[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR655.72]

[Page 69-70]
 
                        TITLE 49--TRANSPORTATION
 
                             TRANSPORTATION
 
PART 655--PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE IN TRANSIT 
OPERATIONS--Table of Contents
 
                 Subpart H--Administrative Requirements
 
Sec. 655.72  Reporting of results in a management information system.

    (a) Each recipient shall annually prepare and maintain a summary of 
the results of its anti-drug and alcohol misuse testing programs 
performed under this part during the previous calendar year.
    (b) When requested by FTA, each recipient shall submit to FTA's 
Office of Safety and Security, or its designated agent, by March 15, a 
report covering the previous calendar year (January 1 through December 
31) summarizing the results of its anti-drug and alcohol misuse 
programs.
    (c) Each recipient shall be responsible for ensuring the accuracy 
and timeliness of each report submitted by an employer, contractor, 
consortium or joint enterprise or by a third party service provider 
acting on the recipient's or employer's behalf.
    (d) Drug use information: Long Form. Each report that contains 
information on verified positive drug test results shall be submitted on 
the FTA Drug Testing Management Information System (MIS) Data Collection 
Form (Appendix A of this part) and shall include the following 
informational elements:
    (1) Number of FTA covered employees by employee category.
    (2) Number of covered employees subject to testing under the anti-
drug regulations of the other DOT operating administrations subject to 
49 CFR Part 40.
    (3) Number of specimens collected by type of test (i.e., pre-
employment, follow-up, random, etc.) and employee category.
    (4) Number of positives verified by a Medical Review Officer (MRO) 
by type of test, type of drug, and employee category.
    (5) Number of negatives verified by an MRO by type of test and 
employee category.
    (6) Number of persons denied a position as a covered employee 
following a verified positive drug test.
    (7) Number of covered employees verified positive by an MRO or who 
refused to submit to a drug test, who were returned to duty in covered 
positions during the reporting period (having complied with the 
recommendations of a substance abuse professional as described in Sec. 
655.61).
    (8) Number of employees with tests verified positive by an MRO for 
multiple drugs.
    (9) Number of covered employees who were administered drug and 
alcohol tests at the same time, with both a verified positive drug test 
result and an alcohol test result indicating an alcohol concentration of 
0.04 or greater.
    (10) Number of covered employees who refused to submit to a random 
drug test required under this part.
    (11) Number of covered employees who refused to submit to a non-
random drug test required under this part.
    (12) Number of covered employees and supervisors who received 
training during the reporting period.
    (13) Number of fatal and nonfatal accidents which resulted in a 
verified positive post-accident drug test.
    (14) Number of fatalities resulting from accidents which resulted in 
a verified positive post-accident drug test.
    (15) Identification of FTA funding source(s).
    (e) Drug Use Information: Short Form. If all drug test results were 
negative during the reporting period, the employer must use the ``EZ 
form'' (Appendix B of this part). It shall contain:
    (1) Number of FTA covered employees.
    (2) Number of covered employees subject to testing under the anti-
drug regulation of the other DOT operating administrations subject to 49 
CFR Part 40.
    (3) Number of specimens collected and verified negative by type of 
test and employee category.
    (4) Number of covered employees verified positive by an MRO or who 
refused to submit to a drug test prior to the reporting period and who 
were returned to duty in covered positions during the reporting period 
(having complied with the recommendations of a substance abuse 
professional as described in Sec. 655.62).

[[Page 70]]

    (5) Number of covered employees who refused to submit to a non-
random drug test required under this part.
    (6) Number of covered employees and supervisors who received 
training during the reporting period.
    (7) Identification of FTA funding source(s).
    (f) Alcohol misuse information: Long Form. Each report that contains 
information on an alcohol screening test result of 0.02 or greater or a 
violation of the alcohol misuse provisions of this part shall be 
submitted on the FTA Alcohol Testing Management (MIS) Data Collection 
Form (Appendix C of this part) and shall include the following 
informational elements:
    (1) Number of FTA covered employees by employee category.
    (2) (i) Number of screening tests by type of test and employee 
category.
    (ii) Number of confirmed tests, by type of test and employee 
category.
    (3) Number of confirmed alcohol tests indicating an alcohol 
concentration of 0.02 or greater but less than 0.04, by type of test and 
employee category.
    (4) Number of confirmed alcohol tests indicating an alcohol 
concentration of 0.04 or greater, by type of test and employee category.
    (5) Number of covered employees with a confirmed alcohol test 
indicating an alcohol concentration of 0.04 or greater who were returned 
to duty in covered positions during the reporting period (having 
complied with the recommendation of a substance abuse professional as 
described in Sec. 655.61).
    (6) Number of fatal and nonfatal accidents which resulted in a 
confirmed post-accident alcohol test indicating an alcohol concentration 
of 0.04 or greater.
    (7) Number of fatalities resulting from accidents which resulted in 
a confirmed post-accident alcohol test indicating an alcohol 
concentration of 0.04 or greater.
    (8) Number of covered employees who were found to have violated 
other provisions of subpart B of this part and the action taken in 
response to the violation.
    (9) Number of covered employees who were administered alcohol and 
drug tests at the same time, with a positive drug test result and an 
alcohol test result indicating an alcohol concentration of 0.04 or 
greater.
    (10) Number of covered employees who refused to submit to a random 
alcohol test required under this part.
    (11) Number of covered employees who refused to submit to a non-
random alcohol test required under this part.
    (12) Number of supervisors who have received training during the 
reporting period in determining the existence of reasonable suspicion of 
alcohol misuse.
    (13) Identification of FTA funding source(s).
    (g) Alcohol Misuse Information: Short Form. If an employer has no 
screening test results of 0.02 or greater and no violations of the 
alcohol misuse provisions of this part, the employer must use the ``EZ'' 
form (Appendix D of this part). It shall contain (This report may only 
be submitted if the program results meet these criteria.):
    (1) Number of FTA covered employees.
    (2) Number of alcohol tests conducted with results less than 0.02 by 
type of test and employee category.
    (3) Number of employees with confirmed alcohol test results 
indicating an alcohol concentration of 0.04 or greater prior to the 
reporting period and who were returned to duty in a covered position 
during the reporting period.
    (4) Number of covered employees who refused to submit to a random 
alcohol test required under this part.
    (5) Number of supervisors who have received training in determining 
the existence of reasonable suspicion of alcohol misuse during the 
reporting period.
    (6) Identification of FTA funding source(s).