FTA Drug and Alcohol Regulation Updates
Issue 18, page 4

Part 655 NPRM
Where To Find?.....

CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs

Revised:
December 19, 2000
Federal Register Vol. 65, Pages 79462 - 79579.
Primary Topic: Procedures for Transportation Workplace Drug and Alcohol Testing Program Revised Final Rule (49 CFR Part 40)











 

 

 










 

 

 






The information presented on this page should be used to update Chapter 2 of the Implementation Guidelines


  
Topic 49 CFR Parts 653 and 654 Proposed Part 655
Applicability Recipients of 49 U.S.C. 5307, 5311, and 23 U.S.C. 103(e)(4) Same (655.3)
Stand Down Waivers None Procedure defined (655.5), refers to 49 CRF Part 40.21
Pre-emption Pre-empts contradictory or incompatible State and local laws Same (655.6)
Program Requirements  - Policy statement
 - Education and training
 - Testing program
 - SAP referral		  - Minimum requirements (655.16)
 - Same (655.14)
 - Refers to 49 CFR Part 40
 - Refers to 49 CFR Part 40
Drug Testing Marijuana, cocaine, opiates, amphetamine, PCP, prohibited at all times Same (655.21)
Alcohol Testing Prohibit alcohol concentrations of .04 or greater; on-duty use performing safety-sensitive duty, 4 hour prior; on call; 8 hours following an accident Same (655.31, 655.34)
  Removal from duty if BAC is greater than 0.02 but less than 0.04 Same (655.35)
Types of Testing Pre-employment Drug Test
 - Prior to hire
 - Prior to performance of safety-sensitive function
 - Non-performance of safety-sensitive function in 90 days and in random pod (655.41)
  Pre-employment Alcohol Test
 - Not required
 -  Not required, but allowed, specified procedure (655.42)
  Reasonable Suspicion
 - Decision made by a trained supervisor
 -  Employees are
prohibited from
requiring two
or more trained
supervisors to
participate in
referral (655.43)
  Post-Accident Testing
 - Fatal Accident
 - Non-fatal Accidents
      - Disabling damage or immediate transport to medical treatment and employee cannot be completely discounted
 - Same (655.44)
 - Same - Decision making process must be documented (655.43)
  Random Testing
 - Rates determined each year based on industry experience
 - Spread reasonably through year
 - Same (655.45)
 - Same, plus spread through all time worked
  Random Testing
 - Rates determined each year based on industry experience
 - Spread reasonably through year
 - Same (655.45)
 - Same, plus spread through all time worked
  Return to Duty
 - Recommended by SAP following treatment
 - Same, refer to 49 CFR Part 40 (655.46)
  Follow-up testing
 - Minimum 6 test during the first year
 - Up to 60 months
 - Same, refer to 49 CFR Part 40 (655.47)
Test Refusal Refusal to provide a specimen wihtout a valid medical explanation Expanded, refer to 49 CFR Part 40 (655.49)
Substance Abuse Professional Referral required following positive test or test refusal Refer to 49 CFR Part 40 (655.52)
Consequence Removal from safety-sensitive duties, referral to SAP Same (655.61 - 655.62)
Retention of Records
MIS Reports		 One, two, and five year requirements
 -    Annual report preparation
 -    Submit to FTA annually		 Same (655.71)
 -    Same (655.72)
 -    Submit upon FTA approval
Information Disclosure Limited - requires employee written report unless specified in regulation Same (655.73
Certifying Compliance Condition of financial assistance annual certification Same (655.82)

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