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Spring 2008 Issue 36 |
| U.S. Department of Transportation | Federal Transit Administration | Office of Safety and Security |
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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 thirty-sixth in a series. |
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IFR Authorizes Release of Information When Required by State Law
On June 13, 2008, the Department of Transportation (DOT) amended 49 CFR
Part 40.331 by publishing an Interim Final Rule (IFR). The IFR
authorizes employers to disclose drug and alcohol violations of
commercial motor vehicle (CMV) operators to State commercial driver
licensing authorities when required by state law. The release of
information can be done without employee consent. The IFR also permits
third-party administrators (TPAs) to release drug and alcohol violations
of CMV owner-operators to licensing authorities.Several states have passed legislation requiring the release of drug and alcohol testing violations for all Commercial Drivers License (CDL) holders to their licensing authorities without the employees’ consent. This includes test results conducted under FMCSA (Part 382) and FTA (Part 655) authority. The information that must be released includes positive test results and test refusals.
Under the state laws, violation of the DOT drug and alcohol testing rules results in the suspension or revocation of the violator’s CDL. The suspension lasts until the violator has successfully completed the Return-to-Duty process including treatment and assessment by a Substance Abuse Professional (SAP). The legislation was formulated to address the safety risks associated with CMV operators who change jobs following a drug or alcohol test violation without undergoing the required treatment or SAP assessment.
The DOT supports these actions, as they are believed to have important safety benefits. Consequently, the IFR was published to eliminate any real or perceived barriers to these state legislative actions and to authorize employers to comply with the State law requirements without conflict with Part 40 confidentiality requirements. Reporting is only authorized in those states that have enacted legislation (e.g., Washington and Oregon).
The IFR was published in the Federal Register, Volume 73, No.115, on pages 33735-33737 and can be downloaded from the Office of Drug and Alcohol Policy and Compliance website at http://www.dot.gov/ost/dapc/news. Comments regarding this IFR should be submitted to docket number DOT-OST-2008-0184 by August 12, 2008. To submit your comments electronically, go to http://www.regulations.gov and follow the online instructions for submitting comments.
MIS Report Late Notices Out Soon
Each employer covered by the FTA drug and alcohol testing program is required to submit annual MIS reports that summarize test results for the preceding calendar year. The 2007 report was due to FTA by March 15, 2008. Those employers who did not submit their reports by the due date will be sent a reminder letter within the next few weeks.
Employers that do not respond to the reminder letter will be considered in non-compliance. Employers that need assistance with the completion of their report are encouraged to contact the FTA Drug and Alcohol Project Office at (617) 494-6336 or send an email to fta.damis@volpe.dot.gov.
Conference Presentations Available
The 3rd Annual FTA Drug and Alcohol Program National Conference was a huge success with record numbers in attendance. This year’s conference received rave reviews for its session topics, expert presenters, and panel discussions. Presentations from the conference can be downloaded from the FTA website at
http://transit-safety.volpe.dot.gov/DrugAndAlcohol/Training/NatConf/2008/Presentations.