### Attachment III

Federal Regulations

– Required Drug Testing

This document provides a brief synopsis of the classes of position/occupations for which employers are required to drug test employees under current Federal regulations. Because the descriptions are not necessarily exhaustive of the occupations, a link to the relevant regulation is provided.

Department of Transportation Regulations R egarding Drug Testing

Classes of positions/occupations for which employers are required to drug test employees as identified in DOT’s regulations at 49 CFR parts 199, 219, 382, and 655.

49 CFR part 199

– Pipeline S afety

A pplies to persons employed by pipeline operators or their contractors located within the territory of the United States, who perfo rm covered functions including operations, maintenance, or emergency

- response function s as provided for in the regulation.

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49 CFR part 219

– Federal Railroad Administration

A pplies to employees of r ailroads that operate as part of the general railroad system of transportation and those that provide commuter or other short

- haul rail passenger service in a metropolitan or suburban area . The drug testing requirements a ppl y to person s who

ha ve been assigned to perform service in the United States subject to the hours of service

laws (covered employees). The hours of service laws apply to train employees, signal employees, and dispatch service employees. For the purposes of pre

- employment testing only, the term “covered employee” includes a person applying to perform covered service

in the United States.

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49 CFR part 382

– Federal Motor Carrier Safety Administration

This regulation applies to persons and their employers who operate a commercial motor

vehicle in interstate, foreign, or intrastate commerce, to all employers of such persons,and to all States, individuals subject to the commercial license requirements of Mexico

and Canada.

It does not apply to employers and their drivers who are subject to the requirements of the Federal Transit Administration alcohol and controlled substances testing regulatio ns); active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full

- time national guard duty, personnel on

part

- time national guard training and national guard military technicians (ci vilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or at the discretion of a State, o perators of certain farm vehicle s
, f irefighters or other persons who operate commercial motor vehicles which are necessary fo r the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.

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49 CFR part 655

– Federal Transit Administration

This regulation applies primarily to workers who are hired with Federal assistance grants

to metropolitan planning organizations, State departments of transportation, and public transit operators through Urban or Rural Formula grants for public transportat ion ; fixed guideway capital investment grants; or grants for construction of the interstate highway

system . It applies to individuals performing safety

- sensitive functions

The types of positions carrying out s afety

- sensitive function s that are subject to this regulation include:

1. Operating a revenue service vehicle, including when not in revenue service;

2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License;

3. Controlling dispatch or movement of a r evenue service vehicle;

4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service.

5. Carrying a firearm for security purposes.

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United St ates Coast Guard Regulations Regarding Drug Testing

Classes of positions/occupations for which drug testing is required under United States Coast Guard regulations at 46 CFR part 16 include:Individuals appl ying for a license as an Officer, Staff Officer , or Operator for a Merchant

Mariner’s Document EXCEPT modifications (increases of scope), duplicates, and International Endorsements (STCW) ;

1. Individuals applying for a license as an Office, Staff Officer, or Operator for a

Merchant Mariner’s Document or credential;

2. All individual s hired to serve as a crewmember ;

. 3. A ble seam e n, lifeboatm e n, qualified member of the engine department, or

tankerm e n; or 4. Individuals who p erform the duties and functions of patrolmen or watchmen or

a re specifically assigned the duties of warning, mustering, assembling, assisting, or controlling the movement of passengers during emergencies are subject to random drug tests

.

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Federal Aviation Administration Regulations Regarding Drug Testing

Classes of positions/occupations in which an employee must be tested under Federal Aviation Administration regulations at 14 CFR part 120 all employee s , including any

assistant s , helper s , or individual s in a training status, who performs a safety

- sensitive function for an employer as defined in this regulation and include:

1. Flight crewmember s; 2. Flight attendants ; 3. Flight instruct ors; 4. Aircraft dispatcher s; 5. Aircraft maintenance and preventive maintenance workers;

6. Ground security coordinator s; 7. Aviation screen ers; and

8. Air traffic control ers.

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