FTA Drug and Alcohol Regulation Updates
Issue 14, page 6

NPRM Highlights Continued

Q: Where can I get the Drug and Alcohol Testing Results 1998 Annual Report?

A: The 1998 Annual Report that summarizes the transit industry’s drug and alcohol test results for 1998 can be downloaded from the Office of Safety and Security web site at http://transit-safety.volpe.dot.gov or by contacting:

Alison Thompson
USDOT/Volpe Center, DTS-78
55 Broadway, Kendall Square
Cambridge, MA 02155
Fax: (617) 494-2684
Email:  thompsona@volpe.dot.gov

The information presented on this page should be used to update Chapter 7 and 8 of the Implementation Guidelines.

Section 40.145 The proposed rule defines the minimum attempt for the MRO to contact an employee with a confirmed positive test result from the lab as two attempts within a 24-hour period. The proposed rule explicitly states what MROs have to tell employees during the verification process and the steps that the MRO must take to verify the test result. The proposal would require the MRO to tell the employee that, if the employee requests the split to be tested, that test is not contingent on the employee's advance payment for the test.

Section 40.153 At this time, the employee does not have the right to a test of the split specimen if the primary specimen is adulterated or substituted. The DOT is seeking comments on whether the employee must be given the opportunity to have the split tested under these circumstances.

Section 40.155 The DOT proposes that the employee must return for a second collection if collector error or some other non-correctable fatal flaw resulted in a laboratory's rejecting a specimen for testing.

Section 40.195 The DOT seeks input on whether a medical evaluation to assess the presence of drug use in the case of an employee with a permanent or long-term disability should be conducted for all test categories in addition to pre-employment.

Section 40.213 The proposed rule requires retraining of STTs or BATs if a previous mistake resulted in a canceled test.

Section 40.281 The proposed rule specifies additional training requirements for SAPs and clarifies the role of the employer, employee, and SAP in the return-to-duty process.

Section 40.307 The DOT seeks comments on whether the minimum of six follow-up tests the first year is sufficient or whether the minimum should be raised (e.g., twelve tests the first year).

Section 40.329 The NPRM specifies that MROs would be required to report drug test information directly, and only, to actual employers. The NPRM would authorize MROs who work for more than one DOT employer to inform those other employers he/she represents of an individual who tested positive or refused a test. The DOT seeks input on whether this provision should be broadened to allow the MRO to disclose information to employers the MRO does not serve.

Section 40.333 The DOT seek comments on whether a service agent should be required to report to the DOT situations when they become aware where covered employers continue to allow covered employees to perform safety-sensitive functions despite having violated a DOT agency regulation.

SUBPART R The DOT is proposing to create a "public interest exclusion" that would be a directive from the DOT prohibiting its regulated employers to use a service agent that fails or refuses to provide its services as Part 40 requires. The PIE would stay in effect for a period of 1 to 5 years, and service agents would have the opportunity to contest the PIE issuance. The DOT also proposed three alternative scenarios and is soliciting comments on which best serves the intended purpose.