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Post-Accident
Testing Checklist
The
FTA drug and alcohol regulations require testing for prohibited drugs and
alcohol in the case of certain transit accidents. To assist in clarifying or identifying these circumstances, the
FTA has developed this checklist for use by employers in their program assessments. The checklist includes regulatory requirements,
as well as “best practice” recommendations; it should not be construed as the
“last word” in regulatory compliance - it merely provides guidance.
o Are post-accident
tests conducted for accidents where there is loss of life?
o Are post-accident
tests required for non-fatal accidents unless the employee can be completely
discounted as a contributing factor?
¨
A non-fatal accident is defined as an occurrence associated
with the operation of a revenue service vehicle in which:
Þ an individual suffers
a bodily injury and immediately receives medical treatment away from the scene
of an accident; or
Þ one or more vehicles
involved incurs disabling damage as the result of the occurrence and is
transported away from the scene by a tow truck or other vehicle; or
Þ the rail vehicle or
vessel involved is removed from revenue service.
¨
Revenue service vehicles include not only trains, buses and
vans, but also non-revenue service commercial motor vehicles and vehicles used
by armed security personnel.
¨
Disabling damage means damage that prevents any of the
vehicles involved from leaving the scene of the occurrence in its usual manner
in daylight after simple repairs or damage to the vehicle such that it could
have been operated but would have further damaged the vehicle if so
operated. Disabling damage does not
include damage that could be remedied temporarily at the scene of the
occurrence without special tools or parts; tire disablement even if no spare
tire is available; or damage to headlights, tail-lights, turn signals, horn, or
windshield wipers that makes them inoperative (Fall/Winter Update, page 7).
o Are procedures in
place to determine when post-accident tests must be performed and who must be
tested? Do you use those procedures? Are the decisions documented?
o Are procedures in
place to determine if an employee can be completely discounted as a
contributing factor? Is a decision not
to test documented?
o Are policies and
procedures in place to test other safety-sensitive employees not on the vehicle
(e.g., maintenance personnel, dispatcher), but whose performance may have
contributed to the accident (as determined by the transit agency at the time of
the accident)? Are the procedures
utilized? Are test decisions
documented?
o If tests are performed
for accidents that do not meet the FTA definition, are the tests clearly
performed under the authority of the transit system using non-USDOT forms?
o Are policies and
procedures in place to ensure that post-accident drug and alcohol tests are
performed as soon as possible? Are
procedures in place to document the reason for delays (greater than 2 hours) in
the alcohol test? Are the procedures
followed?
o Are procedures in
place to discontinue efforts to obtain a drug test if more than 32 hours have
passed since the accident or more than eight hours have passed since the
accident for an alcohol test? Is the
explanation documented?
o In the rare event that
you are unable to obtain an FTA drug or alcohol test following an accident, are
you aware that you can request the results of tests administered by State or
local law enforcement officials (Winter 1999 Update,
Issue 10, page 2)?
o Does the transit
agency have internal policies and procedures in place to conduct testing any
time and anywhere individuals are performing safety-sensitive job
functions? This includes periods of
time outside of the normal business day and locations outside the agency’s
normal service area.
o Has the agency
designated who will determine whether a post-accident test is required, where
to report for testing, and how the employee will be transported to and from the
collection site?
(This information was excerpted from the Drug and Alcohol
Program Self Assessment Checklist developed for the Transportation Safety
Institute by RLS & Associates, Inc.)
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Where To Find?.....
49 CFR Part 654, Prevention of Alcohol Misuse in Transit Operation
February 15, 1994
Federal Register Vol. 59
Pages 7532-7571
Amended:
May 10, 1995
Federal Register Vol. 60
Pages 24765-24766
Primary Topic:
Suspension of Pre-employment Alcohol Testing
August 2, 1995
Federal Register Vol. 60
Pages 39618-39620
Primary Topic:
Exemption of Volunteers and
Post-Accident Testing Provision
December 8, 1998
Federal Register Vol. 63
Pages 67612-67613
Primary Topic: Use
of Law Enforcement Post-Accident Test Results
December 14, 1998
Federal Register Vol. 63
Pages 68818-68819
Primary Topic:
Random Alcohol Testing Rate at
10%
January 5, 1999
Federal Register Vol. 64
Pages 425-427
Primary Topic: Safety-Sensitive Maintenance Functions
Technical Corrections:
March 6, 1995
Federal Register Vol. 60
Pages 12296-12300
Primary Topic:
Corrections and Clarifications
The information presented on this page should be used to update Chapter 6
of the Implementation Guidelines.
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