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49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

August 9, 2001
Federal Register Vol. 66
Pages 41996 - 42036

Notice of Interpretation:
April 22, 2002
Federal Register Vol. 67, Pages 19615-19616
Primary Topic: FTA/USCG regulation applicability to ferry boats.

The information presented on this page should be used to update Chapters 1 and 6 of the revised Implementation Guidelines.

      The drug and alcohol random testing rates for employers subject to FTA drug and alcohol testing rules will remain the same for calendar year 2003. Thus, random drug tests must be conducted at a fifty percent rate and random alcohol tests must be conducted at a ten percent rate.

      The random rates are established each year based on the previous two-year industry-wide test results. The industry test results are determined from the MIS reports submitted each year by individual FTA covered employers chosen to report. The verified positive drug test result for the industry in 2000 was 1.04 and the positive drug test result for 2001 was 0.98. For the drug test random rate to be lowered to twenty-five percent, the industry-wide positive result must be lower than 1.000 for two consecutive years. Since only one year was below 1.000, the 2003 rate remains at fifty percent. The industry-wide violation rate for random alcohol tests in 2000 was 0.15 and the violation rate for 2001 was 0.18. Since both years’ rates are below 0.5, the alcohol random testing rate will remain at ten percent.

      The official FTA notice of the drug and alcohol random test rates for 2003 will soon be published in the Federal Register and on FTA’s website at transit-safety.volpe.dot.gov. 

FTA Resource Materials Available FTA continues its efforts to be responsive to the needs of its recipients and to provide meaningful resource materials, technical assistance and training workshops to aid grantees with the development of effective, compliant drug and alcohol testing programs.

      The most recent publication, Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit (Revised 2002) is available online in a PDF file from FTA’s website at transit-safety.volpe.dot.gov/Publications/Default.asp. You may also request a hardcopy online at the same Internet address or by contacting the FTA Clearinghouse by emailing ThompsonA@volpe.dot.gov or calling (617) 494-2108. This publication provides a comprehensive overview of the regulations. The Best Practices Manual published earlier this year, is a companion manual to the Guidelines and can be obtained through the same manner.

      The Reasonable Suspicion Supervisor Training video is now available on the FTA website at transit-safety.volpe.dot.gov/Top_Level_Pages/WhatsNew.asp. This 23-minute video demonstrates the manifestation and behavioral cues of drug use and alcohol misuse, and the procedures supervisors should use to make fair and reliable reasonable suspicion determinations. A copy of this training video with corresponding leader’s guide can be obtained through the FTA Clearinghouse sited above.

      The FTA Prescription and Over-the-Counter Medications Toolkit will go to press by the end of the year with hardcopy distribution expected soon thereafter. The Toolkit provides sample policies, procedures, and training materials to assist transit systems develop effective programs that address the public safety hazards associated with the use of prescription and over-the-counter medications. To request a copy, contact the FTA Clearinghouse as directed above.

      The FTA Office of Safety and Security has also established a “What’s New” mailing list that interested parties can subscribe to free of charge. When you sign up for the service you designate areas of interest to you (e.g., safety, security, training and conferences, etc.). As information that pertains to your area of interest becomes available, you will automatically receive an e-mail notification. You may subscribe to this service through the FTA website listed previously.

      The FTA is also providing a series of briefing sessions on Part 655 that will be held at various locations throughout the country. The sessions will update participants on regulatory changes, agency best practices, and guidance on how to deal with prescription and over-the-counter medications. In 2003, sessions will be held in Jacksonville, FL on February 11; Orlando, FL on February 13; Hickory, NC on March 11; Philadelphia, PA on April 24; Beloit, WI on May 7 (note new date); and Fort Worth, TX on May 13. To register for a session, contact the conference office at (617) 494-3798, or at e-mail address Whalley@volpe.dot.gov.