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Pre-Employment Drug Testing Checklist
The FTA drug testing regulation requires that all applicants for employment in safety-sensitive
positions or individuals being transferred into safety-sensitive positions must take and pass a pre-employment drug test. The FTA does not allow
any waivers of pre-employment drug tests. The employer may not utilize drug test results for the applicant which have been obtained from a previous
employer in lieu of conducting their own pre-employment test.
To assist in clarifying the requirement for pre-employment testing, 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. The checklist should not be construed
as the “last word” in regulatory compliance, but is merely provided for guidance.
Pre-Employment Testing Procedures
- Does the transit agency have on file the negative drug test results for all new hires?
- Does the transit agency hire an employee into a safety-sensitive function only if the employer has a negative
drug test result for the applicant? The date the test results are reported must be before the date the applicant is hired and put on the payroll.
- Does the transit agency require that employees transferring from a non-safety-sensitive position into a
safety-sensitive position have a negative drug test result prior to performing any safety-sensitive function?
- If an individual has a positive pre-employment drug test, the individual cannot be hired. If
that same individual applies for a safety-sensitive position in the future, a drug test must be administered again. At that time, if the drug test
result is negative, the individual may be hired. Although not required by the FTA, the transit agency can require the applicant to provide evidence
of well-being from a treatment specialist before administering the second test.
- The employer must allow the applicant to discuss the laboratory-confirmed positive test result with a
medical review officer prior to the MRO making a final decision to verify a positive drug test result. Referral to an SAP is not required for a
verified pre-employment positive drug test result.
- If pre-employment drug test is cancelled, the applicant is required to submit to and pass another test.
- Is the time between the hire date and the test date reasonable (less than one month)?
- Are MROs allowed to report a negative pre-employment test result for individuals that are unable to provide
sufficient volume because of a permanent disability, but who have a medical evaluation that indicates no chemical evidence of illegal drug use?
- Are all applicants notified in writing of the requirement to pass a drug test?
- Even though not required, FTA supports employers who test employees who are returning to active status
following a leave of absence of 90 days or more. Post-leave testing, however, must not be performed under FTA authority. See article on page 2 of this
Update.
(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 Chapters 6 of the Implementation Guidelines.
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