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SERVICE AGENT UPDATE |
FTA Drug and Alcohol
Regulation Updates |
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Agencies Offer SAP Exams The FTA regulations require that
all individuals who have a positive drug or alcohol test or who refuse a
test must be referred to a Substance Abuse Professional (SAP) regardless
of whether the employer’s policy is to terminate the employee or provide a
second chance. If an employer allows an employee to return to duty
following a positive test result or test refusal, the individual cannot be
allowed to return to a safety-sensitive position until he/ she has
completed the SAP evaluation, referral, education/treatment, and
return-to-duty process. The SAP is the "gatekeeper" of the return-to-duty
process and is responsible for protecting public safety to the greatest
extent possible by professionally evaluating the employee and recommending
appropriate education/treatment, follow-up tests, and after-care in the
event the employee returns to performing safety-sensitive functions. All Collectors Must Be Trained
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Where To Find?..... 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs Revised: 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) Technical Amendments: Notice of Proposed Rulemaking: HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs Notice of Proposed Rulemaking: August 21, 2001
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The deadline for collectors to receive qualifications training passed on
January 31, 2003. Consequently, all existing collectors conducting
collections under the USDOT rule (49 CFR Part 40) must have completed the
training and demonstrated proficiency to be in compliance. All future
collectors must receive the training and demonstrate proficiency before
they perform any collections. This means all collectors including
those that work at hospitals, clinics, and emergency care units and those
that perform these duties infrequently or on an incidental basis must
comply. There are no exceptions. The number, frequency, or clinical
environment of the test is irrelevant. All collectors must meet the
minimum requirements.