Substance Abuse Model Policy Templates and Instructions for Adopting Policy

To ensure FDOT’s compliance with FTA rule, all 5311 sub-recipient agencies and contractors performing transportation services for a 5311 sub-recipient, are required to adopt one of the two policy templates.  (Other transit systems are welcome to utilize the policy templates as well, if they choose to do so).

If you are a 5310-only agency, visit your page to download the policy templates.

Regulations

49 CFR Part 40 are the USDOT regulations that pertain to the procedures for drug and alcohol testing in the transportation workplace.  All USDOT modes are covered by these regulations, which specifically define how testing specimens are collected and analyzed and the result reporting process.

49 CFR Part 655 are the drug and alcohol testing regulations that are specific to the Federal Transit Administration.  These regulations define which employees are subject to drug and alcohol testing and the circumstances under which the testing is required to be performed by an FTA covered employer.

FDOT Public Transit Substance Abuse Management Procedure
Direct grantees of FTA Section 5307 and/or 5309 funding and sub-recipients of FTA Section 5311 funding from the Department (FDOT) must comply with the USDOT and FTA drug and alcohol testing regulations; 49 CFR Parts 40 and 655, respectively. Direct grantees must certify their compliance directly to FTA on an annual basis and are subject to FTA Drug & Alcohol Program Audits. Sub-recipient agencies must certify their compliance annually to the Florida Department of Transportation and are subject to the Department’s oversight procedures, in accordance with the Public Transit Substance Abuse Management Procedure 725-030-035, as amended.

Florida Administrative Code 14-90.004-Bus Transit System Operational Standards
(3) (h) Each bus transit system shall establish a drug-free workplace policy statement in accordance with 49 C.F.R. Part 32 and a substance abuse management and testing program in accordance with 49 C.F.R. Parts 40 and 655.

Urine Specimen Collection Guidelines: These guidelines, together with 49 CFR Part 40 and the DOT operating administrations’ rules, will provide collectors with the information needed in the performance of their collection duties.

FTA Posts Updated Implementation Guidelines for Drug & Alcohol Regulations in Public Transportation

The Federal Transit Administration (FTA) has posted updated guidelines to provide transit employers with the knowledge and resources needed to develop, implement, and manage a drug and alcohol testing program to comply with FTA and U.S. Department of Transportation regulations. Employers with well-established drug and alcohol testing programs can use these guidelines to assess their level of compliance, validate policies and procedures, and identify areas that require modification. This guidance was last revised in 2009

Common Regulatory Questions

The following are frequently asked question regarding drug and alcohol program management.  Below each question is a link to a PDF document with cites the appropriate regulations.  The document can be printed for your quick reference.  If you have questions that are not addressed here, please email Diana Byrnes.

  • What actions constitute a “refusal to test”?
  • What happens if an employee can’t produce enough urine for testing?
  • What events qualify as an “accident” that will require drug and alcohol testing?
  • We currently have employees in follow up testing program; do they need to submit to directly observed collections? What exactly are directly observed collections?
  • What are the FTA policy statement requirements regarding drugs and alcohol?
  • What are the FTA education and training requirements for covered employees and supervisors?
  • Preparing for an audit? Here are the current FTA Drug and Alcohol Program Audit Questions.