FTA Drug and Alcohol Regulation Updates
Issue 11, page 5

FTA/FHWA Comparison

Where To Find?.....

FHWA Regulatory Requirements
Office of Motor Carrier Safety
Contact: Ken Rodgers
(202) 366-4016

 

Trade Associations
Source of Information
Drug and Alcohol Testing
Industry Association at
(800) 355-1257

American Association of
Medical Review Officers at
(919) 489-5407

American Society of
Addiction Medicine at
(301) 656-3920

American College of
Occupational and
Environmental Medicine at
(847) 228-6850

Substance Abuse Program
Administration Association
at (714) 285-4333

 

 

 

 

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

Regulatory Comparison

TOPIC FTA FHWA
Testing Categories
   Pre-employment - drugs only

Result before hire - no waiver

Result before assignment
    of safety-sensitive
    duties
Waived if certain
     conditions are met
Reasonable Suspicion
   Trained supervisor makes specific,
    extemporaneous observations
    regarding appearance, speech,
    behavior, or odor
Same Same
A written record must be prepared within 24 hours of the event
Test delays >8 hours result in driver out of service for 24 hours
Post Accident - Fatality
   Test driver
   Test others that could have
   contributed

Required
Required

 

Required
Not Required

 

Post Accident - No Fatality
   Immediate transport to a 
   medical treatment facility 
   or one or more vehicles 
   receives disabling damage
Unless the employee can be completely discounted as a contributing factor And the CDL holder receives a citation for a moving traffic violation
Random
   Scientifically valid method
   Minimum drug test rate
   Minimum alcohol test rate


Same
50%
10%


Same
50%
10%

Return-to-duty/Follow-up

Same Same
Recordkeeping
   Retention
   MIS

   Access to record
   Previous employer records

Same
All covered employers report annually
Same
Not Required

Same
Selected reporting - employers randomly selected
Same
Obtain records for previous 2 years with employee consent

Compliance Penalties

Suspension of funds Employer/employee fines and penalties
Possibility of issuing an out of service order

Compliance Certification

Required

Not Required

Prohibited Behavior - Alcohol
   BAC 0.04; consumption on 
   duty 4 hours before performance
   of safety-sensitive duties; 8 
   hours following an accident

Same
No consumption on-call

Same
No possession while on duty

Prohibited Behavior - Drugs
   at all times
Same Same
Prescription use when affects ability to perform. These are medical disqualifications.

SAP Referral Process

Same Same

 

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