Introduction....
The Federal Transit Administration (FTA) published its final rules on prohibited drug use (49 CFR Part 653) and the prevention of alcohol misuse (49 CFR Part 654) on February 15, 1994. Shortly thereafter, the FTA published the Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit to provide a comprehensive overview of the regulations.
Since the Guidelines were published there have been numerous amendments, interpretations, and clarifications to the Drug and Alcohol testing procedures and program requirements.
This publication is being provided to update the Guidelines and inform your transit system of all of these changes. This Update is the seventeenth in a in a series.
Inside....
|
Part 40 Becomes Final
The U.S. Department of Transportation (DOT) published its revised drug and alcohol testing rule in the Federal Register on December 19, 2000. The 117 page document can be found in Volume 65, No. 244, pages 79462 – 79579. The document is also accessible on-line at http://dms.dot.gov, docket OST-99-6578 or at http://www.dot.gov/ost/dapc. A hard copy of the rule can be obtained by calling the Fax-On-Demand telephone line (1-800-225-3784), and requesting document 151.
The revisions were made to make the regulations easier to understand, incorporate guidance and interpretations of the rule into the text, and to update the rule to address changes in technology, the testing industry, and the DOT’s program. The rule resulted from a coordinated effort by the Office of the Secretary, six DOT operating administrations including the Federal Transit Administration (FTA), transportation employers, labor organizations, and drug and alcohol testing service agents. The rule received a “No Gobbledygook Award” from the National Partnership for Reinventing Government for its use of plain language.
The rule, as printed, has two major components. The first component addresses amendments to the current Part 40 that are effective January 18, 2001. The second
|
component presents a comprehensive revision of Part 40 that become effective on August 1, 2001. The Amendments address issues that enhance fairness and integrity of the process that need to be implemented immediately. The revisions address major program improvements that require a longer implementation timeline. The revisions will completely replace the existing Part 40 (including the amendments), previous guidance and all interpretations to date.
A brief synopsis of the major highlights of the amendments and revisions to Part 40 are provided on pages 4 - 7 of this Updates. During the next few months, the DOT will issue new guidance on technical aspects of the rule (e.g., revised Medical Review Officer (MRO) and Urine Specimen Collection manuals) and will make numerous presentations around the country. The Updates will provide notices of guidance manuals when they become available, and the date and location of major training events.
Harry Saporta Leads FTA Office of Safety & Security....see article on Page 2 for details. |
|
Part 655 Awaits Publication
|
The Notice of Proposed Rulemaking (NPRM) for 49 CFR Part 655, the much anticipated revision and consolidation of 49 CFR Parts 653 and 654, has fallen victim to a backlog of regulations awaiting print by the Government Printing Office (GPO). At the time of publication, Part 655 had at least two hundred regulations ahead of it in the printing queue. Since Part 655 is viewed as a “non-
|
significant regulation” as defined by the Department’s regulatory policies and procedures, other more significant regulations will take precedence.
In addition, the Bush administration has placed a moratorium on rule publication until the rules can be reviewed by the new administration’s appointees. Thus, the publication date cannot be anticipated.
|
When published, an electronic copy of the NPRM can be obtained from the GPO’s Electronic Bulletin Board Service at (202) 512-1661. Internet users may download the document from the Federal Register’s homepage at http://www.nara.gov/fedreg and from the GPO database at http://www.access.gpo.gov/nara. Once published, it is anticipated that commenters will be given at least sixty (60) days to comment on the proposed rules.
|
|
