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Fall 2009 Issue 40 |
| U.S. Department of Transportation | Federal Transit Administration | Office of Safety and Security |
| 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 fortieth in a series. |
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Drug and Alcohol Program National Conference to be Held in March
The fifth annual FTA Drug and Alcohol Program National Conference will be held in Los Angles at the Sheraton Universal Hotel on March 16 - March 18, 2010. The three-day conference will address a number of issues including recent regulatory changes, direct observation collection procedures, a question and answer session with the FTA Drug and Alcohol Program Manager, the Federal Motor
carrier Safety Administration (FMCSA) Program Manager, the results of a Bus Simulator Medication Study, Troubleshooting for Drug and Alcohol Program Managers (DAPMs), as well as many new panel discussions and speakers.
The first day of the conference, Tuesday, March 16, is a full-day training session for new Drug and Alcohol Program Managers (DAPMs) and those seeking basic refresher training. There will also be two, two-hour Reasonable Suspicion trainings held that day (a third session on that topic will be held on the third day, Wednesday March 18th). Individuals interested in these training sessions must pre-register as space is limited. The main conference sessions will begin with a Welcome and Opening Remarks on Wednesday, March 17. The conference will include informational sessions as well as panel discussions on a variety of current topics and issues. Each session will be repeated once to allow attendees the opportunity to avoid scheduling conflicts and to attend various sessions of interest. There will also be various opportunities to network with your peers.
Session speakers will include representatives from the FTA, DOT Office of Drug and Alcohol Policy and Compliance (ODAPC), FTA auditors, FTA Drug and Alcohol MIS and Newsletter staff, the Transportation Safety Institute (TSI), and FMCSA representatives from the transit and testing industry.
FTA auditors, the FTA Drug and Alcohol Management Information Systems (MIS) team, and various subject matter experts will also be available throughout the conference to review policies, assist with annual MIS reports, address regulatory questions and provide other assistance as needed. The conference is free, but you must register online. Registration information and additional information on the conference will be available on the Office of Safety and Security home page in early November (http://transit-safety.fta.dot.gov).
Direct Observation for Return-to-Duty & Follow-up Testing Clarified
The requirement to conduct all return-to-duty and follow-up tests under direct observation went into effect on August 31, 2009 (see Regulation Updates, Issue 39, Page 1). The following clarifications are provided in response to questions that have arisen as transit systems have implemented this requirement.
- The direct observation requirement applies to all FTA safety-sensitive employees who were already in a follow-up testing program as well as those who will begin a follow-up testing program in the future.
- If an employer, collector, Medical Review Officer, or other service agent learns that a specimen was not collected using the required direct observation procedures when it should have, the employer is required to direct the employee to have an immediate recollection under direct observation.
- No other test types (e.g., pre-employment, random) can be substituted for a DOT return-to-duty test or follow-up test. However, a return-to-duty test (post-violation) may suffice as a 90-day pre-employment test if both are needed at a particular time. There is no need for two separate voids if the employer indicates that on the notification and the collector includes this in the remarks.
- The return-to-duty test refers to the test that is performed once an employee has been evaluated by a Substance Abuse Professional (SAP) and been determined to have successfully completed the recommended treatment program following a verified positive drug test result, an alcohol result of 0.04 or greater, a refusal to submit to a test, or any other activity that violates the regulations. This should not be confused with the pre-employment test that is performed when an existing safety-sensitive employee returns to active status following an absence of 90 consecutive calendars days while not in the random pool. Even though this individual may be "returning to duty," this test is actually a pre-employment test and must not be conducted under direct observation.