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