Drung and Alcohol Annual Report 1999

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PREFACE

This annual report represents the cooperative efforts of many people. Full appreciation is extended to the U.S. Department of Transportation’s Federal Transit Administration, the Volpe National Transportation Systems Center, and the following individuals who were instrumental in guiding this project and contributing to its success:

Mark A. Snider

Drug and Alcohol Program Manager

Federal Transit Administration

James A. Harrison

Transportation Industry Analyst

Volpe National Transportation Systems Center

TABLE OF CONTENTS

 

1. INTRODUCTION

1.1 Who Must Report

1.2 Employees Who Must be Tested

1.3 Types of Tests

1.4 Drug Testing Program Overview

1.5 Alcohol Testing Program Overview

1.6 Drug and Alcohol MIS Data Quality and Validation

1.7 Availability of Drug and Alcohol MIS Documentation

1.8 Organization of this Report

2. GENERAL INFORMATION ON DRUG AND ALCOHOL FORMS

2.1 Distribution of Transit Systems and Contractors

2.2 Drug and Alcohol Forms Received by Region

2.3 Rail and Non-Rail Employers

2.4 FTA-Covered Employers

2.5 Federal Funds

3.DRUG TEST RESULTS

3.1 Random Drug Test Results for 1999

3.2 Drug Test Results by FTA Region

3.3 Results of Drug Tests Presented by Test Types

3.4 Post-Accident Training

3.5 Distribution of Positive Drug Test Results by Type of Drug

3.6 Drug Test Refusals

3.7 Return-to-Duty-Positive Rate

3.8 Results of Drug Tests Presented by Employee Category

4.ALCOHOL TEST RESULTS

4.1 Alcohol Tests by FTA Region

4.2 Results of Alcohol Testing by Test Type and Employee Category

4.3 Employees Who Refused Alcohol Testing

4.4 Employees Returned to Duty

4.5 Accidents

4.6 Post-Accident Positives

4.7 Violation Rate

4.8 Other Violations

5.TREND ANALYSIS

5.1 Drug and Alcohol Reports Received

5.2 Positive Drug and Alcohol Test Results

5.3 Violation Rates and Test Refusals

5.4 Drug and Alcohol Test Positives by Employment Category and Test Type

5.5 Drug and Alcohol Test Positives - Regional Comparisons

APPENDICES

 

A – Glossary

B – FTA Regions

C – Rail Employers

LIST OF FIGURES

 

Figure Page

1-1. FTA Federal Funding Sources (1999)...................................................................................... 1-1

2-1. Number of Drug and Alcohol Forms Received......................................................................... 2-1

2-2. Drug and Alcohol Forms Received by Employer Size............................................................... 2-2

2-3. Number of FTA Drug and Alcohol Forms Received by Region................................................. 2-2

2-4. Forms Received – Rail Versus Non-Rail.................................................................................. 2-3

2-5. Number of FTA-Covered Employees by Employer Category/Percent of Labor Force that

was Contracted....................................................................................................................... 2-4

2-6. Percent of FTA-Covered Employees in Each Employee Category – Transit Systems................ 2-4

2-7. Percent of FTA-Covered Employees in Each Employee Category – Contractors...................... 2-5

2-8. Number of FTA-Covered Employees by Employee Category – Large, Small, and Rural

Systems................................................................................................................................... 2-5

2-9. Percent of All FTA-Covered Employees for Large Operators.................................................. 2-6

2-10. Percent of All FTA-Covered Employees for Small Operators................................................... 2-6

2-11. Percent of All FTA-Covered Employees Reporting for Rural Operators................................... 2-7

2-12. Number of FTA-Covered Employees by Employer Size........................................................... 2-7

2-13. Number of FTA-Covered Employees by Employee Category for Rail and Non-Rail................. 2-8

2-14. Percent of FTA-Covered Employees in Each Employee Category – Rail Operators.................. 2-8

2-15. Percent of FTA-Covered Employees in Each Employee Category – Non-Rail Operators.......... 2-9

2-16. Number of FTA-Covered Employees by Region...................................................................... 2-9

2-17. FTA-Covered Employees by Region/Size................................................................................ 2-10

2-18. Number and Percent of Transit Systems that Received Federal Funds by Source of

Funding................................................................................................................................... 2-11

2-19. Percent of Total Funds by Funding Source............................................................................... 2-11

2-20. Number of Transit Systems that Received Federal Funds by Source of Funding and by

FTA Region............................................................................................................................ 2-12

2-21. Number of Transit Systems that Received Federal Funds by Size.............................................. 2-12

3-1. Random Drug Test Results by FTA Region.............................................................................. 3-2

3-2. Percent of Positives by FTA Region......................................................................................... 3-3

3-3. Number and Percent of Positive Specimens by Type of Drug.................................................... 3-12

3-4. Number of Positive Specimens by Type of Drug for Each Employer Type................................. 3-13

3-5. Percent of Positive Specimens by Type of Drug for Each Employer Type.................................. 3-13

3-6. Percent of Positive Specimens by Type of Drug and Operator Size........................................... 3-14

3-7. Number and Type of Drug by FTA Region.............................................................................. 3-14

3-8. Percent of Positive Specimens by FTA Region and Type of Drug............................................. 3-15

3-9. Number of Positive Specimens by Employer Category and Type of Drug.................................. 3-15

3-10. Percent of Positive Specimens by Type of Drug and Employee Category.................................. 3-16

3-11. Drug Test Refusals................................................................................................................... 3-17

4-1. Consequences of an Alcohol Test for FTA-Covered Employees............................................... 4-1

LIST OF FIGURES (cont.)

 

Figure Page

4-2. Percent of Alcohol Positives by Region.................................................................................... 4-3

4-3. Percent Positive Random Alcohol Rates by Region................................................................... 4-4

4-4. Alcohol Test Refusals.............................................................................................................. 4-18

5-1. Drug and Alcohol Reports Received........................................................................................ 5-1

5-2. Comparison of Positive Random Drug Test Results.................................................................. 5-2

5-3. Comparison of Random Alcohol Test Results ³ 0.04................................................................ 5-3

5-4. Total Positive Drug Test Rate................................................................................................... 5-3

5-5. Total Results of Alcohol Tests ³ 0.04....................................................................................... 5-4

5-6. Violation Rate (Alcohol).......................................................................................................... 5-4

5-7. The Random Drug Test Violation Rate..................................................................................... 5-5

5-8. Alcohol Test Refusals.............................................................................................................. 5-6

5-9. Drug Test Refusals................................................................................................................... 5-6

5-10. Drug Test Results by Test Type 1996 to 1999......................................................................... 5-8

5-11. Alcohol Test Results ³ 0.04 by Test Type 1996 to 1999.......................................................... 5-9

5-12. Comparison of Test Results by Drug Type 1996 to 1999......................................................... 5-10

5-13. Random Alcohol Test Results ³ 0.04 by Region....................................................................... 5-11

5-14. Positive Random Drug Tests by Region.................................................................................... 5-11

5-15. Percent of Positive Random Drug Tests by Region................................................................... 5-12

LIST OF Tables

 

Table Page

 

ES-1. 1996 to 1999 Positive Random Drug Test Results.................................................................... ES-5

ES-2. 1996 to 1999 Random Alcohol Test Results ³ 0.04................................................................. ES-5

ES-3. 1996 to 1999 Positive Drug Test Results.................................................................................. ES-5

ES-4. 1996 to 1999 Alcohol Test Results ³ 0.04............................................................................... ES-5

ES-5. 1996 to 1999 Positive Drug Test Results/Employee Category................................................... ES-6

ES-6. 1996 to 1999 Alcohol Test Results ³ 0.04/Employee Category................................................ ES-6

3-1. 1999 Random Drug Test Results.............................................................................................. 3-1

3-2. Random Drug Test Results by Operator Size............................................................................ 3-1

3-3. Random Drug Test Results for Rail and Non-Rail..................................................................... 3-1

3-4. Drug Test Results by Test Type and Employee Category.......................................................... 3-4

3-5. Drug Test Results by Test Type and Employee Category by Size.............................................. 3-6

3-6. Drug Test Results by Test Type and Employee Category by Rail and Non-Rail......................... 3-8

3-7. Accidents with Drug Positives.................................................................................................. 3-10

3-8. Accidents with Drug Positives by Operator Size....................................................................... 3-10

3-9. Accidents with Drug Positives by Region.................................................................................. 3-11

LIST OF Tables (cont.)

Table Page

3-10. Post-Accident Drug Test Positives by Employee Category.................................................... 3-11

3-11. Multiple Drug Combinations.................................................................................................. 3-16

3-12. Returned-to-Duty Covered Employees................................................................................. 3-17

3-13. Drug Test Results by Employee Category and Test Type by Transit Systems and

Contractor............................................................................................................................ 3-19

3-14. Drug Test Results by Employee Category and Test Type by Size........................................... 3-21

3-15. Drug Test Results by Employee Category and Test Type by Rail and Non-Rail...................... 3-23

4-1. Percent of Alcohol Forms Received for 1999 With at Least One Positive Test Result............. 4-2

4-2. Random Alcohol Test Results at Both Levels for Transit Systems and Contractors................. 4-2

4-3. Random Alcohol Test Results at Both Levels by Size............................................................. 4-2

4-4. Random Alcohol Test Results by Rail and Non-Rail.............................................................. 4-2

4-5. Random Alcohol Test Results at Both Levels by Region........................................................ 4-4

4-6. Alcohol Test Results by Test Type and Employee Category by

Transit System and Contractor.............................................................................................. 4-6

4-7. Alcohol Test Results by Test Type and Employee Category by Size....................................... 4-8

4-8. Alcohol Test Results by Test Type and Employee Category by Rail and Non-Rail.................. 4-10

4-9. Alcohol Test Results by Employee Category and Test Type by Transit System

and Contractor..................................................................................................................... 4-12

4-10. Alcohol Test Results by Employee Category and Test Type by Size....................................... 4-14

4-11. Alcohol Test Results by Employee Category and Test Type by Rail and Non-Rail.................. 4-16

4-12. Covered Employees Returned-to-Duty................................................................................. 4-18

4-13. Accidents with Alcohol Positives........................................................................................... 4-19

4-14. Accidents with Alcohol Positives by Size............................................................................... 4-19

4-15. Post-Accident Alcohol Positives........................................................................................... 4-20

4-16. Violation Rate by Transit System/Contractor......................................................................... 4-20

4-17. Violation Rate by Employer Size........................................................................................... 4-20

4-18. Violation Rate by FTA Region.............................................................................................. 4-21

4-19. Other Alcohol Violations....................................................................................................... 4-21

5-1. Percent of Drug Reports with a Positive and Alcohol Reports with a Test ³ 0.04................... 5-2

EXECUTIVE SUMMARY

 

INTRODUCTION

 

This annual report presents the results of mandatory drug and alcohol testing conducted by transit systems and their contractors receiving funds from the Federal Transit Administration (FTA). Under the Omnibus Transportation Employee Testing Act passed by Congress in 1991, the FTA was required to establish regulations for drug and alcohol testing of transit employees performing safety-sensitive functions. These regulations require that each recipient of FTA funds (1) implement an anti-drug program to deter and detect the use of prohibited drugs, (2) establish a program to prevent the misuse of alcohol, and (3) report the results of its programs to FTA annually. The 1999 Annual Report is the fourth annual report summarizing the reported results of drug and alcohol tests from all such transit systems.

 

Compliance with FTA’s drug and alcohol testing program is a condition of Federal assistance. Failure of a recipient to establish and implement a drug and alcohol testing program - either in its own operations or in those of an entity operating on its behalf - may result in the suspension of Federal transit funding to the recipient. Because a recipient may not always directly provide mass transit services, the FTA uses the term “operator” or “employer” to describe those who actually provide transit services. The direct recipient of FTA funds, however, is the entity legally responsible to the FTA for compliance.

DISTRIBUTION OF TRANSIT SYSTEMS AND CONTRACTORS

 

The FTA received drug and alcohol MIS reporting forms for calendar year 1999 from 2,588 individual employers representing 1,628 transit systems and 960 contractors. Of the 2,588 individual employers, 922 were large operators, 367 were small operators, and 1,299 were rural operators. A total of 1,653 of all employers reported being a member of a consortium. Approximately 73 percent of all employers reported no positive drug test results, and 97 percent of employers reported no alcohol test results ³ 0.04 percent. Thirty-four percent of contractors had at least one positive drug test result, compared to 23 percent of transit systems. Two percent of contractors submitted forms with at least one alcohol test result ³ 0.04 percent, compared to 3 percent of transit systems.

 

Employers reported a total of 238,641 employees performing safety-sensitive functions: 78.6 percent of these employees are employed at transit systems and 21.4 percent are employed by contractors. The average transit system employs more than twice as many safety-sensitive employees than the average contractor, 115 to 53. Large operators employ an average of 209 safety-sensitive employees compared to 49 for small operators and 21 for rural. The largest number of employees performing safety-sensitive functions are engaged in revenue vehicle operation (69.4 percent) followed by revenue vehicle and equipment maintenance (19.7). Revenue vehicle control/dispatch, armed security personnel, and CDL/non-revenue vehicle employees combined make-up less than 11 percent of the overall labor force (7.6 percent, 1.7 percent, and 1.5 percent respectively).

The largest number of contract employees were involved in revenue vehicle operation at 76.8 percent, followed by revenue vehicle and equipment maintenance at 12.6 percent. For rural operators, contractors comprise a relatively small percent of the total number of FTA-covered employees at 18.6 percent; for large operators, contractors comprise a slightly higher total at 21.2 percent. Contractors comprise 27.8 percent of the total number of FTA-covered employees for small contractors.

ELECTRONIC REPORTING

Electronically reporting Drug and Alcohol MIS results became an option for FTA-covered employers in 1998. Electronic software was developed with help and validation capabilities in an effort to lessen the reporting burden. In 1999, 568 employers (22 percent) reported electronically in 1999 versus 317 (13 percent) in 1998.

DRUG TEST RESULTS

The 1999 drug-testing program performed by large, small and rural FTA-covered employers revealed the following major findings:

· A total of 119,753 specimens were collected for random drug testing: 1,198 of these specimens tested positive for one or more of the five prohibited drugs. Random drug testing accounted for 53.5 percent of the total specimens collected and 33.7 percent of the total positive specimens.

· The positive random test rate was 1.00 percent industry-wide. Positive random test results were 0.83 percent for transit systems and 1.72 percent for contractors.

 

  • A total of 223,668 specimens were collected for all six types of drug testing. Of that figure, 3,552 specimens tested positive for one or more of the five prohibited drugs. Transit systems accounted for 73.5 percent of all drug tests conducted, with contractors accounting for the remaining 26.5 percent of the total drug tests. The overall rate (transit systems and contractors combined) of positive drug tests was 1.59 percent.
  • Of the six drug test types (pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up), the highest percent of positive specimens was for reasonable suspicion testing (9.37 percent). Contractors reported positive results at a higher rate than did transit systems in all test types. The lowest percentage of positive specimens was for random testing (1.00 percent). Random testing was by far the most common test to be conducted, with 58.7 percent of all specimens collected by transit systems, followed by pre-employment testing (25.9 percent). Pre-employment testing was the most common test conducted by contractors at more than twice the rate as that of transit systems at 53 percent; this most likely suggests a higher rate of turnover for contractors.
  • Marijuana and cocaine were detected most frequently in the specimens that tested positive for drugs. Of 3,552 positive specimens, 60.1 percent tested positive for marijuana and 35.6 percent tested positive for cocaine. Marijuana was also detected most frequently in all 10 regions. Eighty specimens tested positive for multiple drugs; the most common multiple-drug combination was marijuana and cocaine, with 48 positive results. There were six cases of individuals testing positive for both drugs and alcohol.
  • There were 232 qualifying accidents that resulted in a positive post-accident drug test (123 from transit systems and 109 from contractors). There were zero fatalities resulting from these accidents. Cocaine was detected in 48.7 percent of all positive post-accident drug tests; marijuana was second at 45.7 percent.

ALCOHOL TEST RESULTS

Employers are required to establish and conduct an alcohol misuse prevention program in which employees performing safety-sensitive functions are tested for the misuse of alcohol and supervisors are trained to recognize the signs and symptoms of alcohol misuse. Employees are subject to five types of alcohol tests: random, reasonable suspicion, post-accident, return-to-duty, and follow-up. In addition, employers may not allow safety-sensitive employees to consume alcohol under four specific circumstances: (1) 4 hours before performing a safety-sensitive function; (2) while performing a safety-sensitive function; (3) after a fatal accident, unless the employee has received a post-accident test or 8 hours have elapsed, whichever occurs first; or (4) after a non-fatal accident unless the employee's involvement was completely discounted as a contributing factor to the accident, the employee has been tested, or 8 hours have elapsed.

An employee with an alcohol concentration of 0.02 or greater but less than 0.04 must be removed from duty for 8 hours or until a retest shows an alcohol concentration of less than 0.02. An employee with an alcohol concentration ³ 0.04 must be prohibited from performing any safety-sensitive duties, removed from his/her safety-sensitive position, and be evaluated by a substance abuse professional. To return to a safety-sensitive position, the employee must properly complete a course of treatment prescribed by the substance abuse professional and pass a return-to-duty alcohol test.

The 1999 alcohol-testing program performed by large, small, and rural transit employers revealed the following:

  • Of the total 41,358 random alcohol-screening tests conducted, 39 confirmation test results ³ 0.04 were documented (0.09 percent). The rate for transit systems was 0.10 percent, while for contractors the rate was 0.05 percent.
  • The FTA alcohol-testing rule includes a definition for the violation rate for purposes of setting next year’s random alcohol testing rate. The violation rate for 1999 for all employers (transit systems and contractors) was 0.18 percent.

 

· The percent of total alcohol screening results ³ 0.04 for all test types was 0.21 percent industry-wide. The rate for transit systems was 0.18 percent, versus 0.33 percent for contractors.

· Transit systems conducted 83.0 percent of the 65,887 total screening tests; contractors conducted 17.0 percent of the total.

 

· Of the 5 required alcohol test types, the highest percent of test results ³ 0.04 was for reasonable suspicion testing at 8.20 percent. Contractors had nearly double the number of alcohol concentrations at ³ 0.04 for reasonable suspicion testing than transit systems at 15.57 percent.

 

· Of the 5 employee categories, the highest percent of test results ³ 0.04 was in the Revenue Vehicle and Equipment Maintenance category at 0.33 percent. Armed Security Personnel had zero test results ³ 0.04.

 

· Random tests had the lowest percent of test results ³ 0.04 at 0.09 percent.

· There were 16 accidents reported that resulted in a post-accident alcohol test result of 0.04 or greater. There were no fatalities resulting from these accidents. Transit systems accounted for 11 of the post-accident test results ³ 0.04 and contractors accounted for 5.

 

· The Revenue Vehicle Operations employee category accounted for 15 of the 16 alcohol test results ³ 0.04 for post-accident testing.

· There were 60 alcohol test refusals: 29 for transit systems and 31 for contractors. Thirty-six refusals were for random tests and 24 were for non-random tests.

· There were 60 reported “Other” Alcohol Violations — 4 additional specific circumstances in which employers may not allow their safety-sensitive employees to consume alcohol, as mentioned above.

TRENDS: 1996 THROUGH 1999

The number of FTA drug and alcohol reporting forms received from 1996 through 1999 has increased by 13.3 percent. The greatest gain has been in the number of contractor reports received: reports received from contractors have jumped by 24.7 percent while transit systems have only increased by 3.0 percent.

The number of reported safety-sensitive employees has increased by 7.7 percent for transit systems and 29.4 percent for contractors. The percent of contracted FTA-covered employees, increased from 18.4 percent in 1996 to 21.4 percent in 1999.

Overall, the percent of positive random drug test results and the percent of random alcohol test results greater than or equal to 0.04 decreased each year for the 4-year period (see “Totals” column in Tables ES-1 and ES-2).

 

Table ES-1. 1996 to 1999 Positive Random Drug Test Results

Employer

1996

1997

1998

1999

Transit Systems

1.42%

1.06%

0.93%

0.83%

Contractors

1.84%

1.92%

1.69%

1.72%

Totals

1.50%

1.21%

1.07%

1.00%

Table ES-2. 1996 to 1999 Random Alcohol Test Results ³ 0.04

Employer

1996

1997

1998

1999

Transit Systems

0.17%

0.15%

0.13%

0.10%

Contractors

0.11%

0.09%

0.14%

0.05%

Totals

0.16%

0.14%

0.13%

0.09%

As with random testing, the percent of total positive drug test results decreased overall each year for the 4-year period from 1996 to 1999. Transit systems showed a significant decrease in total positive drug tests whereas the percent of total positive drug tests for contractors showed no trend. See Table ES-3 below for the percentages. See Table ES-4 for the percent of total alcohol test results ³ 0.04 for both transit systems and contractors.

Table ES-3. 1996 to 1999 Positive Drug Test Results

Employer

1996

1997

1998

1999

Transit Systems

1.75%

1.41%

1.28%

1.20%

Contractors

2.75%

3.01%

2.87%

2.66%

Totals

2.00%

1.77%

1.67%

1.59%

Table ES-4. 1996 to 1999 Alcohol Test Results ³ 0.04

Employer

1996

1997

1998

1999

Transit Systems

0.26%

0.23%

0.24%

0.18%

Contractors

0.27%

0.28%

0.56%

0.33%

Totals

0.26%

0.24%

0.29%

0.21%

Other significant findings include:

· The number of random drug tests has increased at a rate of 9.5 percent for transit systems and 15.0 percent for contractors from 1996 to 1999.

· The number of non-random drug tests has increased significantly over the 4-year period: 36.7 percent for transit systems and 35.6 percent for contractors.

· Similar to drug tests, the number of non-random alcohol tests has increased notably by 14.4 percent and 42.7 percent, respectively, for transit systems and contractors.

See Table ES-5 and ES-6 for positive drug and alcohol tests >0.04 for all 5 employee category types over the last 4 years.

Table ES-5. 1996 to 1999 Positive Drug Test Results/

Employee Category

Employer

1996

1997

1998

1999

Revenue Vehicle Operation

2.06%

1.87%

1.79%

1.70%

Revenue Veh. And Equip. Maint.

1.95%

1.69%

1.45%

1.46%

Revenue Veh. Control/Disp.

1.20%

0.91%

0.85%

0.97%

CDL/Non-Revenue Vehicle

2.55%

2.05%

2.06%

1.02%

Armed Security Personnel

0.73%

0.28%

0.60%

0.53%

Totals

2.00%

1.77%

1.67%

1.59%

Table ES-6. 1996 to 1999 Alcohol Test Results ³ 0.04/

Employee Category

Employer

1996

1997

1998

1999

Revenue Vehicle Operation

0.23%

0.20%

0.26%

0.17%

Revenue Veh. And Equip. Maint.

0.33%

0.34%

0.39%

0.33%

Revenue Veh. Control/Disp.

0.20%

0.30%

0.47%

0.30%

CDL/Non-Revenue Vehicle

0.61%

0.48%

0.42%

0.26%

Armed Security Personnel

0.06%

0.06%

0.00%

0.00%

Totals

0.26%

0.24%

0.29%

0.21%

1. INTRODUCTION

This annual report presents the results of mandatory drug and alcohol testing conducted by transit systems that receive funds from the Federal Transit Administration (FTA). Under the Omnibus Transportation Employee Testing Act passed by Congress in 1991, the FTA was required to establish regulations for drug and alcohol testing of transit employees performing safety-sensitive functions. The purpose of requiring transit agencies to implement drug and alcohol programs is to achieve a drug- and alcohol-free work force in the interest of the health and safety of transit employees and the traveling public. This report covers the testing results from the calendar year 1999, as well as trend analysis gleaned from the Program’s inception.

The FTA regulations require that recipients of specific FTA funds implement an anti-drug program to deter and detect the use of prohibited drugs by transit employees and to establish a program to prevent prohibited alcohol use. Covered under these regulations are employees of transit systems that receive grant funds and employees of contractors to those transit systems. Large operators (i.e., those providing transit services in urbanized areas of 200,000 or more in population) were required to begin their drug and alcohol testing programs for calendar year 1995. Small operators (i.e., those providing transit services in areas of less than 200,000) were required to begin their drug and alcohol testing programs for calendar year 1996.

Section 5307 (Section 9). Formula Program

Section 5309 (Section 3). Capital Program

Section 5310 (Section 16). Elderly and Disabled Program

Section 5311 (Section 18). Non-urbanized Area Program

Figure 1-1. FTA Federal Funding Sources (1999)

1.1 Who Must Report

 

Transit systems that receive funding from the FTA sources listed in Figure 1-1 are required to have drug and alcohol testing programs. Under FTA regulations, all recipients must implement the required drug and alcohol testing programsand must report the results of their programs to the FTA annually. The results must be submitted to the FTA on specific Management Information System (MIS) forms or data diskettes. Recipients of 5310 funds only are not required to comply with FTA drug and alcohol testing requirements, unless they provide contract services to recipients receiving Section 5307, 5309, and 5311 funds. In those instances, they must report as contractors.

Section 5307 refers to block grants for capital projects and to finance the planning, improvement, and operating costs of equipment, facilities, and associated capital maintenance items for use in mass transportation. Section 5309 refers to discretionary grants and loans for capital projects, new and existing fixed guideway systems, an efficient mass transportation system coordinated with other transportation systems, the introduction of new technologies, the enhancement of urban economic development or the incorporation of private investment, and mass transportation projects to meet the needs of the elderly and individuals with disabilities. Section 5310 refers to grants and loans for the special needs of the elderly and individuals with disabilities. Section 5311 refers to financial assistance for non-urbanized areas.

Some recipients provide mass transit services directly. Others rely on additional public or private entities to provide services in whole or in part. In these cases, the direct recipient of FTA funds is legally responsible for assuring that any entity operating on its behalf is in compliance with FTA testing rules.

Transit systems that receive funding directly from the FTA must certify annually that they are in compliance with the drug and alcohol testing regulations. States must certify regulatory compliance on behalf of the transit systems that receive FTA funding through a state agency.

Failure of a recipient to establish and implement a drug and alcohol testing program-either in its own operations or in those of an entity operating on its behalf-may result in the suspension of Federal transit funding to the recipient. Because a recipient may not always provide transit services directly, the FTA uses the term “operator” or “employer” to describe those who actually provide transit services and who, therefore, must implement the FTA requirements.

 

1.2 Employees Who Must be Tested

 

Under the FTA’s drug and alcohol testing regulations, employees and supervisors who perform any of the following functions are considered safety-sensitive employees:

1. Operate a revenue service vehicle, including when not in revenue service (includes employees who operate a passenger vehicle, whether or not a fare is collected);

 

2. Maintain revenue service vehicles or equipment used in revenue service (except 5311 recipients’ contractors);

 

3. Dispatch or control revenue service vehicles;

 

4. Operate a non-revenue service vehicle (e.g., snowplow or wrecker), which requires a Commercial Drivers License (CDL), and is not already covered by another employee category; and/or

 

5. Provide security and carry a firearm.

Maintenance contractors (except for 5311 recipients’ contractors) that perform routine, ongoing repair or maintenance work for FTA recipients and subrecipients must comply if their employees perform any of the identified safety-sensitive functions. In addition, supervisors who perform, or could be called upon to perform, any of the safety-sensitive functions are also included.


1.3 Types of Tests

Employees who perform safety-sensitive functions are subject to six different types of tests:

1) Pre-employment testing for drugs is performed on each prospective employee, including individuals who are being transferred into safety-sensitive positions. Employees may not be hired unless they have a verified negative drug test result. (This is no longer applicable for alcohol — the FTA suspended required pre-employment testing for alcohol on May 10, 1995, as a result of a U.S. Court of Appeals decision.)

 

2) Random testing must be unannounced and unpredictable. The tests must be based on a scientifically valid random-number selection method. All safety-sensitive employees must have an equal chance of being selected for testing each time a selection is made, must be included in the selection pool, and must remain in the pool after being tested. For 1999, the number of random tests conducted must equal at least 50 percent (for drugs) and 10 percent (for alcohol) of the total number of employees performing safety-sensitive functions. Transit systems have the option of joining a consortium, an entity that arranges testing services and that acts on behalf of the employers. If a transit system joins a consortium for random testing, the testing rate applies to the total number of safety-sensitive employees within the consortium. As a result, some individual transit operators may not meet the random testing requirement.

 

3) Post-accident testing is required for accidents where there is loss of human life. For non-fatal accidents that meet FTA-defined conditions, testing is required unless the covered employee’s performance can be completely discounted as a causative or contributing factor. When an accident occurs, safety-sensitive employees operating the vehicle must be tested, as well as any other safety-sensitive personnel not on the vehicle whose performance could have contributed to the accident. Tests must be administered as soon as possible but no later than 8 hours after the accident for alcohol and 32 hours for drugs.

4) Reasonable suspicion testing is conducted when an employer suspects that an employee has used a prohibited drug or has misused alcohol as defined in the regulations. Reasonable suspicion determinations are made by trained supervisors and must be based on specific, contemporaneous, articulated observations concerning the appearance, behavior, speech, or body odor of the safety-sensitive employee.

 

5) Return-to-duty testing occurs when an employer’s policy statement permits an employee who violated the regulations (i.e., tested positive for drugs, had an alcohol result of ³ 0.04, refused to submit to a test) to return to duty to perform a safety-sensitive function after completion of rehabilitation. The employee must, however, be evaluated by a Substance Abuse Professional (SAP) and pass a return-to-duty test prior to performing a safety-sensitive function.


6) Follow-up testing occurs after an employee has been returned to duty after a positive drug or alcohol test. The employee is subject to unannounced follow-up testing for at least 12 but no more than 60 months as recommended by the SAP. Follow-up testing is separate from, and in addition to, random testing.

1.4 Drug Testing Program Overview

 

Transit systems must establish an anti-drug program that focuses on testing safety-sensitive employees and training for supervisors. FTA regulations specify that safety-sensitive employees may not use any of 5 prohibited substances (or their metabolites): marijuana; cocaine; opiates (e.g., heroin, morphine, codeine); amphetamines (e.g., racemic, amphetamine, extroamphetamine, and methamphetamine); or phencyclidine (PCP). Testing for any other drugs must be performed separately from the FTA test.

 

If an FTA-covered employee has a verified positive drug test result, the employee must be removed from the safety-sensitive position, be informed of the available educational and treatment programs, and be referred to a SAP. To return to a safety-sensitive position, the employee must complete a course of treatment prescribed by the SAP and take a return-to-duty drug test with a verified negative result.

1.5 Alcohol Testing Program Overview

 

Transit systems are required to establish and conduct an alcohol misuse prevention program in which employees performing safety-sensitive functions are tested for alcohol misuse. In addition, supervisors must receive specific training to recognize the signs and symptoms of possible alcohol misuse. There are four specific circumstances under which an employee is prohibited from consuming alcohol:

 

1. Four hours before performing a safety-sensitive function;

2. While performing a safety-sensitive function;

3. After a fatal accident unless a post-accident test has been administered, or 8 hours have elapsed (whichever occurs first); and/or

4. After a non-fatal accident unless the employee’s involvement can be completely discounted as a contributing factor to the accident, the employee has been tested, or 8 hours have elapsed.

An employee with an alcohol concentration of 0.02 or greater but less than 0.04 for a confirmation test must be removed from duty for at least 8 hours or until a re-test conducted by the employer shows an alcohol concentration of less than 0.02. If an employer elects to remove the employee from duty for 8 hours, the employer is not required to administer an alcohol test before the employee resumes performing a safety-sensitive function unless the employee exhibits signs of alcohol misuse upon returning to work.

A safety-sensitive employee with an alcohol concentration of ³ 0.04 must be prohibited from performing any safety-sensitive functions, removed from his or her safety-sensitive position, and be referred to a SAP.

1.6 Drug and Alcohol MIS Data Quality and Validation

The Drug and Alcohol MIS data submitted to the FTA by transit operators and their contractors are subjected to extensive analysis and validation, both manual and automated. The process entails detailed examination of each MIS report, identification of errors or questionable entries, and the resolution of these problems in conjunction with the reporting agencies.

In general, the quality of the database has improved each year as the FTA clarifies definitions of data items, simplifies reporting procedures, and designs more sophisticated validation checks. Despite extensive efforts, it should be noted that data validation primarily encompasses a review of the consistency and reasonableness of the reported data. Errors of significant magnitude have been detected and corrected, but some statistically minor errors may remain.

1.7 Availability of Drug and Alcohol MIS Documentation

 

Copies of reporting guidance and MIS reporting forms and diskettes are available from the Drug and Alcohol MIS Project Office at (617) 494-6336. The FTA Safety and Security Clearinghouse can be reached at (617) 494-2108 for additional copies of this report, as well as previously published annual reports. Other technical assistance materials including The Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit may be acquired from the FTA’s Office of Safety & Security at (202) 366-2896. Further information can also be found at the FTA Web site at the following Internet address: http://transit-safety.volpe.dot.gov/damis.

1.8 Organization of this Report

 

This report contains five chapters and three appendices. Chapter 2 provides general information on the reporting process, including how many employers reported testing results to the FTA. Chapters 3 and 4 present drug and alcohol testing results, respectively. Chapter 5 presents a trend analysis of testing results from 1996 through 1999. A glossary of terms used throughout this report comprises Appendix A; Appendix B provides a list of FTA regions; and Appendix C presents a list of rail systems and rail contractors that submitted reports. Last year an additional size category (rural) was introduced and another size category (small) was, therefore, redefined. “Large” systems are located in urbanized areas of 200,000 or more in population. “Small” systems are located in urbanized areas of less than 200,000 but greater than or equal to 50,000. “Rural” systems are located in urbanized areas of less than 50,000 in population.

2. GENERAL INFORMATION ON DRUG AND ALCOHOL FORMS

 

 

This chapter presents, graphically, the data submitted on the 1999 FTA Drug and Alcohol MIS forms. Among the data presented are the number of MIS Data Collectionforms versus data diskettes* received, forms received by employer size, region and rail versus non-rail. Also covered are the number of FTA-covered employees by employee category, and broken out for transit systems and contractors, and the percent of FTA-covered employees by employer size.

2.1 Distribution of Transit Systems and Contractors

 

 

Figure 2-1. Number of Drug and Alcohol Forms Received

*Beginning in 1998, reporters had the option to report on either paper forms or by using the electronic reporting system and submitting results on a data disk.

 

Figure 2-2. Drug and Alcohol Forms Received by Employer Size

2.2 Drug and Alcohol Forms Received by Region

 

Figure 2-3. Number of FTA Drug and Alcohol Forms Received by Region


2.3 Rail and Non-Rail Employers

For this report, rail employers are considered to be those entities, along with their contractors, which operate rapid rail transit operations within an urban area and are not connected to the general railroad system of transportation. These transit vehicles include rail cars and trolley cars. The FTA and the Federal Railroad Administration (FRA) have agreed that commuter railroad operations that receive FTA funds must comply with FRA’s drug and alcohol testing regulation, and are therefore not included in FTA’s numbers.

 

It is important to note that rail systems have a different employee demographic than non-rail, with rail employers often having fewer revenue vehicle operators and a greater concentration of mechanics.

 

Figure 2-4 compares the distribution of forms received for both rail and non-rail for transit systems and contractors. See Appendix C for a list of rail systems and rail contractors that report to the FTA.

 

 

Figure 2-4. Forms Received - Rail Versus Non-Rail

2.4 FTA-Covered Employees

 

Following are a variety of breakouts for FTA-covered employees: by employee category, by transit system versus contractor, percent of employees for large, small and rural employers, various data on employees in rail and non-rail systems, and, finally, by region.

 

Figure 2-5.Number of FTA-Covered Employees by Employee Category/Percent of Labor Force that was Contracted

Figure 2-6. Percent of FTA-Covered Employees in Each Employee Category – Transit Systems

Figure 2-7. Percent of FTA-Covered Employees in Each Employee Category – Contractors

Figure 2-8. Number of FTA-Covered Employees by Employee Category – Large, Small, and Rural Systems

Figure 2-9. Percent of All FTA-Covered Employees for Large Operators

Figure 2-10. Percent of All FTA-Covered Employees for Small Operators

Figure 2-11. Percent of All FTA-Covered Employees Reporting for Rural Operators

Figure 2-12. Number of FTA-Covered Employees by Employer Size

Figure 2-13. Number of FTA-Covered Employees by Employee Category for Rail and Non-Rail

Figure 2-14. Percent of FTA-Covered Employees in Each Employee Category –

Rail Operators

 

 

Figure 2-15. Percent of FTA-Covered Employees in Each Employee Category –

Non-Rail Operators

Figure 2-16. Number of FTA-Covered Employees by Region

Figure 2-17. FTA-Covered Employees by Region/Size

2.5 Federal Funds

As mentioned in Chapter 1, transit systems are required to report the types of FTA funds they receive (that is, Sections 5309, 5307, 5310, and 5311). Some of the transit systems receive funding under multiple sections.

The following charts depict: the number/percent of transit systems receiving FTA funds by funding source; the percent of transit systems receiving FTA funds by source of funding; transit systems that received FTA funds by region; and the number of systems receiving FTA funds by system size and source of funding.

Figure 2-18. Number and Percent of Transit Systems that Received Federal Funds by Source of Funding

 

Figure 2-19. Percent of Total Funds by Funding Source

 

 

Figure 2-20. Number of Transit Systems that Received Federal Funds

by Source of Funding and by FTA Region

Figure 2-21. Number of Transit Systems that Received Federal Funds by Size

3. DRUG TEST RESULTS

This chapter provides background information and a summary of the 1999 drug testing results. For drug testing, a urine specimen is collected for analysis. Prohibited drugs for which each urine specimen must be tested are marijuana, cocaine, PCP, opiates, and amphetamines.

A total of 223,668 samples were collected for all types of drug testing in 1999. Six types of tests were administered: pre-employment; random; post-accident; reasonable suspicion; return-to-duty; and follow-up. The results of random drug testing provide the best indication of the overall level of industry-wide drug use among FTA-covered transit system and contractor employees.

3.1 Random Drug Test Results for 1999

Table 3-1 illustrates the random drug test results for transit systems and contractors. Table 3-2 presents random drug test results by operator size, while Table 3-3 breaks out random drug test results by rail and non-rail.

Table 3-1. 1999 Random Drug Test Results

Employer

Number of Specimens

Number Positive

Percent Positive

Transit Systems

96,491

798

0.83%

Contractors

23,262

400

1.72%

Totals

119,753

1,198

1.00%

Table 3-2. Random Drug Test Results by Operator Size

Operator Size

Number of Specimens

Number Positive

Percent Positive

Large

97,459

976

1.00%

Small

8,779

104

1.18%

Rural

13,515

118

0.87%

Totals

119,753

1,198

1.00%

Table 3-3. Random Drug Test Results for Rail and Non-Rail

Employer

Number of Specimens

Number Positive

Percent Positive

Rail Systems

58,025

510

0.88%

Non-Rail Systems

61,728

688

1.11%

Totals

119,753

1,198

1.00%

The FTA drug rule provides that, if the results from industry-wide drug testing are less than

1 percent for 2 consecutive years, the FTA may lower the required random drug testing rate from the current 50 percent requirement to 25 percent. However, in 1995, 1996, 1997, and 1998, the industry-wide random positive rate exceeded 1 percent. In 1999, that rate was at 1 percent.

 

 

3.2 Drug Test Results by FTA Region

 

This section reports random drug test results by FTA region. As shown in Figure 3-1, of the 10 FTA regions, Regions 5, 6, and 8 had the highest percent of random specimens testing positive for one or more drugs. Figure 3-2 shows the percentage of drug positives (all types) by FTA region; Regions 6 and 9 had the highest percent of drug positives overall.

Figure 3-1. Random Drug Test Results by FTA Region

 

 

Figure 3-2. Percent of Positives by FTA Region

3.3 Results of Drug Tests Presented by Test Types

Table 3-4presents drug test results by the 6 drug test types for transit systems, contractors, and their combined totals. It shows the number of specimens collected, the number of positive results, and the percent of positive results.

Table 3-5 presents drug test results by the 6 drug test types by employee category for large, small, and rural systems and their combined totals.

Table 3-6 presents drug test results by the 6 drug test types by employee category for rail and non-rail systems and their combined totals.


Table 3-4. Drug Test Results by Test Type and Employee Category

Transit Systems

Contractors

Totals

 

Test Type

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

TOTALS BY TEST TYPE, ALL EMPLOYEE CATEGORIES

Pre-Employment

42,537

805

1.89%

31,414

995

3.17%

73,951

1,800

2.43%

Random

96,491

798

0.83%

23,262

400

1.72%

119,753

1,198

1.00%

Post-Accident

12,276

122

0.99%

3,434

108

3.15%

15,710

230

1.46%

Reasonable Suspicion

652

40

6.13%

234

43

18.38%

886

83

9.37%

Return-to-Duty

1,183

42

3.55%

165

8

4.85%

1,348

50

3.71%

Follow-Up

11,256

170

1.51%

764

21

2.75%

12,020

191

1.59%

TOTALS

164,395

1,977

1.20%

59,273

1,575

2.66%

223,668

3,552

1.59%

Transit Systems

Contractors

Totals

Employee Category

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

PRE-EMPLOYMENT

Revenue Vehicle Operation

33,840

646

1.91%

27,616

895

3.24%

61,456

1,541

2.51%

Revenue Veh. and Equip. Maint.

6,049

118

1.95%

1,972

77

3.90%

8,021

195

2.43%

Revenue Veh. Control/Disp.

1,511

28

1.85%

899

17

1.89%

2,410

45

1.87%

CDL/Non-Revenue Vehicle

643

13

2.02%

74

1

1.35%

717

14

1.95%

Armed Security Personnel

494

0

0.00%

853

5

0.59%

1,347

5

0.37%

RANDOM

Revenue Vehicle Operation

64,007

510

0.80%

17,912

318

1.78%

81,919

828

1.01%

Revenue Veh. and Equip. Maint.

21,614

226

1.05%

2,917

51

1.75%

24,531

277

1.13%

Revenue Veh. Control/Disp.

6,978

37

0.53%

1,736

18

1.04%

8,714

55

0.63%

CDL/Non-Revenue Vehicle

2,231

17

0.76%

256

7

2.73%

2,487

24

0.97%

Armed Security Personnel

1,661

8

0.48%

441

6

1.36%

2,102

14

0.67%


Table 3-4. Drug Test Results by Test Type and Employee Category (continued)

Transit Systems

Contractors

Totals

Test Type

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

POST-ACCIDENT

Revenue Vehicle Operation

11,218

115

1.03%

3,205

104

3.24%

14,423

219

1.52%

Revenue Veh. and Equip. Maint.

756

6

0.79%

167

3

1.80%

923

9

0.98%

Revenue Veh. Control/Disp.

129

1

0.78%

33

1

3.03%

162

2

1.23%

CDL/Non-Revenue Vehicle

90

0

0.00%

18

0

0.00%

108

0

0.00%

Armed Security Personnel

83

0

0.00%

11

0

0.00%

94

0

0.00%

REASONABLE SUSPICION

Revenue Vehicle Operation

534

34

6.37%

212

39

18.40%

746

73

9.79%

Revenue Veh. and Equip. Maint.

77

6

7.79%

13

1

7.69%

90

7

7.78%

Revenue Veh. Control/Disp.

28

0

0.00%

7

3

42.86%

35

3

8.57%

CDL/Non-Revenue Vehicle

12

0

0.00%

1

0

0.00%

13

0

0.00%

Armed Security Personnel

1

0

0.00%

1

0

0.00%

2

0

0.00%

RETURN-TO-DUTY

Revenue Vehicle Operation

827

34

4.11%

139

4

2.88%

966

38

3.93%

Revenue Veh. and Equip. Maint.

274

6

2.19%

17

3

17.65%

291

9

3.09%

Revenue Veh. Control/Disp.

59

2

3.39%

9

1

11.11%

68

3

4.41%

CDL/Non-Revenue Vehicle

14

0

0.00%

0

0

0.00%

14

0

0.00%

Armed Security Personnel

9

0

0.00%

0

0

0.00%

9

0

0.00%

FOLLOW-UP

Revenue Vehicle Operation

6,779

117

1.73%

591

16

2.71%

7,370

133

1.80%

Revenue Veh. and Equip. Maint.

3,527

46

1.30%

102

3

2.94%

3,629

49

1.35%

Revenue Veh. Control/Disp.

349

5

1.43%

71

2

2.82%

420

7

1.67%

CDL/Non-Revenue Vehicle

581

2

0.34%

0

0

0.00%

581

2

0.34%

Armed Security Personnel

20

0

0.00%

0

0

0.00%

20

0

0.00%


Table 3-5. Drug Test Results by Test Type and Employee Category by Size

Large

Small

Rural

 

Test Type

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

TOTALS BY TEST TYPE, ALL EMPLOYEE CATEGORIES

Pre-Employment

57,774

1,534

2.66%

5,579

102

1.83%

10,598

164

1.55%

Random

97,459

976

1.00%

8,779

104

1.18%

13,515

118

0.87%

Post-Accident

14,063

212

1.51%

860

10

1.16%

787

8

1.02%

Reasonable Suspicion

807

63

7.81%

29

9

31.03%

50

11

22.00%

Return-to-Duty

1,234

43

3.48%

66

1

1.52%

48

6

12.50%

Follow-Up

11,748

172

1.46%

173

8

4.62%

99

11

11.11%

TOTALS

183,085

3,000

1.64%

15,486

234

1.51%

25,097

318

1.27%

Large

Small

Rural

Employee Category

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

PRE-EMPLOYMENT

Revenue Vehicle Operation

47,212

1,316

2.79%

4,799

83

1.73%

9,445

142

1.50%

Revenue Veh. and Equip. Maint.

7,098

166

2.34%

501

16

3.19%

422

13

3.08%

Revenue Veh. Control/Disp.

1,518

33

2.17%

229

3

1.31%

663

9

1.36%

CDL/Non-Revenue Vehicle

599

14

2.34%

50

0

0.00%

68

0

0.00%

Armed Security Personnel

1,347

5

0.37%

0

0

0.00%

0

0

0.00%

RANDOM

Revenue Vehicle Operation

64,580

680

1.05%

6,489

67

1.03%

10,850

81

0.75%

Revenue Veh. and Equip. Maint.

22,176

225

1.01%

1,372

28

2.04%

983

24

2.44%

Revenue Veh. Control/Disp.

6,448

38

0.59%

729

5

0.69%

1,537

12

0.78%

CDL/Non-Revenue Vehicle

2,162

19

0.88%

183

4

2.19%

142

1

0.70%

Armed Security Personnel

2,093

14

0.67%

6

0

0.00%

3

0

0.00%


Table 3-5. Drug Test Results by Test Type and Employee Category by Size (continued)

Large

Small

Rural

Test Type

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

POST-ACCIDENT

Revenue Vehicle Operation

12,879

203

1.58%

785

9

1.15%

759

7

0.92%

Revenue Veh. and Equip. Maint.

845

7

0.83%

60

1

1.67%

18

1

5.56%

Revenue Veh. Control/Disp.

151

2

1.32%

4

0

0.00%

7

0

0.00%

CDL/Non-Revenue Vehicle

94

0

0.00%

11

0

0.00%

3

0

0.00%

Armed Security Personnel

94

0

0.00%

0

0

0.00%

0

0

0.00%

REASONABLE SUSPICION

Revenue Vehicle Operation

681

55

8.08%

24

8

33.33%

41

10

24.39%

Revenue Veh. and Equip. Maint.

78

5

6.41%

5

1

20.00%

7

1

14.29%

Revenue Veh. Control/Disp.

33

3

9.09%

0

0

0.00%

2

0

0.00%

CDL/Non-Revenue Vehicle

13

0

0.00%

0

0

0.00%

0

0

0.00%

Armed Security Personnel

2

0

0.00%

0

0

0.00%

0

0

0.00%

RETURN-TO-DUTY

Revenue Vehicle Operation

884

34

3.85%

48

0

0.00%

34

4

11.76%

Revenue Veh. and Equip. Maint.

269

7

2.60%

15

1

6.67%

7

1

14.29%

Revenue Veh. Control/Disp.

59

2

3.39%

3

0

0.00%

6

1

16.67%

CDL/Non-Revenue Vehicle

13

0

0.00%

0

0

0.00%

1

0

0.00%

Armed Security Personnel

9

0

0.00%

0

0

0.00%

0

0

0.00%

FOLLOW-UP

Revenue Vehicle Operation

7,159

119

1.66%

136

5

3.68%

75

9

12.00%

Revenue Veh. and Equip. Maint.

3,590

45

1.25%

27

3

11.11%

12

1

8.33%

Revenue Veh. Control/Disp.

398

6

1.51%

10

0

0.00%

12

1

8.33%

CDL/Non-Revenue Vehicle

581

2

0.34%

0

0

0.00%

0

0

0.00%

Armed Security Personnel

20

0

0.00%

0

0

0.00%

0

0

0.00%


Table 3-6. Drug Test Results by Test Type and Employee Category by Rail and Non-Rail

Rail Systems

Non-Rail Systems

Totals

 

Test Type

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

TOTALS BY TEST TYPE, ALL EMPLOYEE CATEGORIES

Pre-Employment

31,896

805

2.52%

42,055

995

2.37%

73,951

1,800

2.43%

Random

58,025

510

0.88%

61,728

688

1.11%

119,753

1,198

1.00%

Post-Accident

8,074

114

1.41%

7,636

116

1.52%

15,710

230

1.46%

Reasonable Suspicion

597

35

5.86%

289

48

16.61%

886

83

9.37%

Return-to-Duty

519

23

4.43%

829

27

3.26%

1,348

50

3.71%

Follow-Up

9,491

108

1.14%

2,529

83

3.28%

12,020

191

1.59%

TOTALS

108,602

1,595

1.47%

115,066

1,957

1.70%

223,668

3,552

1.59%

Rail Systems

Non-Rail Systems

Totals

Employee Category

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

PRE-EMPLOYMENT

Revenue Vehicle Operation

24,651

692

2.81%

36,805

849

2.31%

61,456

1,541

2.51%

Revenue Veh. and Equip. Maint.

4,860

78

1.60%

3,161

117

3.70%

8,021

195

2.43%

Revenue Veh. Control/Disp.

923

21

2.28%

1,487

24

1.61%

2,410

45

1.87%

CDL/Non-Revenue Vehicle

428

10

2.34%

289

4

1.38%

717

14

1.95%

Armed Security Personnel

1,034

4

0.39%

313

1

0.32%

1,347

5

0.37%

RANDOM

Revenue Vehicle Operation

35,672

331

0.93%

46,247

497

1.07%

81,919

828

1.01%

Revenue Veh. and Equip. Maint.

15,167

129

0.85%

9,364

148

1.58%

24,531

277

1.13%

Revenue Veh. Control/Disp.

3,782

29

0.77%

4,932

26

0.53%

8,714

55

0.63%

CDL/Non-Revenue Vehicle

1,633

13

0.80%

854

11

1.29%

2,487

24

0.97%

Armed Security Personnel

1,771

8

0.45%

331

6

1.81%

2,102

14

0.67%


Table 3-6. Drug Test Results by Test Type and Employee Category by Rail and Non-Rail (continued)

Rail Systems

Non-Rail Systems

Totals

Test Type

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

POST-ACCIDENT

Revenue Vehicle Operation

7,273

108

1.48%

7,150

111

1.55%

14,423

219

1.52%

Revenue Veh. and Equip. Maint.

556

4

0.72%

367

5

1.36%

923

9

0.98%

Revenue Veh. Control/Disp.

96

2

2.08%

66

0

0.00%

162

2

1.23%

CDL/Non-Revenue Vehicle

64

0

0.00%

44

0

0.00%

108

0

0.00%

Armed Security Personnel

85

0

0.00%

9

0

0.00%

94

0

0.00%

REASONABLE SUSPICION

Revenue Vehicle Operation

501

31

6.19%

245

42

17.14%

746

73

9.79%

Revenue Veh. and Equip. Maint.

52

2

3.85%

38

5

13.16%

90

7

7.78%

Revenue Veh. Control/Disp.

31

2

6.45%

4

1

25.00%

35

3

8.57%

CDL/Non-Revenue Vehicle

11

0

0.00%

2

0

0.00%

13

0

0.00%

Armed Security Personnel

2

0

0.00%

0

0

0.00%

2

0

0.00%

RETURN-TO-DUTY

Revenue Vehicle Operation

332

18

5.42%

634

20

3.15%

966

38

3.93%

Revenue Veh. and Equip. Maint.

147

5

3.40%

144

4

2.78%

291

9

3.09%

Revenue Veh. Control/Disp.

25

0

0.00%

43

3

6.98%

68

3

4.41%

CDL/Non-Revenue Vehicle

10

0

0.00%

4

0

0.00%

14

0

0.00%

Armed Security Personnel

5

0

0.00%

4

0

0.00%

9

0

0.00%

FOLLOW-UP

Revenue Vehicle Operation

5,560

70

1.26%

1,810

63

3.48%

7,370

133

1.80%

Revenue Veh. and Equip. Maint.

3,032

31

1.02%

597

18

3.02%

3,629

49

1.35%

Revenue Veh. Control/Disp.

330

5

1.52%

90

2

2.22%

420

7

1.67%

CDL/Non-Revenue Vehicle

550

2

0.36%

31

0

0.00%

581

2

0.34%

Armed Security Personnel

19

0

0.00%

1

0

0.00%

20

0

0.00%


3.4 Post-Accident Testing

 

FTA regulations require testing for prohibited drugs in the case of certain mass transit accidents. Post-accident testing is mandatory for accidents where there is a loss of life and other non-fatal accidents unless employee performance can be discounted completely as a causative or contributing factor.

An accident is defined as an occurrence associated with the operation of a vehicle in which

  • An individual dies;

  • An individual suffers a bodily injury and immediately receives medical attention away from the scene of an accident;

 

  • The mass transit or other vehicles involved incur disabling damage as the result of the occurrence and are transported away from the scene by a tow truck or other vehicle; and

  • The mass transit vehicle involved is a rail car, trolley car, trolley bus, or vessel, and is removed from revenue service.

Tables 3-7 through 3-10 depict accidents with drug positives; accidents with drug positives by operator size; accidents with drug positives by region; and post-accident drug test positives by employee category.

Table 3-7. Accidents with Drug Positives

Employer

Number of Non-Fatal Accidents

Number of Fatal Accidents

Number of Fatalities

Accidents per Covered Employee

Transit Systems

123

0

0

0.0007

Contractors

109

0

0

0.0021

Totals

232

0

0

0.0010

Table 3-8. Accidents with Drug Positives

by Operator Size

Operator Size

Number of Non-Fatal Accidents

Number of Fatal Accidents

Number of Fatalities

Large

212

0

0

Small

11

0

0

Rural

9

0

0

Totals

232

0

0

Table 3-9. Accidents with Drug Positives

by Region

Region

Number of Non-Fatal Accidents

Number of Fatal Accidents

Number of Fatalities

Accidents per Covered Employee

1

15

0

0

0.0011

2

29

0

0

0.0006

3

27

0

0

0.0010

4

22

0

0

0.0008

5

44

0

0

0.0012

6

34

0

0

0.0018

7

8

0

0

0.0008

8

5

0

0

0.0007

9

34

0

0

0.0009

10

14

0

0

0.0010

Totals

232

0

0

0.0010

Table 3-10. Post-Accident Drug Test Positives by Employee Category

Employer

Revenue Vehicle Operations

Vehicle and Equip. Maint.

Rev. Vehicle Cntl/Dsptch

CDL/Non-Revenue

Armed Security Personnel

Transit Systems

115

6

1

0

0

Contractors

104

3

1

0

0

Totals

219

9

2

0

0

3.5 Distribution of Positive Drug Test Results by Type of Drug

This section presents the distribution of positive drug test results for employees who tested positive for 1 or more of the 5 prohibited drugs. To be recorded as a positive result, an employee may have tested positive for 1 drug or a combination of drugs (e.g., marijuana and cocaine).

Marijuana is a common name for the plant cannabis sativa. The primary active ingredient in marijuana is Delta-9-Tetrhydrocannabinol (THC). THC is absorbed quickly into fatty tissues and stored for a long time. People use marijuana for the mildly tranquilizing and mood and perception-altering effects it produces.

Cocaine is a chemical that has both local anesthetic properties, like Novocaine, and stimulant properties similar to adrenaline. Cocaine is used medically as a local anesthetic. Cocaine causes the brain to experience an exhilaration caused by a large release of neurohormones associated with mood elevation.

Opiates, also called narcotics, are drugs that alleviate pain, depress body functions and reactions, and, when taken in large doses, cause a strong euphoric feeling.

PCP was originally developed as an anesthetic, but adverse side effects prevented its use except as a tranquilizer for large animals. PCP acts as both a depressant and a hallucinogen, and sometimes as a stimulant.

Amphetamines are central nervous system stimulants that speed up the mind and body. Although widely prescribed at one time for weight reduction and mood elevation, the legal use of amphetamines is now limited to a very narrow range of medical conditions.


Figures 3-3 to 3-10 and Table 3-11 provide details on the distribution of test results by type of drug.


Figure 3-3. Number and Percent of Positive Specimens by Type of Drug

Figure 3-4. Number of Positive Specimens by Type of Drug for Each Employer Type

Figure 3-5. Percent of Positive Specimens by Type of Drug for Each Employer Type

Figure 3-6. Percent of Positive Specimens by Type of Drug and Operator Size

Figure 3-7. Number and Type of Drug by FTA Region

Figure 3-8. Percent of Positive Specimens by FTA Region and Type of Drug

Figure 3-9. Number of Positive Specimens by Employee Category and Type of Drug

Figure 3-10. Percent of Positive Specimens by Type of Drug and Employee Category

Table 3-11. Multiple Drug Combinations

Drug Combination

Number of Specimens

THC/Cocaine

51

THC/PCP

2

THC/Opiates

1

THC/Amphetamines

9

Cocaine/Opiates

7

Cocaine/Amphetamines

1

Amphetamines/PCP

1

THC/Cocaine/Opiates

1

THC/Cocaine/Amphetamine

1

Totals

74

 


3.6 Drug Test Refusals

 

When directed to provide specimens for drug testing, some employees refused to be tested. In 1999, there were 170 reported cases of a covered employee refusing a random drug test and 93 cases of a covered employee refusing a non-random drug test. These refusals reflect 0.11 percent of the total number of drug tests attempted. See Figure 3-11.

Figure 3-11. Drug Test Refusals

3.7 Return-to-Duty Positive Rate

The total number of employees who returned to duty after a positive drug test or after refusing to take a drug test was 707. Because the consequences for refusing a drug test and for testing positive are the same, the MIS form used to collect information from employers combines these figures. See Table 3-12.

Table 3-12. Returned-to-Duty Covered Employees

Employer

Returned-to-Duty

Percent of Total

Transit Systems

580

82.0

Contractors

127

18.0

Totals

707

100.0


3.8 Results of Drug Tests Presented by Employee Category

This section presents drug test results by employee category for transit systems and contractors and their combined totals. Table 3-13 identifies the number of specimens collected, the number of positive results, and the percent of positive results. Table 3-14 presents drug test results by employee category for large, small, and rural systems and their combined totals. Table 3-15 presents drug test results by employee category for transit systems and contractors and their combined totals.

 


Table 3-13. Drug Test Results by Employee Category and Test Type by Transit System and Contractor

Transit Systems
Contractors

Totals

Employee Category

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive

TOTALS BY EMPLOYEE CATEGORY, ALL TEST TYPES

Revenue Vehicle Operation

117,205

1,456

1.24%

49,675

1,376

2.77%

166,880

2,832

1.70%

Revenue Veh. and Equip. Maint.

32,297

408

1.26%

5,188

138

2.66%

37,485

546

1.46%

Revenue Veh. Control/Disp.

9,054

73

0.81%

2,755

42

1.52%

11,809

115

0.97%

CDL/Non-Revenue Vehicle

3,571

32

0.90%

349

8

2.29%

3,920

40

1.02%

Armed Security Personnel

2,268

8

0.35%

1,306

11

0.84%

3,574

19

0.53%

TOTALS

164,395

1,977

1.20%

59,273

1,575

2.66%

223,668

3,552

1.59%

Transit Systems

Contractors

Totals

Test Type

Number of Specimens Collected

Number of Positive Results

Percent Positive

Number of Specimens Collected

Number of Positive Results

Percent Positive