Federal Transit Administration (FTA) 49 CFR Part 655
For local public transit systems, including buses, subways, light rail, commuter rail, trolleys and ferries, the Federal Transit Administration (FTA) provides resources, support, and assistance—including important oversight of the DOT required drug and alcohol testing.
Covered Employee Definition:
A person who performs a revenue vehicle operation; revenue vehicle and equipment maintenance; revenue vehicle control or dispatch (optional); Commercial Drivers License non-revenue vehicle operation; or armed security duties.
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(§655.4) Post-Accident Testing Definition
Testing is required after an occurrence associated with the operation of a vehicle in which:
- An individual dies
- An individual suffers a bodily injury and immediately receives medical treatment away from the scene of an accident
- The mass transit vehicle is a bus, electric bus, van, or automobile in which one or more
vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. Look-alike historical trolley buses that operate on surface roads without a fixed guideway are considered buses for purposes of this definition. “Disabling damage” means damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs, and includes damage to vehicles that could have been operated, but would have been further damaged if so operated - The mass transit vehicle involved is a railcar, trolley car, trolley bus (on a fixed guideway or overhead wire), or vessel and is removed from operation
Any accident involving a fatality requires testing, however, testing following a non-fatal accident is up to the employer’s discretion. If it can be proven that the employee’s performance could not have contributed to the accident, no test is needed.