DOT 49 CFR PART 655-2010 PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPERATIONS.pdf

1、470 49 CFR Ch. VI (10110 Edition) 639.33 that the procurement continues to be cost-effective. FTA shall be notified of any such event. 639.33 Management of leased assets. Each recipient must maintain an in-ventory of capital assets acquired by standard FTA project management guidelines. PART 640CRED

2、IT ASSISTANCE FOR SURFACE TRANSPORTATION PROJECTS AUTHORITY: Secs. 1501 et seq., Pub. L. 105 178, 112 Stat. 107, 241, as amended; 23 U.S.C. 181189 and 315; 49 CFR 1.51. 640.1 Cross-reference to credit assist-ance. The regulations in 49 CFR part 80 shall be followed in complying with the requirements

3、 of this part. Title 49, CFR, part 80 implements the Transpor-tation Infrastructure Finance and In-novation Act of 1998, secs. 1501 et seq., Pub. L. 105178, 112 Stat. 107, 241. 64 FR 29753, June 2, 1999 PART 655PREVENTION OF ALCO-HOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT OPER-ATIONS Subpart AGen

4、eral Sec. 655.1 Purpose. 655.2 Overview. 655.3 Applicability. 655.4 Definitions. 655.5 Stand-down waivers for drug testing. 655.6 Preemption of state and local laws. 655.7 Starting date for testing programs. Subpart BProgram Requirements 655.11 Requirement to establish an anti- drug use and alcohol

5、misuse program. 655.12 Required elements of an anti-drug use and alcohol misuse program. 655.13 Reserved 655.14 Education and training programs. 655.15 Policy statement contents. 655.16 Requirement to disseminate policy. 655.17 Notice requirement. 655.18655.20 Reserved Subpart CProhibited Drug Use 6

6、55.21 Drug testing. 655.22655.30 Reserved Subpart DProhibited Alcohol Use 655.31 Alcohol testing. 655.32 On duty use. 655.33 Pre-duty use. 655.34 Use following an accident. 655.35 Other alcohol-related conduct. 655.36655.40 Reserved Subpart ETypes of Testing 655.41 Pre-employment drug testing. 655.4

7、2 Pre-employment alcohol testing. 655.43 Reasonable suspicion testing. 655.44 Post-accident testing. 655.45 Random testing. 655.46 Return to duty following refusal to submit to a test, verified positive drug test result and/or breath alcohol test re-sult of 0.04 or greater. 655.47 Follow-up testing

8、after returning to duty. 655.48 Retesting of covered employees with an alcohol concentration of 0.02 or great-er but less than 0.04. 655.49 Refusal to submit to a drug or alcohol test. 655.50 Reserved Subpart FDrug and Alcohol Testing Procedures 655.51 Compliance with testing procedures requirements

9、. 655.52 Substance abuse professional (SAP). 655.53 Supervisor acting as collection site personnel. 655.54655.60 Reserved Subpart GConsequences 655.61 Action when an employee has a verified positive drug test result or has a confirmed alcohol test result of 0.04 or greater, or refuses to submit to a

10、 test. 655.62 Referral, evaluation, and treatment. 655.63655.70 Reserved Subpart HAdministrative Requirements 655.71 Retention of records. 655.72 Reporting of results in a management information system. 655.73 Access to facilities and records. 655.74655.80 Reserved Subpart ICertifying Compliance 655

11、.81 Grantee oversight responsibility. 655.82 Compliance as a condition of finan-cial assistance. 655.83 Requirement to certify compliance. AUTHORITY: 49 U.S.C. 5331; 49 CFR 1.51. SOURCE: 66 FR 42002, Aug. 9, 2001, unless otherwise noted. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 004

12、80 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-471 Federal Transit Admin., DOT 655.4 Subpart AGeneral 655.1 Purpose. The purpose of this part is to estab-lish programs to

13、 be implemented by employers that receive financial assist-ance from the Federal Transit Admin-istration (FTA) and by contractors of those employers, that are designed to help prevent accidents, injuries, and fa-talities resulting from the misuse of al-cohol and use of prohibited drugs by employees

14、who perform safety-sen-sitive functions. 655.2 Overview. (a) This part includes nine subparts. Subpart A of this part covers the gen-eral requirements of FTAs drug and alcohol testing programs. Subpart B of this part specifies the basic require-ments of each employers alcohol mis-use and prohibited

15、drug use program, including the elements required to be in each employers testing program. Subpart C of this part describes prohib-ited drug use. Subpart D of this part describes prohibited alcohol use. Sub-part E of this part describes the types of alcohol and drug tests to be con-ducted. Subpart F

16、 of this part address-es the testing procedural requirements mandated by the Omnibus Transpor-tation Employee Testing Act of 1991, and as required in 49 CFR Part 40. Sub-part G of this part lists the con-sequences for covered employees who engage in alcohol misuse or prohibited drug use. Subpart H o

17、f this part con-tains administrative matters, such as reports and recordkeeping require-ments. Subpart I of this part specifies how a recipient certifies compliance with the rule. (b) This part must be read in con-junction with 49 CFR Part 40, Proce-dures for Transportation Workplace Drug and Alcoho

18、l Testing Programs. 655.3 Applicability. (a) Except as specifically excluded in paragraphs (b), and (c) of this section, this part applies to: (1) Each recipient and subrecipient receiving Federal assistance under: (i) 49 U.S.C. 5307, 5309, or 5311; or (ii) 23 U.S.C. 103(e)(4); and (2) Any contracto

19、r of a recipient or subrecipient of Federal assistance under: (i) 49 U.S.C. 5307, 5309, or 5311; or (ii) 23 U.S.C. 103(e)(4). (b) A recipient operating a railroad regulated by the Federal Railroad Ad-ministration (FRA) shall follow 49 CFR Part 219 and 655.83 for its railroad op-erations, and shall f

20、ollow this part for its non-railroad operations, if any. (c) A recipient operating a ferryboat regulated by the United States Coast Guard (USCG) that satisfactorily com-plies with the testing requirements of 46 CFR Parts 4 and 16, and 33 CFR Part 95 shall be in concurrent compliance with the testing

21、 requirements of this part. This exception shall not apply to the provisions of section 655.45, or sub-parts G, or H of this part. 66 FR 42002, Aug. 9, 2001, as amended at 71 FR 69198, Nov. 30, 2006 655.4 Definitions. For this part, the terms listed in this section have the following definitions. Th

22、e definitions of additional terms used in this part but not listed in this section can be found in 49 CFR Part 40. Accident means an occurrence associ-ated with the operation of a vehicle, if as a result: (1) An individual dies; or (2) An individual suffers bodily injury and immediately receives med

23、ical treatment away from the scene of the accident; or (3) With respect to an occurrence in which the mass transit vehicle in-volved is a bus, electric bus, van, or automobile, one or more vehicles (in-cluding non-FTA funded vehicles) in-curs disabling damage as the result of the occurrence and such

24、 vehicle or ve-hicles are transported away from the scene by a tow truck or other vehicle; or (4) With respect to an occurrence in which the mass transit vehicle in-volved is a rail car, trolley car, trolley bus, or vessel, the mass transit vehicle is removed from operation. Administrator means the

25、Adminis-trator of the Federal Transit Adminis-tration or the Administrators des-ignee. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00481 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted wit

26、hout license from IHS-,-,-472 49 CFR Ch. VI (10110 Edition) 655.4 Anti-drug program means a program to detect and deter the use of prohib-ited drugs as required by this part. Certification means a recipients writ-ten statement, authorized by the orga-nizations governing board or other au-thorizing o

27、fficial that the recipient has complied with the provisions of this part. (See 655.82 and 655.83 for certifi-cation requirements.) Contractor means a person or organi-zation that provides a safety-sensitive service for a recipient, subrecipient, employer, or operator consistent with a specific under

28、standing or arrange-ment. The understanding can be a writ-ten contract or an informal arrange-ment that reflects an ongoing relation-ship between the parties. Covered employee means a person, in-cluding an applicant or transferee, who performs or will perform a safety-sen-sitive function for an enti

29、ty subject to this part. A volunteer is a covered em-ployee if: (1) The volunteer is required to hold a commercial drivers license to oper-ate the vehicle; or (2) The volunteer performs a safety- sensitive function for an entity subject to this part and receives remuneration in excess of his or her

30、actual expenses incurred while engaged in the volun-teer activity. Disabling damage means damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. (1) Inclusion. Damage to a motor ve-hicle, where the vehicle could have be

31、en driven, but would have been fur-ther damaged if so driven. (2) Exclusions. (i) Damage that can be remedied temporarily at the scene of the accident without special tools or parts. (ii) Tire disablement without other damage even if no spare tire is avail-able. (iii) Headlamp or tail light damage.

32、(iv) Damage to turn signals, horn, or windshield wipers, which makes the ve-hicle inoperable. DOT or The Department means the United States Department of Transpor-tation. DOT agency means an agency (or operating administration) of the United States Department of Transpor-tation administering regulat

33、ions re-quiring drug and alcohol testing. See 14 CFR part 121, appendices I and J; 33 CFR part 95; 46 CFR parts 4, 5, and 16; and 49 CFR parts 199, 219, 382, and 655. Employer means a recipient or other entity that provides mass transpor-tation service or which performs a safe-ty-sensitive function

34、for such recipient or other entity. This term includes subrecipients, operators, and contrac-tors. FTA means the Federal Transit Ad-ministration, an agency of the U.S. De-partment of Transportation. Performing (a safety-sensitive function) means a covered employee is consid-ered to be performing a s

35、afety-sen-sitive function and includes any period in which he or she is actually per-forming, ready to perform, or imme-diately available to perform such func-tions. Positive rate for random drug testing means the number of verified positive results for random drug tests con-ducted under this part p

36、lus the number of refusals of random drug tests re-quired by this part, divided by the total number of random drug tests re-sults (i.e., positive, negative, and refus-als) under this part. Railroad means: (1) All forms of non-highway ground transportation that run on rails or electromagnetic guidewa

37、ys, including: (i) Commuter or other short-haul rail passenger service in a metropolitan or suburban area, as well as any com-muter rail service that was operated by the Consolidated Rail Corporation as of January 1, 1979; and (ii) High speed ground transportation systems that connect metropolitan a

38、reas, without regard to whether they use new technologies not associated with traditional railroads. (2) Such term does not include rapid transit operations within an urban area that are not connected to the gen-eral railroad system of transportation. Recipient means an entity receiving Federal fina

39、ncial assistance under 49 U.S.C. 5307, 5309, or 5311; or under 23 U.S.C. 103(e)(4). Refuse to submit means any cir-cumstance outlined in 49 CFR 40.191 and 40.261. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00482 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with

40、 CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-473 Federal Transit Admin., DOT 655.12 Safety-sensitive function means any of the following duties, when performed by employees of recipients, subrecipi-ents, operators, or contractors: (1) Operatin

41、g a revenue service vehi-cle, including when not in revenue service; (2) Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Drivers License; (3) Controlling dispatch or movement of a revenue service vehicle; (4) Maintaining (including repairs, overhaul a

42、nd rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. 5307 or 5309, is in an area less than 200,000 in population, and contracts out such services; or an employer who re-ceives fun

43、ding under 49 U.S.C. 5311 and contracts out such services; (5) Carrying a firearm for security purposes. Vehicle means a bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A mass transit vehicle is a vehicle used for mass transportation or for ancillary serv-ices. Vio

44、lation rate for random alcohol test-ing means the number of 0.04 and above random alcohol confirmation test re-sults conducted under this part plus the number of refusals of random alco-hol tests required by this part, divided by the total number of alcohol random screening tests (including refusals

45、) conducted under this part. 66 FR 42002, Aug. 9, 2001, as amended at 68 FR 75462, Dec. 31, 2003 655.5 Stand-down waivers for drug testing. (a) An employer subject to this part may petition the FTA for a waiver al-lowing the employer to stand down, per 49 CFR Part 40, an employee following a report

46、of a laboratory confirmed posi-tive drug test or refusal, pending the outcome of the verification process. (b) Each petition for a waiver must be in writing and include facts and jus-tification to support the waiver. Each petition must satisfy the requirements for obtaining a waiver, as provided in

47、49 CFR 40.21. (c) Each petition for a waiver must be submitted to the Office of Safety and Security, Federal Transit Adminis-tration, U.S. Department of Transpor-tation, 400 Seventh Street, SW. Wash-ington, DC 20590. (d) The Administrator may grant a waiver subject to 49 CFR 40.21(d). 655.6 Preempti

48、on of state and local laws. (a) Except as provided in paragraph (b) of this section, this part preempts any state or local law, rule, regulation, or order to the extent that: (1) Compliance with both the state or local requirement and any requirement in this part is not possible; or (2) Compliance w

49、ith the state or local requirement is an obstacle to the ac-complishment and execution of any re-quirement in this part. (b) This part shall not be construed to preempt provisions of state criminal laws that impose sanctions for reckless conduct attributed to prohibited drug use or alcohol misuse leading to actual loss of life, injury, or damage to prop-erty, whether the provisions apply spe-cifically to transportatio