Send an e-mail to your probation officer immediately or write a letter to the courts, and note the date and time you called, and what the issue was. (49 CFR 655.4) The predecessors of 49 CFR Part 655, Parts 653.7 and 654.7 defined a covered employee as one "who performs a safety-sensitive function for an entity subject to this part." This means you could have 1 test at the end of their week (Wednesday) and another test in the beginning of the following week (Friday) and appear to have tested twice in a single week when you were originally scheduled to only test once per week. (Revised: May 2017), FTA does not procure these services directly. (Posted: February 2009), There is no specific language developed by FTA for the procurement of drug and alcohol testing services. Finally, maintenance services that are performed on an ad hoc, or one time basis are not subject to the rules. For example, you might have 1 drug test a week for 6 months, but you don't know which day it will be. For example, we will choose hair sample tests over urine sample tests when possible. (Posted: July 2010), The FTA guidance you cite is correct. It is not a requirement to escort employees to random tests. As noted in the preamble, the definition was amended to provide for fairness and the public's safety by eliminating the distinction between safety-sensitive employees that worked for a transit operator and those employed by other maintenance providers. Failing to attend a random drug test has serious consequences. Find the Latest Information on the Coronavirus/COVID-19 at FTA's Coronavirus landing page. If something is wrong, don't wait until the courts figure it out and address it. (Posted: April, 2010). The idea is simple: Every day the testing center will announce a set of groups that need to come in for testing, and if your group is called you are required to show up. but not someone in a factory that is manufacturing the parts or equipment. Post-accident – Drug and alcohol tests may be required after crashes according to the following chart (§382.303): Rules for Arizona Employees. The FTA re-wrote the drug and alcohol rules on August 9, 2001. It doesn’t indicate current impairment due to drugs, only past use. If you test positive for alcohol or any drugs, you might jeopardize your probation terms and be sentenced to a … The Drug and Alcohol provisions apply to Operational Service Contracts. We would recommend you use an RFP (negotiated procurement) and consider the key personnel, experience, and past performance of the firms responding as important aspects of the technical evaluation process, along with price. In the preamble to those rules, we stated that "[b]ecause each recipient uses its own terminology, [FTA has] decided to define safety-sensitive based on the function performed instead of listing specific job categories. Don't wait. (Part 655 is top link in list). DOT drug and alcohol tests include: Pre-employment – An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. This requires you to do 2 things: first, you must be sober and drug-free everyday. An official website of the United States government Here's how you know. The revised FTA Drug and Alcohol Regulation was published in the Federal Register on August 9, 2001. United States, Federal Motor Carrier Safety Administration. For $5 a month, you can sign up with TestNotice and receive text message notifications directly to your cell phone everyday at a time you select, alerting you to your testing requirement. Drug and alcohol testing. FTA has a D&A Best Practices Manual with compliant model policies available. This allows the DER to track if the employee is reporting immediately and what the wait is at the collection site. Typically these contracts might be awarded for 3 to 5 years in duration, but FTA rules require all agencies receiving Federal funds to compete these contract awards at reasonable intervals. Call 1-888-420-6556 or 775-356-8327. Among these letters is one that concerns the rebuilding or overhauling of vehicles for grantees under long term contracts. There aren't a lot of differences between testing centers, but it might be worthwhile to do research in advance to see what other patrons of those centers have written about their experience. A list of industry associations is available at the Office of the Secretary of Transportation (OST) Office of D&A Policy & Compliance (ODAPC). The BPPM notes that these rules apply to "operational services contracts" where operators are performing a safety sensitive function. If you are in doubt concerning a specific contract we will have FTA review it for you. Our Blog is a service to the community and is an incredibly valuable resource for fact-based information on drug and alcohol testing, as well as what's new with TestNotice. Additional relief is provided in that maintenance providers that perform safety-sensitive functions on an ad hoc or one-time basis are also not required to comply with FTA's drug and alcohol provisions. There are many industry associations that provide this service and other marketing opportunities including DATIA, SAPAA, AAMRO, etc. This amended definition was initially promulgated in January 1999. The letters date back to 1994. Are you random drug testing? The employer must inform applicants if drug testing will be required. Drug tests will be conducted by trusted laboratories and medical professionals. An employer may refuse to hire an employee who will not submit to a drug test. The BPPM clause language in Appendix A.1, Clause #24 – Substance Abuse Requiremetns, reflects the current CFR sections. This requires you to do 2 things: first, you must be sober and drug-free everyday. You might think a week is considered Sunday through Saturday, but in fact the testing center could schedule their weeks as Thursday through Wednesday. 5311 and contracts out such services;Carrying a firearm for security purposes. Operational difficulties are not acceptable in excusing employees from testing. Once you are enrolled you'll be assigned to a group (called a "color" or "identifier" by many centers). Drug testing centers do this to ensure that you never know when your testing date will be in a given week. I would note that it has been recognized by FTA as a best practice in order to ensure that the employee reports immediately (as required by Part 655.45(h)) and that no substitute sample, time to dilute, or masking gent is procured.