Drug & Alcohol Updates
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Regulatory Updates:

Federal Transit Administration
The Federal Transit Administration (FTA) proposes to eliminate duplicative requirements for safety-sensitive employees of some public (mass) transportation systems, who are subject to the drug and alcohol testing requirements of both FTA and the United States coast Guard (USCG), or FTA and the Federal Motor Carriers Safety Administration (FMCSA). Recipients could concurrently comply with FTA’s drug and alcohol testing program as they comply with the testing requirements of the USCG or FMCSA. However, FTA’s post-accident and reasonable suspicion testing requirements would continue to apply when accidents occur while performing public transportation activities.

FTA consulted with the USCG and both agencies agreed that ferries were primarily regulated by the USCG. FTA determined that for safety purposes, it was sufficient for these operators to comply with USCG’s drug and alcohol testing requirements. However, because the USCG does not require random alcohol testing, it was determined the operators would remain subject to FTA’s random alcohol testing requirements.

FTA now proposes to adopt a regulatory provision that parallels FMCSA’s rule for motor carrier operators who receive federal transit funding. Specifically, FTA proposes that a private or nonprofit motor-carrier employer, with employees who perform safety-sensitive functions regulated by both FTA and FMCSA, may determine whether or not a majority (more than 50 percent) of these employees are regulated by FMCSA. If so, the employer may opt to comply with the FMCSA testing requirements only for that class of employees. However, for safety purposes, FTA’s post-accident requirements, section 655.44, would apply when an accident, as defined in section 655.4 occurs in the performance of public transportation activities.

The FTA notes that FMCSA testing regulations do not apply to transit maintenance employees. Therefore, maintenance workers servicing transit vehicles would remain subject to 49 CFR part 655.

From the U.S. Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance
Editor’s Note: The DOT finds that certain questions pertaining to the drug/alcohol testing program are common and recurring. The following have been extracted from those published by the DOT.

As an employee or employer, how do I know if I am subject to DOT testing?

Generally, DOT regulations cover safety-sensitive transportation employers and employees. Each DOT agency (e.g. FRA, FMCSA, FTA, FAA and PHMSA) and the USCG have specific drug and alcohol testing regulations that outline who is subject to their testing regulations.

How does 49 CFR Part 40 differ from the DOT Agency specific regulations?

49 CFR Part 40 (commonly referred to as “Part 40”) states:

• how drug and alcohol testing is conducted
• who is authorized to participate in the drug and alcohol testing program
• what employees must do before they may return-to-duty following a drug and/or alcohol violation

The DOT Agency and the USCG specific regulations state:

• the agency’s prohibitions on drug and alcohol use
• who is subject to the regulations
• what testing is authorized
• when testing is authorized
• the consequences of non-compliance

The DOT Agencies and the USCG incorporate Part 40 into their regulations and enforce compliance of all their respective regulations. read more

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Did You Know?

Alcoholics Anonymous (A.A.) Members Represent a Wide Variety of Occupations
In an effort to determine the effectiveness of A.A., the General Service Office of A.A. conducts an anonymous survey of the A.A. Fellowship every three years. More than 7,500 members participated in the most recent survey, conducted in 2004. A.A., a program which assists people in being alcohol free, plays a major role in many employees’ lives. The survey found that the average member is 48 years old, has been sober more than eight years and attends about two meetings a week. Members’ occupations continue to cover a broad spectrum: retired, 14 percent; self-employed/other, 11 percent; manager/administrator, 10 percent; professional/technical, 10 percent; skilled trade, 9 percent; laborer, 6 percent; health professional, 6 percent; sales worker, 5 percent; service worker, educator, clerical worker, student, all 3 percent; homemaker and transportation workers, each 2 percent; craft worker, 1 percent; and disabled (not working) and unemployed, 6 percent.

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Focus On:
The DAC News Service seeks to inform by providing information on topics of broad interest and concern to employers. Therefore, from time-to-time, we will select subjects we believe to be relevant and informative to the workplace environment. This month’s topic discusses “The Drug and Alcohol Testing Process.”

The Drug and Alcohol Testing Process
As a manager or supervisor, it is important to have a basic understanding of the drug and alcohol testing process in order to answer an employee’s questions concerning what happens when he/she is tested. This applies to all tests is especially true with Reasonable Cause/Suspicion testing because of the job and career implications.

It should be noted that the U.S. Department of Transportation along with the U.S. Department of Health and Human Services and the U.S. Department of Labor have established program and procedure requirements that are generally accepted as the “gold standard” for drug/alcohol testing programs. These are the procedures followed by the vast majority of businesses and public entities; therefore, following are the procedures. read more

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USIS Schedule

View the 2006 Schedule for Commercial Services.

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Published by USIS
Copyright © 2006 USIS. All rights reserved.

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