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U.S. Department
of Transportation |
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Headquarters |
400 SeventhSt. S.W.
Washington, D.C. 20590
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Federal Transit
Administration |
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March 26, 2002 |
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Mr. Jim La Sala
International President
Amalgamated Transit Union
5025 Wisconsin Ave., N.W.
Washington, DC 20016-4139
Dear Mr. La Sala:
Thank you for your recent letter regarding the Federal random drug and alcohol
testing requirement. I appreciate hearing from you on this important matter.
As you know, both the Department of Transportation (DOT) and the Federal Transit
Administration (FTA) revised the drug and alcohol testing regulations effective
August 1, 2001. Random drug testing, which is statutorily mandated, may occur
anytime during an employee's shift, while random alcohol testing may only be
conducted just before, during, or just after performing a safety-sensitive
function. 49 CFR 655.45(i). FTA guidance notes that an employee must remain
subject to random testing any time during his or her work shift, including just
prior to the shift ending, as long as the employer has provided prior
notification. (See FTA ltr dtd Nov.16, 1998, [www.fta.dot.gov]).
Your letter states that many of your members are experiencing problems with the
random testing provision because an employee with previously scheduled
commitments may be required to remain past his or her shift to complete the
testing process. My staff has shared your concerns with the Department's Office
of Drug and Alcohol Policy Compliance and its Assistant General Counsel for
Regulation and Enforcement. Each office has reiterated that waiver of the random
testing requirement is not permitted under the statute.
The statutory requirement to conduct random drug and alcohol testing is not
subject to amendment by a collective bargaining agreement. However, within 49
CFR 655.45(g), an employer has limited discretion regarding the scheduling of
random tests. Therefore, union and management are not precluded from negotiating
a process for employees who provide advance, verifiable notice of scheduled
medical or childcare commitments, to be tested no later than three hours before
the shift ends. I must emphasize, however, that any negotiated process cannot
excuse a covered employee from random testing once selected, nor should it
extend to an employee who has not provided advance, verifiable notice of a
previously scheduled commitment to the employer.
If you have any further questions, please contact Bruce Walker of my staff at:
(202) 366-4011.
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Sincerely, |
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(Signed) |
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William P. Sears |
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Chief Counsel |
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