Wyoming Department of Transportation
Office of Local Government Coordination
Taylor J. Rossetti

49 CFR Part 655
› Prevention of Alcohol Misuse and Prohibited
Drug Use in Transit Operations

49 CFR Part 40
› Procedures for Transportation Workplace
Drug and Alcohol Testing Programs

WYDOT Drug and Alcohol Policy for
Transit Providers
Statutorily
requires testing for recipients of 5307 and 5311 (5309)
Random Testing Rates
• Drugs - 25%
 Marijuana, Cocaine, Opiates, Amphetamines, PCP, and Ecstasy
• Alcohol – 10%

Safety Sensitive Functions
• Operate a revenue service vehicle
• Operating a non-revenue vehicle that requires a CDL (Tow Truck)
• Controlling dispatch of vehicles
• Maintaining vehicles (if the maintenance is performed by your
employee)
• Armed security personnel

Any other person on your staff is not covered under this policy


Policy
Education and Training
› All employees must receive a minimum of 60 minutes of
training
 Cover the effects and consequences of use and the signs
and symptoms of drug use
 Recommend an annual refresher
› Supervisors and others authorized to make a reasonable
suspicion determination must have an additional 60
minutes of training (120 minutes total)
 Additional information regarding the physical, behavioral,
speech and performance indicators of alcohol misuse


Testing Program consistent with Part 655 and 49 CFR
part 40
Procedure for referring a covered employee to a
Substance Abuse Professional

Pre-employment testing
› No excuses!
 Drug test must have a verified negative test
prior to performing any safety-sensitive
function
 Alcohol may be tested for but not required
 All employees must be treated equally
› Employee out of safety-sensitive function for
more then 90 days and not in the random
pool

Only person authorized and trained for
reasonable suspicion can make this
determination
› Must be based on specific information
› Document your reason for sending to test

Fatal accident
› This is a drug and alcohol test
› May extend beyond the driver
 Dispatcher and maintenance personnel

Nonfatal accident
› Reasonable suspicion
› Person requires medical treatment away
from the scene
› Vehicle must be towed away

Safety-sensitive employees only
› May use a C/TPA to administer your pool
› Selection should be scientifically valid (random) with each
employee receiving an equal chance of being selected
› You must ensure that the testing rates are met
› May have to report results to WYDOT for inclusion into the
annual DAMIS



Unannounced and unpredictable
Only tested while performing safety-sensitive function,
just before or just after duty for alcohol
Drug may be tested for anytime the employee is on
duty

Who is responsible for what
• Employer
 Must be familiar with this part in its entirety
 Agents working on your behave
o You are required to have documentation showing they are
qualified to conduct the function
o Periodic review of collection sites
 DOT vs. non-DOT testing
o Must be completely separate from each other – different
forms
 Previous employer
o After receiving consent, must request information from a
previous employer if they are regulated by a DOT Agency
o Ask the employee if they have every had a positive test
 Could still hire employee if they completed the return to
duty process

Brings DOT in line with Health and Human
Services procedures
› Impact on collection sites

Laboratory impacts
› Addition of Ecstasy (MDMA) to the testing
Protocol
› Adjustments to cutoff levels for cocaine and
amphetamines
› Mandatory initial testing for heroin

Medical Review Officer
› Changes to training/certification
Policy
developed through periodic FTA audits
 CATC
 WYDOT – 2007
 WYDOT – 2010
 Addition of MDMA – Ecstasy to the drug
protocol
If your policy mentions parts 653 and 654, it is
out of date
