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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.
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Regulatory
Comparison
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| 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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