FTA Drug and Alcohol Regulation Updates
Issue 11, page 4

FTA/FHWA Comparison

Q & A

Q.   If an employee is involved in an accident when driving a transit system maintenance vehicle (i.e., tow truck), the vehicle receives disabling damage, and the employee cannot be completely discounted as a contributing factor, should there be an FTA post-accident test?

 

A.   Yes, if the vehicle requires a CDL to operate.  The technical corrections to the regulations published on March 6, 1995 changed the definition of mass transit vehicle to include not only buses and vans, but also non-revenue service commercial motor vehicles and vehicles used by armed security personnel.

 

 

 

 

 

 

 

 

The information presented on this page should be used to update Chapter 2 of the Implementation Guidelines.

Regulatory Comparison

TOPIC FTA FHWA
Drug Testing Regulation 49 CFR Part 653, As Amended 49 CFR Part 382, As Amended
Alcohol Testing Regulation 49 CFR Part 654, As Amended 49 CFR Part 382, As Amended
Testing Procedures 49 CFR Part 40, As Amended Same
Applicability Recipients of FTA 49 U.S.C. 5307, 5309, 5311, and 23 U.S.C. 103(e)(4) ¨       Employers who require employees to have CDLs
¨       CDL Holders
Drugs Prohibited
   marijuana, cocaine,
   amphetamines, opiates,
   phencyclidin
Same Same

Alcohol Prohibited
    
³0.04 BAC
     0.02 to 0.039 BAC

Remove from duty and refer to SAP for evaluation Remove from duty for 8 hours unless re-test < 0.02 BAC Same
Remove from duty for 24 hours
Safety-sensitive Functions ¨       Operating a revenue service vehicle
¨       CDL holders
¨       Dispatch/controlling movement of vehicles
¨       Maintaining a revenue service vehicle or related equipment
¨       Security personnel carrying firearms
CDL holders when:
¨       driving/driver
Contractors Applies to all safety-sensitive contractors that “stand in the shoes” of recipient Each employer is responsible for their own CDL holders
Education and Training
   Display and Distribute Materials
   Employee Awareness Training on Drugs
   Reasonable Suspicion Training of Supervisor
Info and Hotline Numbers

Required

Same

Add effects and consequences of drug use

Not required

Same

Policy

Governing Board Approval

Content

Add information on Controlled Substances

Certificate of Receipt from Employees

Comprehensive; including significant procedural detail

Required

Same

Not Required

Recommended

General - less stringent regarding detail 

Not Required

Same

Required 

Required

 

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