An FTA Drug and Alcohol Program with policies is required of all subrecipients receiving state administered funds. There is an exception for 5310 Program subrecipients that only receive 5310 funds.
Required Program: An FTA Drug and Alcohol Program with policies is required of all subrecipients receiving state administered funds. Subrecipients that only receive 5310 Program funds are not subject to FTA Drug and Alcohol testing rules but must comply with FMCSA rules for employees with CDL licenses.
Compliance: To ensure compliance with the FTA Drug and Alcohol Testing Program for Safety sensitive employee’s requirements public transportation providers must:
- Establish an anti‐drug use and alcohol misuse program;
- Establish an education and training program for all covered employees;
- Establish and provide written notice to every covered employee, of the employer's anti‐drug and alcohol misuse program policy;
- Establish a program that provides testing for outlined prohibited drugs;
- Establish a program that provides testing for alcohol;
- Comply with all testing requirements;
- Maintain in a secure location with controlled access, all records of its anti‐drug and alcohol misuse program; and,
- Annually prepare, maintain, and electronically complete and submit a Drug and Alcohol Management Information Systems (DAMIS) Report that reflects the results of their testing program. The Integrated Mobility Division (IMD) will provide preparation instructions each year along with a transit agency user ID# and password to all FTA Section 5311 subrecipients. A copy of this report should be printed from the reporting website and maintained by the subrecipient.
Drug-Free Workplace: Subrecipients receiving grants from IMD must certify they will maintain a drug‐free workplace. Subrecipients must have a drug‐free workplace policy.
Record Retention and Controlled Access: Subrecipients should reference 49 CFR Parts 40 and 655 – 655.71 for Retention of Records and 655.73 for access to facilities and records.
Monitoring and Oversight: IMD or it’s designee will randomly or when risk compliance is indicated, conduct on‐site reviews of each transit system’s Drug and Alcohol Program and their collection site(s) for compliance with Federal regulations. IMD or it’s designee will review each DAMIS survey and/or DAMIS report and forward the data to FTA prior to March 15th of each year.
Technical Assistance: Technical assistance and policy templates will be provided by IMD upon request.
References
49 CFR Part 655
49 CFR Part 40
