What Is the Omnibus Transportation Employee Testing Act and How Does It Affect FTA Employees?
Most FTA regulated employees have heard of the Omnibus Transportation Employee Testing Act, but too few understand its meaning or how it relates to them. Passed in 1991, the Omnibus Transportation Employee Testing Act was created by Congress for the purpose of requiring DOT Agencies to mandate drug and alcohol testing for employees with safety-sensitive roles. Furthermore, it regulates how testing is conducted and the process for returning employees to their safety-sensitive duties following a violation of DOT drug and alcohol regulations.
How the Act Affects Federally-Regulated Employees and What Happens After They Fail a Test
DOT-mandated safety-sensitive employees are all subject to this act. It regulates what happens after they fail a test and how they can return to safety-sensitive job functions once they comply with their outlined program from their SAP. It is also applicable to all of the DOT modes (FAA, PHMSA, FRA, FMCSA, FTA, USCG).
Any safety-sensitive employee who fails a drug and/or alcohol test is required go through the return to duty process which includes an initial evaluation from a DOT qualified SAP, compliance with the outlined program, a follow-up evaluation, and return to duty drug and/or alcohol testing. Return-to-duty approvals and documents are required for employees to return to safety-sensitive work.
FTA Employees Back to Work – What Happens Next
Once employees successfully complete the return to duty process, and provide a negative test result, they are able to resume safety-sensitive duties. It is up to the employer to decide if they want to take the employee back but if they can not resume safety-sensitive work at the same company they are able to seek safety-sensitive work elsewhere.
Once an employee returns to their safety-sensitive functions, they will submit follow-up drug and alcohol tests regularly. How often and the duration depends on the recommendation of the SAP.
Have you failed a drug and/or alcohol test and are looking to resume safety-sensitive duties? Find a SAP quickly with SAP Referral Services (SRS). Contact SRS today to find out more about the Omnibus Transportation Employee Testing Act and how we can help FTA employees.