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U.S. Department
of Transportation
Federal Transit
Administration
Office of Safety and Security

FTA Drug And Alcohol Regulation Updates

Spring 2002

Issue 21

Introduction....

The Federal Transit Administration (FTA) published its revised rule on prohibited drug use and the prevention of alcohol misuse (49 CFR Part 65) on August 1, 1994. The FTA published the 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 all of these changes. This Update is the twenty-first in a series.

 


Inside....

"BEST PRACTICES" Out in Spring

     The long awaited "Best Practices" manual is scheduled for distribution in May. The manual provides "real world" examples of policies, procedures, sample forms, and approaches that transit employers have used successfully to manage their drug and alcohol testing programs.
     Although some of the FTA testing requirements dictate straightforward responses, the regulation allows significant latitude in the manner in which individual employers implement their programs. The regulations represent the minimum requirements. Employers must not only meet these requirements, but must do so in a manner that reflects the unique nature of the employer, operating environment, labor/management relationship and existing policies and procedures.
     The discussion and examples provided in the Best Practices manual represent materials that transit employers have found helpful to manage their programs and to comply with the regulations. In some cases, multiple examples are given to address the same issue.
     All section 5307, 5309 and state grantees will be mailed one hard copy of the Best Practices manual. The manuals will be three hole punched and shrink wrapped for ease of placement in a three-ring binder. The majority of the best practice examples appear in the manual as six different appendices that are referenced and discussed in the text. The text is bound separately from the appendices so it can be removed from the binder for ease of use when referring to the examples. Grantees are encouraged to make hard copies of the manual available to their subrecipients.
     Grantees and subrecipients will also be provided multiple copies of the manual in PDF format on CD-ROMs.
     The text and appendices will also be provided on the FTA Office of Safety and Security website (http://transit-safety.volpe.dot.gov) in both PDF and html format. The website will also provide links from the text to the appendices for easy reference. In some cases where the examples are too large to include in the hardcopy of the manual (i.e., training materials), they will be presented in their entirety on the website.
     The revised Implementation Guidelines that summarize the regulatory requirements are currently under review and are due out later this summer. Together, these two companion manuals will provide a comprehensive guide to the FTA drug and alcohol testing program.

Hosts Needed for Part 655 Briefings

     The FTA offered several daylong briefing sessions on Part 655 at various locations throughout the country last year. The last session was held in February 2002. The sessions were well received and attendance exceeded expectations. Consequently, FTA has decided to offer additional sessions. The session will be scheduled throughout the fiscal year beginning as early as October.
     The objective of the briefings is to update participants on the regulatory changes and provide them with the technical knowledge necessary to modify their drug and alcohol testing programs to ensure compliance with the new rule. The intended audience is Drug and Alcohol Program Managers.
     If you would like to host a briefing session, please contact Jennifer Whalley at (617) 494-3798, or e-mail at Whalley@volpe.dot.gov. Hosts will be chosen based on geographic spread throughout the country, proximity to transit systems, and suitability of accommodations. The host will be expected to provide a meeting location at no charge that is capable of seating a minimum of 100 people and is equipped with microphones, LCD projector and screen. The site must also be ADA accessible.
     The briefings will be free with attendees responsible for their own travel and accommodations. A schedule of the dates and locations of the briefings will be published in future issues of this newsletter and on FTA’s home page at http://transit-safety.volpe.dot.gov. Notices will also be mailed to grantees.

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