regulations should be reported on the forms.

¨    Coast Guard Employees.  Employers sometimes mistakenly complete the column for Coast Guard covered employees.  If the agency has no Coast Guard covered employees, they should report zero in this column. 

These issues and others are addressed in the instructions included with the reporting forms.  Additionally, the electronic reporting “help files” provide detailed explanations.  Be sure when completing your forms that you refer to the definitions and explanations provided.  If you have any questions regarding completion of the forms, you should call the Volpe Center at (617) 494-6336.

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