97-15542. Availability of Implementation Guidelines

[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Notices]
[Page 32400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15542]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration (FHWA)


Availability of Implementation Guidelines

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.

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SUMMARY: The FHWA has published implementation guidelines on how to set 
up an alcohol and drug testing program. This notice provides the public 
with the address and telephone number where these guidelines may be 
obtained. The FHWA urges motor carriers to obtain these guidelines to 
ensure they have set their programs to be in compliance with the FHWA's 
rules and guidance.

FOR FURTHER INFORMATION CONTACT: Order Desk, National Technical 
Information Service, U.S. Department of Commerce, 5285 Port Royal Road, 
Springfield, VA 22161; telephone [phone], or Neill Thomas, 
Office of Motor Carrier Research and Standards, FHWA, [phone].

SUPPLEMENTARY INFORMATION:

Implementation Guidelines

    In response to passage of the Omnibus Transportation Employee 
Testing Act of 1991, the FHWA has published regulations prohibiting 
controlled substances use and alcohol misuse and modified other current 
regulations. The regulations at 49 CFR part 382, ``Controlled 
Substances and Alcohol Use and Testing,'' replaced 49 CFR part 391, 
subpart H, ``Controlled Substances Testing.'' In addition, the 
Department of Transportation (DOT) has issued 49 CFR part 40, 
``Procedures for Transportation Workplace Drug and Alcohol Testing 
Programs,'' which prescribes testing methods to be followed.
    The FHWA has developed the implementation guidelines to assist 
motor carriers in implementing the regulations. The ultimate goal of 
the regulations, for the FHWA and the motor carrier industry, is to 
achieve a controlled substances-and alcohol-free work force in the 
interest of the health and safety of employers, drivers, and the 
public.
    These implementation guidelines are the FHWA's ``small entity 
compliance guide.'' The guidelines were called for by the Contract With 
America Advancement Act of 1996 (Pub. L. 104-121, Title III, Subtitle 
A, March 29, 1996). As allowed by this Act, the content of this small 
entity compliance guide may be considered, upon judicial review, as 
evidence in support of the reasonableness or appropriateness of any 
proposed fines, penalties, or damages of an FHWA civil or 
administrative action.
    These guidelines are written as if a motor carrier has no 
controlled substances and/or alcohol testing program already in place. 
It provides a logical sequence for implementing the various elements of 
a successful program and contains examples of documents, checklists, 
forms, and procedures that may be used by individual motor carriers in 
formulating their programs. The required elements of a controlled 
substances use and alcohol misuse program discussed in the guidelines 
are: (1) Policy and procedure development; (2) Driver education and 
supervisor training; (3) Urine specimen collection and testing; (4) 
Breath and saliva sample collection and testing; and (5) Recordkeeping 
and reporting.
    The guidelines may be purchased through the National Technical 
Information Service (NTIS), U.S. Department of Commerce, 5285 Port 
Royal Road, Springfield, VA 22161; telephone [phone]. The NTIS 
has assigned order No. PB 96-197926 to the publication. Initial prices 
are: Hard copy--price code A16--$49.00; Microfiche--price code A03--
$19.50.

    Authority: 23 U.S.C. 315 and 49 CFR 1.48.

    Issued on: June 4, 1997.
Jane Garvey,
Acting Administrator, Federal Highway Administration.
[FR Doc. 97-15542 Filed 6-12-97; 8:45 am]
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