|
FTA
Drug and Alcohol Regulation Updates |
REGULATORY CLARIFICATIONS |
|
Where to Find? ..... DHHS Labs The current list of DHHS certified labs is published the first week of each month and is printed in the Federal Register under the Substance Abuse and Mental Health Services Administration (SAMHSA) heading. Only those labs certified can be used for FTA drug testing. The list should be checked monthly as new labs are being added and others are being removed. Website location: http:// www.workplace.samhsa.gov/ ResourceCenter/lablist.htm To verify the certification status of a laboratory, DHHS has established a telephone HELPLINE: (800) WORKPLACE.
|
Same Standards Apply for Taxi and Paratransit Providers Contractors that “stand in the shoes” of transit recipients to provide safety-sensitive functions are covered under the regulation and must have a compliant program. The rules apply to all public and private operators, including taxicabs and paratransit agencies, that provide service under an arrangement with an FTA recipient when someone other than the passenger chooses the provider (e.g., a broker or dispatcher who chooses the provider and assigns the trip on behalf of the passenger). The rules do not apply when a taxicab or other paratransit service provider is not providing service under an arrangement with an FTA recipient, but instead is chosen by a passenger (e.g., a subsidized voucher program). The distinction of whether a service provider is covered or not depends on the manner in which trips are assigned to the provider, not on the type of entity the service provider is. The FTA grantee must treat all contractors that perform a particular service with a particular type of vehicle (i.e., paratransit vans) in the same manner. Requiring a testing program for one contractor and not another that are performing the same service is inequitable to the employees of the various contractors and creates a competitive advantage/disadvantage. “Ancillary Vehicles” Defined for Post-Accident Testing An FTA post-accident test can only be conducted when the vehicle involved in the accident is a bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel that is used for mass transportation or for ancillary services. Vehicles used for ancillary services include non-revenue service commercial motor vehicles (e.g., dump trucks, snow plows) that require a CDL to operate and vehicles used by armed security personnel. Accidents involving supervisor or general manager vehicles that are not used to transport passengers do not meet this definition and do not justify a post-accident test under this regulation. If an accident occurs involving a vehicle used to provide ancillary services that meets the FTA testing threshold (49 CFR Part 655.4), an FTA post-accident test must be performed on the operator and any other covered employee who could have contributed to the accident. Sources of SAP Training and Examination Increase The addition of several Substance Abuse Professional (SAP) training and examination agencies into the marketplace has eliminated a bottleneck that had previously limited the number of qualified SAPs available to the transit industry. SAPs are required to successfully complete training and pass an examination that has been validated by a nationally recognized professional or training organization. When the credentialing requirements for SAPs were first introduced as a requirement of the Part 40 testing program in 2001, there were a limited number of agencies providing SAP training that met the specifications outlined in the regulation, and no entities offered validated examinations. Until recently, only two entities provided validated examinations. This list has now been expanded substantially with the introduction of at least eight different firms providing validated examinations. For an up-to-date list of agencies that offer SAP training and/or examinations go to the ODAPC website at http://www.dot.gov/ost/dapc/testingpubs/SAPExamSources_200708_alpha.pdf. Employers Have Final Word on Test Refusals An employee will be considered to have refused a drug or alcohol test if he/she fails to cooperate with any part of the testing process (49 CFR Part 40.191 and Part 40.261). The two examples of “failure to cooperate” provided in the regulation are when an employee refuses to empty pockets when instructed to do so; and the employee behaves in a confrontational way that disrupts the testing process. Other examples include when the employee fails to wash his or her hands after being directed to do so by the collector, the employee admits adulterating or substituting the specimen, or the employee is found to have a device whose purpose is to interfere with providing an actual urine specimen. When the employee refuses to follow instructions or there is a confrontation, the collector should warn the employee of the potential consequences and, if practical, seek assistance from the Designated Employer Representative (DER) or supervisor to ensure that the employee understands the ramifications. If the behavior continues, the collector, BAT, STT, or MRO must terminate the testing process, document the refusal on the Chain of Custody and Control Form (CCF) or Alcohol Testing Form (ATF), and immediately notify the DER of the refusal (49 CFR Part 40.191 (d) and Part 40.261(c)). The DER will exercise his/her non-delegable duty to designate the test as a refusal based on the information provided by the collector (49 CFR Part 355 (i)). If the issue is admission of adulteration or direct evidence of adulteration or substitution (e.g., presence of a prosthetic appliance), the test must be considered a test refusal. |