Mass Transit - FTA

The Omnibus Transportation Employee Testing Act of 1991 requires anti-drug and alcohol misuse testing of safety-sensitive transportation employees who provide mass transit services. The Act requires the Federal Transit Administration (FTA) to issue regulations requiring recipients of federal transit funds under 49 U.S.C. 5307, 5309, and 5311, and 23 U.S.C. 103(e)(4) to test safety-sensitive employees for the use of alcohol or drugs in violation of law or federal regulation.

As a condition of FTA funding, the Act requires transit operators (employers) who receive these funds must establish and conduct a multifaceted anti-drug and alcohol misuse testing program. The regulation conditions financial assistance on the implementation of a program. Failure of an employer to develop and implement a program in compliance with this regulation may result in the suspension of federal transit funding.  This rule eliminates the distinction between large and small operators. The term “employer” is now used to include both small and large operators, as well as entities providing service under contract or other arrangement with the transit operator.

Testing under FTA regulations include pre-employment, (pre-employment alcohol testing is optional), random, reasonable suspicion, post-accident, return-to-duty and follow-up testing. The Act requires that recipients follow the testing procedures set out by the Department of Health and Human Services (DHHS). The current random testing rates for the FTA are 25% for drug and 10% for alcohol.

Integrity Testing will help you stay in compliance with FTA program requirements by establishing a complete substance abuse testing program that complies with both the Department of Transportation (DOT) regulations as specified in 49 CFR Part 40 as well as FTA regulations as identified in 49 CFR Part 655.  Our goal at Integrity is to keep each client in compliance and audit ready.

Expanded DOT program information is available at www.dot.gov/ost/dapc/index.html: What Employers Need To Know About DOT Drug and Alcohol Testing [Guidance and Best Practices]