FTA Drug and Alcohol Testing Policy

FTA requires each employer to establish a policy that defines its Drug and Alcohol Testing Program, and requires the entity’s governing body to formally adopt the policy.

Designated contact person, board adoption ·

• Identity of the person, office, branch or position designated by the employer to answer employee questions about the anti-drug and alcohol misuse prevention program 
• Approval/adoption by the local governing board of the employer or operator, or other responsible individuals with appropriate authority

Covered Employees 

• Operation of a revenue service vehicle, in or out of revenue service
• Maintaining a revenue service vehicle or equipment used in revenue service 
• Controlling dispatch/movement of a revenue service vehicle (determined by employer) 
• Operation of a non-revenue vehicle requiring a CDL Volunteers:
  1. Must have CDL to drive vehicle, or
  2. Remunerated for service in excess of costs incurred
• Carrying a firearm for security purposes *The policy must include a list of the actual positions/categories covered at your company

Prohibited Substances 

• Marijuana 
• Cocaine
• Amphetamines 
• Opiates
• Phencyclidine
• Alcohol

Prohibited behavior 

• Use of illegal drugs prohibited at all times
• Alcohol use prohibited 4 hours prior to performing safety-sensitive functions, while on call, and while performing safety-sensitive functions
• Alcohol use prohibited 8 hours after accident or until Post Accident test is performed
• Employees are prohibited from performing safety-sensitive functions while having an alcohol concentration of 0.04 or greater

Pre-employment 

• Negative test before 1st safety-sensitive duty, must be made up if canceled
• If out of safety-sensitive duty for 90+ days, and out of random testing pool, emp needs DOT pre-employment test with negative result prior to returning to covered duty
• Applicant who previously failed/refused a DOT test must show evidence of treatment
• If employer chooses to require alcohol test:
  1. pre- SS duty,
  2. all covered employees
  3. after offer of employment/transfer
  4. must follow Part 40 regulations
  5. BAC < 0.02

Random

• Scientifically valid selection method
• Equal chance of selection on each draw
• No discretion on the part of management/supervisors
• Testing is conducted on all days and hours throughout the year
• Unannounced and immediate
• Alcohol testing only permissible just before/ during/just after actual performance of safety-sensitive functions

Post-accident FTA Thresholds:

• Fatality
• Medical treatment away from scene, unless driver discounted
• Disabling damage, unless driver discounted 
• All other covered employees whose performance could have contributed to the accident 
• Readily available (or considered a refusal to test) 
• Readily available (testing is stayed while employee assists in resolution of the accident or receives medical attention following the accident) 

Reasonable suspicion

• Trained supervisor
 
• Physical signs & symptoms, contemporaneous observation
 
• Alcohol testing only permissible just before/during/just after SS duty
 

Return-to-duty and Follow-up

• Conducted in accordance with Part 40, subpart O  All tests conducted under direct observationFollow-up alcohol testing only permissible just before/ during/just after actual performance of safety-sensitive functions

Procedures

• Policy states all FTA-required testing conducted in accordance w/ 49 CFR Part 40
 

Requirement to Submit 

• All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655

Period of Coverage 

• Drug test – anytime on while on duty
• Alcohol test (random, reasonable suspicion, and follow-up) – Just before, during, or immediately after actual performance of safety-sensitive functions

Test Refusal 

• Failure to remain until the testing process is complete
• Failure to attempt to provide a breath or urine specimen 
• Failure to provide a sufficient quantity of urine or breath without a valid medical explanation
• Failure to undergo a medical evaluation as required by the MRO or DER 
• Failure to cooperate with any part of the testing process
• Failure to permit an observed or monitored collection when required
• Failure to follow an observer’s instructions to raise and lower clothing and turn around (observed)
• Possessing or wearing a prosthetic or other device used to tamper with the testing process 
• Failure to take a second test when required
• Admitting the adulteration or substitution of a specimen to the collector or MRO
• MRO verified adulterated/substituted sample
• Refusal to sign Step 2 of alcohol test form
• Failing to appear within a reasonable time
 
• *For pre-employment, NOT a refusal: Failure to appear, failure to remain at site prior to start of test, aborting collection before test commences 

Consequences 

• Positive drug or alcohol (above 0.04) test result or test refusal (SAP Referral Required)
• BAC in range of 0.02 to 0.039 (remove employee from safety-sensitive position- apply transit system disciplinary policy if applicable; DOT SAP referral prohibited)
• Dilute negative: must have fixed policy to retest or not retest (though policy may differ between test types)

Additional Employer Provisions Allowed 

• Policy delineates between FTA and company policy prohibitions, terms, etc.
• The provisions of the Drug Free Workplace Act of 1988 may be incorporated in the policy statement but must be so identified 

Compliance Tips

• Effective date of policy-normally found on cover of policy
• Policy distribution -Employees should be requested to sign a confirmation of receipt form
• Make sure future revisions of a substantive nature also receive Board approval
• Make sure all employees have the most current version of the policy
• Clearly differentiate between FTA and company authority