University of South Florida
DOT/FTA Substance Abuse Management Policy Templates for Florida Transit AgenciesWhat you need to know:The primary purpose of the policy revision is to address the recent amendments to the USDOT rule 49 CFR Part 40 and to clarify newer FTA regulatory interpretations:USDOT expanded the opiate drug class to now include synthetic opioids (hydrocodone, hydromorphone, oxycodone, oxymorphone). The drug class is now referred to as “Opioids”.There were changes made to the Medical Review Officer’s reporting process for medication safety concerns.USDOT clarified that covered employers must provide “a list” of USDOT-qualified Substance Abuse Professionals to violating employees and applicants (rather than only one SAP). FTA interpretation and guidance regarding pre-employment testing following an employee’s extended leave of absence of 90 days or more: Pre-employment testing is not authorized unless the employee’s name was also removed from the random testing pool for at least 90 days.With regard to post-accident testing procedures: company officials must use only the best information available at the scene of the accident to determine if a safety-sensitive employee’s actions can be completely discounted as a contributing factor to the accident. Once the decision is made, it cannot be reversed, regardless of the information learned subsequent to the event (such as a fatality or video evidence). Both of the new templates are compliant with FTA policy statement requirements, per 49 CFR Part 655.15.Some of the technical language has been replaced with regulatory references. The regulations referenced in the policy are available for review and/or download from the FDOT Substance Abuse Management website which has been identified in the policy templates: All 5311 sub-recipient agencies (and contractors standing in the shoes of a 5311 sub-recipient agency) are required to adopt one of the two policy templates exactly as prepared. Agencies that wish to modify the policy or add language under their own authority must submit the proposed policy modifications for review by Diana Byrnes: byrnes@cutr.usf.edu to ensure that the proposed language does not contradict or frustrate the USDOT/FTA regulations, which would render the policy non-compliant.Direct grantees of Section 5307 and/or Section 5309 are welcome to utilize these FTA compliant policy templates, but are not required to do so.The policy templates are NOT applicable to “5310-only”agencies. 5310 agencies are exempt from the FTA testing requirements (but may be subject to FMCSA regulations). For additional information about applicability, please contact Diana Byrnes: byrnes@cutr.usf.edu Zero Tolerance or Second Chance? Understanding the difference:Adopting a “zero tolerance” policy means that your agency will terminate the employment of all safety-sensitive employees who violate the USDOT/FTA drug and alcohol testing program by:Testing positive on a DOT/FTA required urine drug testHaving a confirmed blood alcohol concentration (BAC) of 0.04 or greater Refusing to submit to a USDOT/FTA required drug or alcohol test, including refusal to test due to adulteration or substitution of a urine specimen (as reported by the Medical Review Officer)Adopting a “second chance policy” means that your agency will allow a violating employee the opportunity to satisfactorily complete the USDOT’s Return-to-Duty process in order to retain their employment as a safety-sensitive employee with your agency. Employees who do not comply with all of the requirements of the USDOT’s Return-to-Duty process are prohibited from resuming safety-sensitive functions for any DOT covered employer. Having a “second chance” policy does not prohibit your agency from imposing disciplinary penalties on violating employees (such as a suspension), under your agency’s authority. How to adopt one of the compliant policy templates:Determine which policy consequences your agency will adopt (zero tolerance or second chance).Please read your agency’s selected policy template thoroughly to ensure that the policy provisions are clear to all members of your agency’s leadership. Take particular note of the policy provision regarding dilute specimens. Pre-employment and random tests that are verified as diluted will require the employee to submit to a second collection. Your agency must use the same test type for the second collection as used for the first collection (i.e., random or pre-employment). The second test is the test of record. Replace the words “Transit Agency” with your agency name, throughout the entire policy template and change the red font to black. (Red font was used to make it easier to locate the words to be replaced.) Insert your agency’s Medical Review Officer contact information and your agency’s Designated Employer Representative(s) contact information in the spaces provided in the template.Please do not remove or alter the footnote. The footnote will assist triennial review team members in quickly determining that the policy is current version of the template. Submit the policy to your governing board or highest ranking official for approval, signature and policy effective date on the cover page.Provide the new policy to all safety-sensitive employees.If you would like to distribute the policy in an electronic format you’ll need to develop some means of documenting the employee’s receipt of the policy. Obtain a signed acknowledgement of policy receipt from each safety-sensitive employee (a sample acknowledgement form has been provided with the policy templates).Retain the signed employee acknowledgements with your drug and alcohol testing records. Should you have any questions concerning the policy provisions please contact Diana Byrnes via email: byrnes@cutr.usf.edu ................
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