Issue 32, Pg 1 - FTA Drug And Alcohol Regulation Updates

U.S. Department
of Transportation
Federal Transit
Administration
Office of Safety and Security

FTA Drug And Alcohol Regulation Updates

Spring 2006

Issue 32

Introduction....

The Federal Transit Administration (FTA) published its revised rule on prohibited drug use and the prevention of alcohol misuse (49 CFR Part 655) on August 1, 2001. The FTA published the revised Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit to provide a comprehensive overview of the regulations.
Since the Guidelines were published, there have been numerous amendments, interpretations, and clarifications to the Drug and Alcohol testing procedures and program requirements.
This publication is being provided to update the Guidelines and inform your transit system of these changes. This Update is the thirty-second in a series.

Inside....

Proposed Regulatory Changes	2 - 3
For Your Information	4
Rx & OTC Medications	5
Resources & Materials	6

Drug and Alcohol Program National Conference is Success

   The Federal Transit Administration (FTA) held the 2006 Drug and Alcohol Program National Conference in Las Vegas, NV on March 20-21. The conference was an overwhelming success with over 400 participants in attendance. The conference was kicked off by presentations from Jerry Powers, FTA Drug and Alcohol Program Manager, and Mark Snider, Senior Policy Advisor for the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance. The conference included speakers consisting of FTA auditors, FTA Drug and Alcohol MIS Program and newsletter staff, and industry professionals including Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), Breath Alcohol Technicians (BATs), and urine collectors.
   Plans are currently underway to hold the second annual FTA Drug and Alcohol Program National Conference in the Spring of 2007 in New Orleans. Be on the look out for future conference announcements.

Sources of Qualified SAPs

   Transit systems in small urban and rural communities have been challenged to find qualified Substance Abuse Professionals (SAPs) in their geographic areas. FTA regulations require that any individual (employee or applicant) who has a positive drug test, a breath alcohol concentration of 0.04 or greater, or refused a test must be provided a list of SAPs.
To be qualified, SAPs must meet specific requirements for education, certifications/licenses, clinical experience, specific qualifications training, examination, and continuing education as defined in 49 CFR Part 40.281. Readers should note that the Department of Transportation (DOT) will soon be publishing a final rule that adds state-licensed or certified marriage and family therapists to the list of credentialed professionals eligible to serve as SAPs under subpart O of 49 CFR Part 40.
   Given the small number of potential referrals that would come from a small urban or rural transit system, there is little financial incentive for an individual to undertake the necessary effort to become a qualified SAP. As a result many systems have been found to be out of compliance with this part of the regulations. One of the most commonly asked questions is “Where can I find a SAP? Is there a list somewhere? Are there any organizations that have lists of qualified SAPs?”
   There is no government listing of qualified SAPs, nor is there a national registry of any kind that can be consulted. Several web sites have popped up claiming to provide a listing of SAPs, but upon further investigation these sites are an advertising/referral tool that does little to substantiate the subscriber’s credentials.
The Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (ODAPC), however, has developed a list of organizations currently offering SAP training, continuing education and/or certified examinations. Even though SAPs themselves are not listed, the organizations that appear on the ODAPC list represent a good starting point in the identification process. The list can be accessed by going to www.dot.gov/ost/dapc/testingpubs/SAPExamSources_200605_alpha.pdf . The language, titles, and listing of credentials on the referenced web sites can be confusing. Use care to access information on SAPs that meet the DOT requirements. The SAP should be interviewed and his/her credentials verified prior to their establishment as the employer’s SAP.