FTA Drug and Alcohol

1 1 FTA Drug and Alcohol REGULATION UPDATESFTA Drug and Alcohol December 2021 REGULATION UPDATES Issue 73 MIS Trainings Available Through MS TeamsThe FTA Drug and Alcohol Program Office will host training sessions focused on Management Information System (MIS) reporting. These free training sessions will run approximately 90 minutes and will provide an overview of MIS instructions and expectations. The target audience is those who submit the MIS reports for their organization. The sessions will feature a live demonstration using the DAMIS website.

2 The presenter will be available to answer visit the training page on the FTA Drug and Alcohol Program website for more information and to register for a Reports due March 15 MIS notification letters will be sent out at the end of December to the certifying official listed onthe previous year s reports and will include the Grantee s new login information. If changes to the certifying official s contact information need to be made, contact the FTA Drug and Alcohol Project Office. DAMIS will open on January 1, 2022 to accept 2021 data; MIS reports are due on March 15, 2022.

3 Grantees who have not received their notification letters by mid-January should contact the FTA Drug and Alcohol Project Office at or Saving Time: MakeSure Clocks Were ChangedReminder: Breath Alcohol Technicians should have changed the clock on the Evidentiary Breath Testing device(s) to reflect the end of Daylight Saving Time on November 7, this Issue2 Previous Employer ChecksDelays in Drug Sample 3 AnalysisLaboratory Summary 5 ReportsEmployers May Not Adjust 6 SAP Testing Department of TransportationFederal Transit Administration2 FTA Drug and Alcohol REGULATION UPDATESP revious Employer ChecksFTA Drug and Alcohol Regulation Updates newsletter Issue 65 discusses that an applicant s signature on an information release signed under the requirements of 49 CFR must be ink-on-paper.

4 If you are an employer who receives a request for information under and the employee s signature is an electronic signature or the signature looks questionable, the information should not be released. You should document your concerns and ask the requesting employer for an updated release of information form that includes a proper, wet the requesting employer is unresponsive or disagrees with your request for updated information, you may contact the FTA Drug and Alcohol Project Office for assistance at or Agreements after a DOT Violation Must Not Include Follow-Up Testing Specifics49 CFR Section requires that an employee returning to safety-sensitive duty following a DOT violation must undergo unannounced follow-up Alcohol and/or drug testing, as directed by the Substance Abuse Professional (SAP).

5 Some employers, under their own authority, require the covered employee to sign a return-to-work agreement, which provides the terms and conditions governing the employee s resumption of safety-sensitive functions. In these agreements, employers must refrain from providing the employee with any specifics about their follow-up testing plan, as follow-up testing must be unpredictable. The agreement may indicate that follow-up testing will occur, however the employee must not be made aware of the number of follow-up tests, or the timeframe in which they will be subject to follow-up testing, beyond what is stated in the regulations ( , minimum of six tests in the first year, for a period of up to five years).

6 60-Minute Drug Awareness VideoFTA-covered safety-sensitive employees are required by 49 CFR (b) to receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, as well as the signs and symptoms that may indicate prohibited drug use. FTA provides a 60-minute drug awareness video, which meets this requirement. This free video can be found on the FTA Drug and Alcohol Program website at Minimum Random Testing RatesFTA published a Federal Register notice to announce the CY2022 Drug and Alcohol Random Testing Rates for transit employers.

7 The minimum random drug testing rate will remain at 50 percent and the random Alcohol testing rate will remain at 10 percent. 3 FTA Drug and Alcohol REGULATION UPDATESD elays in Drug Sample AnalysisAs a consequence of numerous events ranging from the COVID-19 public health emergency and its associated supply-chain fractures to hurricanes and wildfires some DOT-covered employers are currently experiencing notable delays in their receipt of drug test results. Delays in processing drug test results can begin from the moment a specimen leaves the collection site.

8 Delivery delays due to weather, shipping facility problems, and system outages can add days or even weeks to the time a specimen takes to reach the laboratory. Once it reaches the laboratory, processing slow-downs and back-logs can further delay the analysis. Major weather events and other disruptions not only slow specimen travel time but can also delay the delivery and supply of other equipment and components used in specimen analysis. Employers need to monitor the testing cycle in order to keep their testing programs compliant.

9 For example, a three-week delay for a pre-employment test can mean a delay in hiring, training, and putting a potential employee into covered duty. If testing delays become more frequent, drug and Alcohol program managers should anticipate the extra time needed and plan accordingly. Communication with your Medical Review Officer (MRO), Third Party Administrator (TPA), and collection site may help isolate the source of the delays and allow you to make informed program decisions. Additionally, if delays become predictable, employees or applicants should be made aware that test results may be many days away.

10 Though delays can be frustrating and even disruptive, FTA and DOT drug and Alcohol testing regulations must be Covered by FTA and FMCSASome employees perform safety-sensitive duties regulated by more than one DOT modality, such as a school bus driver ([Federal Motor Carrier Safety Administration] FMCSA) who also operates a transit vehicle (FTA). Employers must ensure these employees are sent for DOT testing under the correct modal authority and that Step 1(D) of the CCF, which identifies the authorizing agency, is correctly pre-employment and random tests, employees must be sent for testing under the authority of the mode that regulates more than 50 percent of their time performing safety-sensitive functions.