Issue 24, Pg 2 - FTA Drug And Alcohol Regulation Updates

FTA Drug and Alcohol Regulation Updates
Issue 24, page 2

FOR YOUR INFORMATION

Where To Find?.....

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 2 and 7 of the revised Implementation Guidelines.

MIS Reports Must Be Maintained in Files

Young man sitting at computer All FTA recipients/ sub-recipients that received notice they were required to submit their FTA Drug and Alcohol Management Information System (MIS) reports for calendar year 2002, were required to do so by March 15, 2003. Those that did not receive notice are still required to complete their MIS forms, but are not required to submit them to FTA. All covered transit agencies, regardless of whether they must submit or not, are required to keep their MIS reports on file for at least five years.

Split Specimen Cancellation Form

Medical Review Officers (MROs) are required to cancel drug tests anytime a split specimen cannot verify the presence of the drug or drug metabolite found in the original specimen. A split specimen may not be able to reconfirm a positive if the drug/metabolite is not present in the specimen (i.e., false positive), the split is unavailable for testing (i.e., lost, does not exist), the split does not contain sufficient volume for testing, the split is untestable, or other. Anytime a split specimen is cancelled, the MRO is required (§40.187) to report the cancellation to the U.S. Department of Transportation (DOT) with a relevant explanation.
In an effort to assist MROs in providing consistent and specific information regarding cancelled tests, the DOT developed a Split Specimen Cancellation Form" for MROs to use. By standardizing the form and the information provided, the DOT will be better able to effectively monitor the drug-testing program. Use of the form is voluntary, but its use is encouraged to facilitate MRO/DO T communication. Completed forms are to be faxed or mailed directly to the Office of Drug and Alcohol Policy and Compliance (ODAPC). The form can be downloaded directly from the ODAPC web site at www.dot.gov/ost/dapc.

Alternative Testing Methods Not Approved For DOT Use

Support is growing in the drug testing community for the use of alternative drug testing methodologies including hair, sweat, and saliva. Although these methodologies are receiving acceptance in the scientific community and in many drug-free workplace programs, they are not approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and are therefore not permitted for use in DOT testing at this time.

Coast Guard Still Follows DOT Testing Procedures

     On March 1, 2003, the US Coast Guard (USCG) was formerly transferred from the Department of Transportation (DOT) to the newly formed Department of Homeland Security. The transfer was initiated in part to meet terrorist threats against Americans at home.
     While part of the DOT, the USCG and FTA agreed that ferry boats and other vessels that were grantees or sub-grantees of FTA funding would be deemed to be in concurrent compliance with the testing requirements of 49 CFR Part 655 when they complied with the USCG’s chemical and alcohol testing requirements. However, FTA funded vessels would remain subject to FTA’s random alcohol testing requirements because the USCG does not have a similar requirement.
     This FTA/USCG agreement will not change under the new organizational structure. All FTA grantees that fall under the USCG programs should continue testing in the same manner following the same procedures and using the same forms as before.