Clarifications and Corrections

49 CFR Part 653 , Prevention of Prohibited
Drug Use in Transit Operations
February 15, 1994
Federal Register Vol. 59
Pages 7572-7611

Amended:
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 61612-67613
Primary Topic: Use of Law Enforcement Post-Accident Test Results

December 14, 1998
Federal Register Vol. 63
Pages 68818-68819
Primary Topic: Random Drug Testing Rate at 50%

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 and 7 of the Implementation Guidelines.

Minimum Thresholds For Drug Test Positive

   The Department of Health and Human Services (DHHS) establishes the minimum threshold levels for each of the five drugs tested for under USDOT testing programs including the FTA. Minimum levels are established for both the initial screening test and for the confirmatory test. The current cutoff levels are as follows:

(1) Delta 9-tetrahydrocannabinol-9 carboxylic acid; (2) Benzoylecgonine; (3) Specimen must also include amphetamine at a concentration greater than or equal to 200 ng/ml.

Custody and Control Form Proposed Change

   On November 15, 1999, a Notice of Proposed Rulemaking (NPRM) was published in the Federal Register (Volume 64, Number 219, Pages 61916-61930) soliciting comments on proposed changes to the Federal Drug Testing Custody and Control Form (COC). The NPRM proposes changes that are intended to make the COC form easier to use and to reflect the collection process and how results are reported by the testing laboratories. Written comments on the proposed rule should be submitted by January 14, 2000, to Robert L. Stephenson II, M.P.H., Director (Acting), Division of Workplace Program, CSAP, 5600 Fishers Lane, Rockwall II, Suite 815, Rockville, MD 20857.

Best Practice: Drug Test Following Leave

   The drug testing regulation (49 CFR Part 653.41) requires that an applicant must have a negative pre-employment drug test before they can be hired. Additionally, the regulation states that an employer may not transfer an employee from a non-safety-sensitive function to a safety-sensitive function until the employee takes a drug test with a verified negative result.
   In instances where an employee is on a lengthy leave of absence and will not be called on to perform a safety-sensitive job function, the individual should be taken out of the random pool. Transit systems that perform this post-leave testing commonly define a leave of absence as a change in status such as a seasonal layoff, extended worker’s compensation leave, maternity leave or other non-active leave status defined by the employer.
   Many transit systems also require pre-employment/pre-transfer tests following an extended leave, and have established a minimum leave duration (i.e., 30 days, 60 days, 90 days) that must be exceeded before a drug test is required.
   Even though the regulation does not require drug testing in this circumstance, FTA supports the common industry practice that any leave that extends beyond 90 days should trigger a test when the person returns to active status. These tests, however, are conducted under the employer’s own authority and must not be considered FTA tests. This interpretation is different from the article on page 7 of Issue 3 of the Updates and corrects that previous guidance.