until the individual successfully completes the return-to-duty process described in Part 40, Subpart O. Te date of the violation has no impact on this requirement. For example, an employer, interviewing an applicant in 2017 who had a positive DOT test in 2012, may assume since the positive test was five years ago, this individual can be hired without ensuring he or she completed the return-to- duty process. Tis assumption is false; the applicant must still be able to demonstrate successful completion of the return-to-duty requirements of Part 40.


Clarification: An Employee Who Consumes Alcohol While On-Call Has Not Violated An FTA Prohibition


Previously, the FTA reported that a previous employer must disclose


whether the employee has violated any of the prohibitions on the use of drugs or the misuse of alcohol under a DOT agency, which for the FTA, are specified in §655.21(c), and §655.32-§655.34. Since, the FTA has clarified that a covered employee who has consumed alcohol while on-call to perform a safety- sensitive function has not violated an FTA prohibition. Because §655.33 (b) includes provisions allowing for an on-call employee to acknowledge the use of alcohol at the time they are called to report for duty, this behavior would not be considered a violation of an FTA rule.


Firearm Discharge Is Not Cause for FTA Post-Accident Testing


Carrying a firearm for security purposes is one of the five safety-sensitive


functions defined in 49 CFR Part 655, and therefore those performing this function are subject to DOT/FTA drug and alcohol testing. However, there is no automatic DOT/FTA requirement for drug and alcohol testing following the discharge of a firearm by security personnel. Although the act could trigger a reasonable suspicion interview by a trained and authorized company official, since it does not fall under the FTA definition of an accident, the act itself may not result in DOT/FTA post- accident testing. For more information on these FTA


updates, visit htps://www.transit.dot.gov/ sites/ſta.dot.gov/files/docs/regulations- and-guidance/safety/69121/ſta-drug-and- alcohol-newsleter-issue-64.pdf. ❚


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