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Appendix <br />Employees Covered by Department of Transportation (DOT) Reeulations <br />Together with the other Drug Free Workplace Policy requirements employees covered by DOT Regulations <br />must comply with this appendix. <br />A. DOT Federal Transit Administration covered em lloovees and functions. Employees who perform <br />safety -sensitive function(s) as defined by the Federal Transit Administration (FTA) are subject to <br />regulation by the United States Government (DOT regulated employees). A FTA safety -sensitive <br />function is any of the following duties when performed by employees for departments that receive <br />federal funding under 49 USC 5307, 5309, 5311, or 23 USC 103(e)(4): <br />1. Operating a revenue service vehicle, including when not in revenue service; <br />2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial <br />Driver's License; <br />3. Controlling dispatch or movement of a revenue service vehicle; <br />4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment <br />used in revenue service. This section does not apply to the following: an employer who receives <br />funding under 49 U.S.C. 5307 or 5309, is in an area less than 200,000 in population, and contracts <br />out such services; or an employer who receives funding under 49 U.S.C. 5311 and contracts out <br />such services; <br />5. Carrying a firearm for security purposes. <br />B. DOT Federal Motor Carrier Safety Administration covered em lloovees and functions. Employees who <br />drive or operate a commercial motor vehicle (CMV). The Federal Motor Carrier Safety Administration <br />(FMCSA) has interpreted driving a CMV on a road, street or way which is open to public travel, even <br />though privately -owned or subject to military control, as prima facie evidence of operation in commerce. <br />Employees who drive or operate a CMV must hold a valid appropriate commercial driver's license. <br />FMCSA safety -sensitive function(s) are defined as and include all time from the time an employee <br />begins to work, or is required to be in readiness to work, until the time the employee is relieved from <br />work and all responsibility performing work. Safety -sensitive functions shall include: <br />1. All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, <br />waiting to be dispatched, unless the driver has been relieved from duty by the employer. This <br />includes employees who are "eligible" at work to drive a CMV at anytime, e.g., salespersons, <br />clerks, secretaries, supervisors; <br />2. All time inspecting equipment as required by 49 C.F.R 392.7, "Equipment, Inspection, and Use," <br />and 49 CY R 392.8, "Emergency Equipment and Use," or otherwise inspecting, servicing, or <br />conditioning any CMV at any time; <br />3. All driving time, which is any time spent at the driving controls of a CMV in operation; <br />4. All time, other than driving time, in or upon any CMV except time spent resting in a sleeper berth; <br />5. All time loading or unloading a vehicle, supervising or assisting in loading or unloading, attending <br />a vehicle being loaded or unloaded, remaining ready to operate the vehicle, or giving or receiving <br />receipts for shipments loaded or unloaded; <br />6. All time repairing, obtaining assistance for, or remaining with a disabled vehicle. <br />C. Applicants and all current employees who apply for assignment, transfer, or promotion to a DOT <br />regulated position must sign an Authorization for Release of Personal Information Form for the release <br />of alcohol and drug testing data compiled by previous employers covered by 49 CFR Part 40 and <br />13 <br />Attachment number 1 \n <br />F-5 Page 68 <br />