PennTRAIN - dot.state.pa.us

PennTRAIN - dot.state.pa.us

Rural Management Assistance Workshop - 2005 State College, PA February 28 March 1 and 2, 2005 Welcome to the 2005 Annual RMA CONCURRENT B R E A K O U T SESSIONS SESSION A High Level Discussion Bureau Updates SESSION B Staff Level Discussion Applications Forms

Reports, etc. LOTTERY AND SPECIAL IZED TRANSPORTATION PROGRAMS LaVerne Collins LOTTERY PROGRAMS FREE TRANSIT FOR SENIOR CITIZENS SHARED-RIDE

FOR SENIOR CITIZENS 8-Month Reconciliations Application Deadline 5/2/05 Financial Exhibits Release Date 7/05 Revenue Retention COMMUNITY TRANSPORTATION CAPITAL GRANTS - PTAF

Application Streamlining Application Deadline was January 31, 2005 Requests Compiled Review Completed April 1, 2005 Federal Assurances Mailed to Grantees April 15, 2005 Federal Assurances Due in BPT April 29, 2005 SPECIALIZED PROGRAMS WELFARE RURAL

TO WORK TRANSPORTATION FOR PERSONS WITH DISABILITIES WELFARE TO WORK TRANSPORTATION PROGRAM No TANF Funding in the 2005-06 Budget Several Legislative Proposals Support Funding No 2005-06 application

No 2005 Workshop Alternative Funding/ Termination Activities Expend 04-05 Funds By June 30, 2005 Dept. will advise grantees of any change in status RURAL TRANSPORTATION FOR PERSONS WITH DISABILITIES (PWD) For Current Participants Only Applications Due May 2, 2005 Expansion is under consideration Incremental dependant upon funding availability In the 24 Counties: - 7,758 Registered 19% - 1,078 Individuals Served in December 04 -11,310 Trips in December 04 -Cost to Program per Trip - $11.25

RURAL & INTERCITY BUS PROGRAMS Louise Tinkler RURAL AND INTERCITY BUS PROGRAMS BOB SHARP Rural Operating Assistance Rural Capital Assistance Federal Transit Administration Grants, etc. Program Payments Demonstrations & New Starts On-site Technical Assistance TINA CHUBB

Intercity Bus Operating Assistance Intercity Bus Capital Assistance RTAP On-going Research & Demo Projects Program payments Technical Assistance Technical Assistance, including Technical Procurements (Feasibility Studies; RFPs; MPRs, Consultant Services, etc.) are the only duties not currently being handled as regular responsibilities by Bob and Tina. These requests should continue to come through Louise. Gary graciously helps us when there is a need.

Public Transportation Funding and Other Issues Toby Fauver PennDOT FY 2004-2005 BUDGET $5,668 Million Highways $4,010 Million Public Transportation $931 Million Aviation $38 Million

Rail Freight $30 Million State Police/Debt Service/Other $659 Million 406 Million Annual Boardings Millions FY 03-04 350 300 301.0 250

200 150 100 68.0 31.0 50 0 Class 1 Class2 * Exclusive of paratransit trips provided by Class 1-4 Class3 2.0

3.0 1.4 Class 4 * Comm. Trans. Intercity Rail/Bus Rural System Trip Purpose General Fund Mass Transportation Assistance

Would be $42 million higher if kept pace with inflation $600 $400 $200 Fiscal Year FY 03-04 FY 02-03 FY 01-02 FY 00-01

FY 99-00 FY 98-99 FY 97-98 FY 96-97 FY 95-96 FY 94-95 FY 93-94 $0 FY 92-93 Millions of Dollars

$800 Public Transportation Assistance (PTAF) Would be $29 million higher if kept pace with inflation $600 $400 $200 Fiscal Year FY 03-04 FY 02-03

FY 01-02 FY 00-01 FY 99-00 FY 98-99 FY 97-98 FY 96-97 FY 95-96 FY 94-95 FY 93-94

$0 FY 92-93 Millions of Dollars $800 Fiscal Year FY 03-04 FY 02-03 FY 01-02 FY 00-01 FY 99-00

FY 98-99 FY 97-98 FY 96-97 FY 95-96 FY 94-95 FY 93-94 FY 92-93 Millions of Dollars Lottery

$800 $600 $400 $200 $0 Fiscal Year FY 03-04 FY 02-03 FY 01-02

FY 00-01 FY 99-00 $0 FY 98-99 FY 97-98 FY 96-97 FY 95-96 FY 94-95 FY 93-94

FY 92-93 Millions of Dollars General Fund - Dedicated Act 3 of 1997 $100 $50 Capped by Law at $75 M Would be $22 M higher if not capped Funding Crisis FY 2003-2004

$75 Million $21 Million restored in State General Fund operating assistance (inclusive of $5 Million additional local match) $29 Million in transit agency management and cost efficiencies $25 Million in federal flex FY 2004-2005 $100 Million Initiated emergency $18.8 Million stop-gap funding to avoid drastic service cuts and fare increases March to June 2005 actions uncertain Projected Public Transportation Deficit (STATEWIDE) $300 $266 $250 $228

Millions $200 $191 $150 $100 Projection based upon no increase of fares; federal, state, local, or other subsidies $155 $100 $50 $0

04-05 05-06 06-07 Year 07-08 08-09 5311 BALANCE DRAWDOWN PROJECTIONS $20,000,000 $9,916,120 $10,000,000 $8,824,709

$6,798,070 $3,752,034 -$405,145 $0 04-05 (XO23) -$10,000,000 05-06 (XO24) 06-07 (XO25) 07-08 (XO26)

08-09 09-10 (XO27) (XO28) -$5,773,470 10-11 (XO29) 11-12 (XO30) 12-13 (XO31) 13-14 (XO32)

-$12,461,945 -$20,000,000 -$20,589,382 -$30,000,000 -$30,285,289 -$40,000,000 -$41,690,827 -$50,000,000 5311 Drawdown Assumptions All reserves would be used for operating Grantee expenses would continue to increase at approximately 9% annually The federal allocation would remain level

(neither increased nor decreased) for that same period of time. State Funding Program FY 04-05 $832.7 Million Source Fiscal Year 04-05 ($ Millions) General Fund $321.7 (PTAF) Public Transportation Assistance Fund -Dedicated $174.8

General Fund Act 3 Dedicated $75.0 Lottery Fund $136.2 State General Obligation Bond (Transportation Assistance Program-TAP) $125.0 General Fund FY 04-05 ($ Millions)

Mass Transportation Assistance $287.8 Rural Transportation Assistance $1.0 Fixed Route Transit Intercity Bus and Rail Rail Safety Inspection $25.0 $7.4

$0.4 Total: $321.7 General Fund Mass Transportation Assistance $287.8 M Grantees Distribution ($ Millions) Class 1 $199.6

70.0% Class 2 $72.1 25.3% Class 3 $13.9 4.7% $285.6 100%

Urban Total Class 4 $2.2 Local Match 1:3 Uses Operating Assistance Other/ Restrictions

Distribution formula virtually unchanged since 1987 General Fund Rural Transportation Assistance $1.0 M Grantees Distribution ($ Millions) Class 3 $0.64

Class 4 $0.11 Subtotal $0.75 Local Match Uses Supplemental Operating Assistance None Welfare to

Work $0.25 Operating Trips and Fares Other/ Restrictions State funding provided in FY 1997 for Class 3 and Class 4. Welfare to Work discretionary distribution General Fund

Fixed Route Transit $25.0 M Grantees Distribution ($ Millions) Local Match Uses Other/ Restrictions Class 1 Class 2

100% fare reimbursement for senior citizens on fixed route transit Class 3 Class 4 Other (private) Rural Persons with Disabilities (PwD) $25.0 Discretionary Effective 1991. Makes up difference between Lottery

(average or base fare, whichever is LOWER) and average or base fare, whichever is HIGHER None Up to 85% fare reimbursement for PwD on shared ride transit Currently Available in 24 Counties General Fund Intercity Bus & Rail $7.4 M

Grantees Distribution ($ Millions) Local Match Amtrak $5.8 None Uses Other/ Restrictions

Operating 1:3 Intercity Bus Discretionary Distribution $1.6 Up to 10% Non Federal Share Capital (ADA Retrofit) General Fund Rail Safety Inspection $0.4 M

Grantees Consultant Contract Distribution ($ Millions) $0.4 Local Match Uses Other/ Restrictions

None State Rail Safety Inspection (SEPTA, PAAC, Johnstown) FTA required safety oversight of transit fixed guideway systems (1991) PTAF Dedicated Act 26 of 1991 Mass Transit Grants Rural Transit Grants Community Transportation

Technical Assistance Project Management Oversight Total: FY 04-05 ($ Millions) $166.2 $3.9 $2.3 $1.4 $1.0 $174.8 PTAF Dedicated Act 26 of 1991 Mass Transit Grants

$166.2 M Grantees Distribution ($ Millions) Class 1 $116.1 69.9% Class 2 $42.0 25.2%

Local Match $8.1 4.9% Other/ Restrictions Minimum of 50% Capital 1:29 Class 3 Uses

Up to 50% of total funding may be used for asset maintenance for all urban systems except Class 1SEPTA. SEPTA may use up to 30% for asset maintenance Distribution closely replicates general fund distribution formula PTAF Act 26 of 1991 Rural Transit Grants $3.9 M

Grantees Distribution ($ Millions) Local Match Uses Other/ Restrictions Minimum of 50% Capital Class 4

$3.9 1:29 Up to 50% of total funding may be used for Asset Maintenance Set Aside PTAF Act 26 of 1991 Community Transportation $2.3 M Grantees Community

Transportation/ Shared-Ride Providers Distribution ($ Millions) Local Match Uses Other/ Restrictions Set-aside Discretionary

None Capital Philadelphia and Allegheny Counties not eligible PTAF Act 26 of 1991 PennDOT Technical Assistance $1.4 M Grantees Transportation organizations as determined by

PennDOT Distribution ($ Millions) Discretionary Local Match Uses Varies depending on use of funds Technical assistance, demonstrations,

research, operating and capital assistance, new rural systems, rural system expansion, and other PennDOT initiatives Other/ Restrictions Set-Aside PTAF Act 26 of 1991 PennDOT Project Management Oversight $1.0 M Distribution

($ Millions) PennDOT $1.0 Local Match Uses None Administrative expenses associated with oversight of public transportation program

Other/ Restrictions Set Aside General Fund Dedicated Act 3 of 1997 FY 04-05 ($ Millions) Urban Mass Transit Grants $69.7 Rural Transit Grants

$4.1 Community Transportation $1.2 Total: $75.0 General Fund Dedicated Act 3 of 1997 Urban Mass Transit Grants $69.7 M Grantees

Class 1 Class 2 Class 3 Distribution ($ Millions) $40.3 $13.4 $15.9 Local Match Uses

Other/ Restrictions 58.4% 19.5% 22.1% Up to $52.5 Million may be used for Operating or Capital Assistance 1:29 Remainder may be

used for Capital or Asset Maintenance based upon PTAF percentages Supplemental dedicated funding ($52.5 million) provided FY 96-97 to replace reduced federal operating assistance. Remainder of funding provided to supplement PTAF dedicated funding General Fund

Dedicated Act 3 of 1997 Rural Transit Grants $4.1 M Grantees Class 4 Distribution ($ Millions) $4.1 Local Match Uses

1:29 Operating or capital assistance Other/ Restrictions Supplemental dedicated funding provided General Fund Dedicated Act 3 of 1997 Community Transportation $1.2 M

Grantees Community/ shared-Ride Providers Distribution ($ Millions) Discretionary Local Match None Uses Capital

Other/ Restrictions Allegheny & Philadelphia Counties not Eligible Lottery Fund FY 04-05 ($ Millions) Older Pennsylvanians Free Ride $63.0

Older Pennsylvanians Shared Ride $73.2 Total: $136.2 Lottery Fund Older Pennsylvanians Free Ride $63.0 M Grantees Distribution ($ Millions)

Local Match Uses Other/ Restrictions 1972 Original Authorization Class 1 - 4 Private Fixed Route Providers $63.0 None

100% Fare Reimbursement for senior citizens riding free on fixed route service Statutory calculation changed in 1991 to average or base fare whichever is lower. See Fixed Route Transit. Lottery Fund Older Pennsylvanians Shared-Ride

$73.2 M Grantees Class 1 - 4 and Community/ Shared-Ride Providers Distribution ($ Millions) $73.2 Local Match Senior citizen or

sponsoring agency pays 15% of shared-ride fare Uses 85% Fare Reimbursement for senior citizens on shared-ride fare Other/ Restrictions Authorized FY 1980 to

accommodate senior citizens who cannot use free fixed route service State General Obligation Bonds (TAP) Capital Budget $125 M Grantees Class 1 - 4 Other Trans. Agencies determined by PennDOT

Distribution ($ Millions) Discretionary (For approved Capital Budget Authorization) Local Match Federal - 1/6 of the nonfederal share Non Federal - 50% state share/50% local share Statewide Initiative - 0% Special State Initiatives Uses

Capital Assistance and special state initiatives such as: Vehicle Overhaul Program (VOH), etc. Other/ Restrictions BREAK Please Return in 15 minutes Transit Research & Demonstration the single solicitation process

The Departments Perspective - Mike Bonini and The PPTA Perspective - Marti Pierce PRIORITIZATION OF FUNDING Getting The Best Return for Your Dollars Bob Sharp OPERATING SOURCES

OF FUNDING: Federal 5311 State Act 26 Operating State Act 4a State PTAF State Act 3 CAPITAL

SOURCES OF FUNDING Federal 5309 Federal CMAQ Federal STP Federal 5208 Federal 5311 State Capital Bond State Act 26 PTAF State Act 3 STOP GAP FUNDING Louise Tinkler STOP GAP FUNDING DISCUSSION How many overall requests did we receive?

How many operating requests did we approve? How are we handling the capital requests? What about carry-over balances? L U N C H Please Return in 1 Hour PUBLIC TRANSPORTATION SUPPORTED BY TO ORDER DECALS CONTACT: Customer Service PennDOT

BUREAU OF PUBLIC TRANSIT PO BOX 3151 HARRISBURG, PA 171053151 717 705-1492 717 787-1202 Tina Chubb CHARTER ISSUES Whats right? Whats wrong? Bob Sharp / Louise Tinkler / LaVerne Collins 5311 FUNDS

Sponsored by Your Rural Transit System Who: 5311 Grantees/Sub Recipients What: Charter Service Transportation using buses or vans or facilities funded by the FTA. Federal regulation: Title 49 Part 604 State Oversight: Provide oversight through the submission and review of the annual operating assistance grant application; require confirmation from the subrecipients that their procedures are in

compliance with regulations and certifications through the FTA certification and assurance process, and as part of the annual compliance review. Why: Part of the State Management Plan The SMP for the Section 5311 program, submitted to and approved by the FTA, describes in detail how the state will monitor its sub recipients. Overview: If a recipient desires to provide any charter service using FTA equipment or facilities the recipient must first determine if there are any private charter operators willing and able to provide the charter service that the recipient

desires to provide. WHAT IS THE PROCESS? The process for determining if there are any willing and able private charter operators must at a minimum include: 1. Placing a notice in a newspaper, or newspapers, of general circulation within the proposed geographic charter service area. THIS MUST BE DONE ANNUALLY!!!!!!!! 2. Sending a copy of the notice to all private charter service operators in the proposed geographic service area and to any private charter operator that requests notification. 3. Sending a copy of the notice to the United Motor Coach Association, 113 S. West Street, Alexandria, VA 22314 and the American Bus

Association, 700 13th Street, NW, Suite 675, Washington, D.C. 20005. 4. Notice information contained in Part 604, Section 604-11. Vehicle Definition: The regulations recognize only two categories of vehicles: buses and vans. Rubber-tired replica trolleys, articulated buses, double decker buses, and other types of specifically modified equipment are all buses and are subject to the same rules as transit buses. INCIDENTAL CHARTER SERVICE

Any charter service that a recipient provides under any of the allowed exceptions must be incidental charter service. Incidental charter service does not interfere with, or detract from, providing mass transportation service or does not shorten the mass transportation life of the equipment being used. Exceptions: 49 CFR PART 604.9 Exception 1, applies if no willing and able operator exists. If an operator does exist, the grantee can provide charter service only if the other exceptions apply. Exception 2, providing FTA funded vehicles to private operators to satisfy a capacity need or need for

accessible vehicles. This exception is used often by grantees that have vehicles available for charter use by willing and able private operators. Under this exception, the grantee provides service under contract to the private operator, who is responsible for the direction and control of the grantees vehicles while the service is being provided. Grantees cannot lease a trolley to a private operator and claim that the charter service is allowed under exception 2 unless the private operator has exhausted its supply of buses. The intent of exception 2 is to satisfy a genuine capacity need for buses in general or a need for accessible equipment.

Transit systems that have established an ongoing relationship with other agencies or companies to provide revenue service vehicles, must require that these entities establish and maintain drug and alcohol testing programs compliant with the FTA regulations for the portion of the business that uses these vehicles. The grantee does not contract directly with the public for the service. FTA requires a contract between a private charter operator and the grantee for the provision of equipment or service when the private contractor needs extra capacity or accessible equipment. All equipment or services provided under this exception must be incidental service (i.e., nonpeak period and priced at fully allocated costs).

Exception 3, does not apply In instances where vehicles are provided on a one-time or incidental basis, and there is no ongoing relationship (i.e., mayor drives a bus in a parade, radio personality drives a bus during a vehicle rodeo), the regulations do not apply. Exception 4, a special events exception This exemption requires the grantee to submit its petition to the FTA Administrator at least 90 days prior to the event. The petition must describe the event, explain how it is special, and explain the amount of charter service that private operators are not

capable of providing. The Administrator will issue a written decision granting or denying the request in whole or in part. Exception 5, is to provide service to government entities or non-profit agencies serving persons with disabilities or persons receiving public welfare funds. The contracting entity must provide a certification as specified in the regulations, which attests to the nonprofit nature of the agency, identifies the passengers, declares that the requested charter trip is consistent with the function of the organization, and is consistent with Title VI of the Civil Rights Act of 1964. Exception 6, does not apply

Exception 7, the formal agreement with all private operators, may be used by grantees who wish to provide charter service when there are willing and able private operators. This exception requires that the grantee execute a formal agreement with all private operators it has determined to be willing and able. The agreement must specifically allow the grantee to provide the particular type of charter service defined. The grantees annual public notice must provide for this type of agreement or must be amended to refer to the agreement before the grantee undertakes the charter trips the agreement describes. The grantee and the private operators may define the excepted charter service in any agreed to terms and conditions. If a grantee or their sub recipients operates charter service with a formal agreement, or

because no willing and able operator is identified, an annual notice is required. When providing charter service under the other three exceptions (non-profit, special event, or contract with a private operator to satisfy a capacity need), an annual notification is not necessary. ATTACKING THE LANGUAGE BARRIER Increasing Latino Mobility You dont have to speak English to ride the bus Transit Research & Demonstration Project TMACC and PennDOT

Tina Chubb BREAK Please Return in 15 minutes DEADLINES Why do we have them? What do we do with the information? What does it mean if the requirements are not met? Bob Sharp & Louise Tinkler

FY 2005-2006 RURAL PROGRAM FILING DEADLINES FY 2005-2006 RURAL PROGRAM FILING DEADLINES DUE DATE ITEM PURPOSE OF COMPLIANCE April 30, 2005 2004-05 Third Quarter ROA-3 and Accident Report. Contractual Obligation

May 1 Proposed Service Standards. Legislative Requirement per Public Transit Law (PTL) May 30 2005-06 Section 5311/Act 26 Operating Assistance Applications must be received. Program Administration June 1 DBE Report

( Data October 1, 2004March 31, 2005 ) June 30 Request For Items To Be Included In Next Capital Budget Program Planning & Administration July 31 2004-05 Fourth Quarter ROA-3 and Accident Report. Contractual Obligation Contractual Obligation

August 15 Approved/Actual Service Standards. Legislative Requirement per Public Transit Law (PTL) October 31 Form 26C FY 04-05 Project Report For Use Of Dedicated Funds Legislative Requirement per Public Transit Law (PTL) October 31 NPR 1 2005-06

Program Administration October 31 2005-06 First Quarter ROA-3 and Accident Report. Contractual Obligation November 30 2004-05 Data Certification Program Administration December 1

DBE Report ( Data April 1, 2005 September 30, 2005 ) Contractual Obligation December 31 2004-05 Section 5311/ Act 26 Audit Report. Contractual Obligation December 31 5333(b) Special Labor Warranty FY 2006-2007 Federal Regulations

January 31 2005-06 Second Quarter ROA-3 and Accident Report. Contractual Obligation PLEASE NOTE: It is expressly understood that if a deadline date is either a Saturday, Sunday or legal holiday, the deadline is automatically extended to the next business day. ? PENALTIES FOR NON-COMPLIANCE Program Trends Bob Sharp & Louise Tinkler

FUNDING AMOUNTS F.Y. 2005-2006 Louise Tinkler FUNDING SOURCES: Federal 5311 Operating = $9,642,936 State Act 26 Operating = $2,284,099 Free Transit Lottery (varies by system) Act 26 PTAF Asset. Maintenance = $4,001,000 Act 3 BSG = $3,649,428 Act 3 ASG = $ 484,681 Act 4A = $ 106,882 Local

(varies by system) FEDERAL FUNDING DISTRIBUTION RATIONALE Appropriation Amount 15% Intercity Bus Administration Costs Funding Levels and Rationale Capital reserve RTAP - PennTRAIN FUNDING DISTRIBUTION OF NEW FEDERAL GRANT Appropriation Amount = $11,335,018

15% Intercity Bus = $1,700,255 Administration Allocation = $300,000 Funding Levels and Rationale = 50% of 04/05 deficit = Base Grant for this year Capital obligations = $_0__ RTAP = $149,138 PROGRAM EVALUATION Louise Tinkler Adjourn Day 1 RMA 2005 Day 2

Questions & / or Unfinished Business from Tuesday FTA Updates Federal Transit Administration Staff Florence Bicchetti & Michele Destra PENNTRAIN Update Cindy Conaway Mike Noel & Bob Schmidt

BREAK Please Return in 15 minutes PENNTRAIN (Contd.) TWO NEW TRAINING TOOLS Revised Board Training Manual & Roles & Responsibilities of Transit Managers

Something new from National RTAP L U N C H Please Return in 1 Hour Results of Compliance Reviews Bob Sharp COMPLIANCE REVIEWS WHY DO WE HAVE THEM? WHAT HAVE WE FOUND? WHAT DO WE DO WITH OUR FINDINGS?

COMPLIANCE REVIEWS HOW DO COMPLIANCE REVIEWS HELP GRANTEES? DOES THE COMPLIANCE REVIEW CHECKLIST HELP YOU PREPARE? WHAT CAN WE DO DURING THE COMPLIANCE REVIEW TO MAKE IT LESS STRESSFUL? COMPLIANCE REVIEWS SHOULD

WE VISIT GRANTEES MORE THAN ONCE A YEAR? Drug & Alcohol Update The latest out of Washington Bob Sharp 49 CFR PART 655 POLICY AND DEFINITIONS Overview Requirements Definitions

for Policy in Part 655 Policy Requirements Outlined in Section 655.15 (a) Designated contact person (person, office, branch,

and/or position) (b) Categories of employees covered (c) Prohibited behavior (d) Testing circumstances (e) Testing procedures (f) Requirements for testing (g) Test refusal (h) and (i) Consequence (j) Employer-specific requirements (a) Designated Contact Person Identity of person, office, branch, and/or position

If providing specific persons name, consider listing in appendix so easily updated (b) Applicability: Safety-Sensitive Functions Operation of a revenue service vehicle, in or out of revenue service Operation of a non-revenue vehicle requiring a CDL Controlling movement or dispatch of a revenue service vehicle (determined by employer) Always included for fixed rail, transit system assessment

for other vehicles Security personnel that carry firearms (b) Applicability: Safety-Sensitive Functions (Cont.) Maintenance of a revenue service vehicle Contractor employees that stand in the shoes of Transit System employees also have to comply covered in more detail in next section Note: Include supervisors only if they perform

safety-sensitive functions (b) Common Problems: SafetySensitive Functions Identify safety-sensitive positions Review each employees job function (independent from title) Determine if the employee could cause or contribute to an accident Include employees who can be called upon to perform safety-sensitive functions (c) Prohibited Behavior

Consumption of alcohol from any source is prohibited. . . While performing safety-sensitive functions 4 hours before safety-sensitive function 8 hours after an accident While on call Consumption of illegal drugs is prohibited at all times

(c) Prohibited Behavior -- Alcohol Any covered employee who is found to have an alcohol concentration between 0.02 and 0.04 must be removed from safety-sensitive duty Until a retest shows an alcohol concentration of less than 0.02, or 8 hours have passed (c) Prohibited Substances Marijuana Cocaine Amphetamines Opiates

Phencyclidine Alcohol -- AS DETAILED ABOVE (d) Testing Categories Pre-employment Reasonable suspicion Post-accident Return-to-duty Follow-up Random (d) Period of Coverage Drug

test anytime on while on duty Alcohol test Just before, during, or immediately after safety-sensitive duty (e) Testing Methods Consistent with 49 CFR Part 40 procedures Incorporate Part 40 as amended by reference

Make Part 40 readily available to employees Establish whether company will retest after dilute negative test result (e) Testing Methods (Cont.) Drug & alcohol tests - detailed discussion in policy now optional -It is only necessary to reference Part 40, but if referenced, copies must be available for employees (f) Test Requirement All

covered employees are required to submit to drug and alcohol tests as a condition of employment (g) Test Refusal -- Violation of Employers Policy Refusing to provide specimen Insufficient volume without valid medical explanation

Tampering, adulterating, or substituting specimen Failing to appear within a reasonable time - defined by employer Leaving the scene of an accident without just cause prior to submitting to a test Leaving collection facility prior to test completion Failing to permit an observed or monitored collection when required (g) Test Refusal (Cont.)

Failing to take a second test when required Failing to undergo a medical examination when required Failing to cooperate with any part of the testing process Failing to sign Step 2 of alcohol test form Once test is underway, failing to remain at site and provide a specimen For pre-employment, the following are NOT refusals: Failure to appear Failure to remain at site prior to commencement of test Aborting the collection before the test commences (h) and (i) Consequences Positive drug or alcohol (above 0.04) test result or test refusal

Remove employee from safety-sensitive position Advise employee of available resources Refer for assessment by a Substance Abuse Professional Apply transit system disciplinary policy (h) and (i) Consequences (Cont.) Alcohol test result of 0.02 or greater but less than 0.04

Remove from safety-sensitive position for a minimum of 8 hours unless subsequent test results in a concentration of less than 0.02 Apply employer disciplinary policy Note: employer has options in this circumstance and should clearly state disciplinary actions to be taken in policy Range of choices goes from termination to no action beyond the 8-hour removal from duty SAP Referral Required Referral for assessment by a Substance Abuse Professional

SAP referral is required even if no 2nd chance allowed For 2nd chance, SAP referral must be followed SAP referral gives employee chance to work for other systems Part 655 and Part 40 require that employer provide listing of qualified SAPs (as recommended in the policy) (j) Additional Employer Provisions Allowed Must

be identified Define additional employer thresholds for postaccident tests The provisions of the Drug Free Workplace Act of 1988 may be incorporated in the policy statement but must be so identified Documentation Required Proof of policy adoption by Local Governing Board or Other Authorized Official -Normally found on cover of policy

Effective date of policy -Also on cover Policy Dissemination Policy distribution -Employees should be requested to sign a confirmation of receipt form Part 40 must be available for review by employees Common Policy Flaws

Not formally adopted/dated Not compliant with FTA regulations Confuse FTA/FMCSA requirements Not current with regulatory changes Consequences not clearly defined Insufficient notification of employees Use of boilerplate policy without modifying for local circumstances Compliance Tips

Always update your policy when new regulations are implemented Make sure the date of the last policy is clearly stated on the policy Compliance Tips (Cont.) Make sure future revisions of a substantive nature also receive Board approval Make sure all employees have the most current version of the policy Clearly differentiate between FTA and

company authority PROGRAM EVALUATION Louise Tinkler No Hershey Follow-Up This Year The Hershey Agenda is jam-packed, so we will not have a formal, scheduled follow-up session. As always, Rural staff will be available to discuss your projects, answer questions, and / or address your concerns. Plan for Next Year Mark Your Calendars February 27, 28, and March 1, 2006

Adjourn

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