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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
March 8, 2001
Federal Register Vol. 66
Pages 13997 - 13998
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 2 of the Implementation Guidelines
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Part 655 - NPRM Proposed Modifications
The proposed rule does not differ substantially from the existing rules (49 CFR Parts 653 and 654). The proposed rule would still apply to recipients of FTA funds under 49 U.S.C. 5307, 5309, and 5311 as well as 23 U.S.C. 103(e)(4). This includes Metropolitan Planning Organizations (MPOs) or States that fund or manage transit providers. Similarly, the NPRM would require each employer covered under the FTA regulations to conduct a multi-faceted anti-drug and alcohol misuse testing program and condition financial assistance on the implementation of a compliant program.
Basic Components
- The basic components of the regulation including the testing of safety-sensitive employees for the use of controlled substances and the misuse of alcohol, and the requirement for a policy statement, education, and consequences remain virtually the same.
- The five illegal drugs that are prohibited (i.e., marijuana, cocaine, amphetamine, opiates, and phencyclidine) are the same as are the five testing categories (i.e., pre-employment, random, reasonable suspicion, return-to-duty, and follow-up). Pre-employment alcohol testing is not required, but is encouraged.
- The NPRM, however, proposes to modify some requirements and seeks input on others. Among the most important changes is the inclusion by reference of the revised procedures for Transportation Workplace Drug and Alcohol Testing Programs, promulgated at 49 CFR Part 40. These regulations were published on December 18, 2000 and will go into effect on August 1, 2001.
Definintions
- Additionally, the NPRM introduces the term “employer” to refer to both small and large operators, as well as entities providing service under contract or other arrangement with the transit operator. The term employer also includes State recipients that pass FTA funds to subrecipients and grantees that have contractors performing transit operations. As employers, States and grantees will now have access to their subrecipient’s or contractor’s individual employee test records thereby facilitating their ability to effectively oversee those for which they must certify compliance.
- The NPRM also clarifies that the FTA regulations apply to taxi-cab companies that
perform safety-sensitive functions for FTA recipients/subrecipients when the transit patron has only one or two specified companies to choose from. FTA regulations do not apply to taxi-cab drivers when passengers in a user-side subsidy program can choose from a variety of taxi-cab companies (more than two). Thus, the regulations do not apply to taxi
companies that only incidentally provide transit service.
- The NPRM also reconfirms FTA’s position on the definition of safety-sensitive
maintenance functions. In January 1999, FTA expanded its definition of maintenance du ties to include all workers who overhaul and rebuild engines, vehicles, and parts. The NPRM maintains this definition and further clarifies that this definition also extends to
maintenance contractors under the FTA urban funding programs. The exemption of Section 5311 (rural) maintenance contractors was maintained.
- The definition of performing a safety-sensitive function was added and specifies that a covered employer is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions. The last portion of this definition, “immediately available to perform safety-sensitive functions” is new to the FTA rule.
Stand-down
- Consistent with the stand-down waiver procedures defined in the revised 49 CFR Part 40 regulations, (see Article on Page 46 FTA has added a subsection (Section 655.5) to the NPRM on the FTA waiver procedures.
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