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Administration <br />The Executive Director will administer this policy. <br />Drug and Alcohol Program <br />"Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," as implemented by 49 CFR <br />Part 655 (August 2001), as amended, and to be read in conjunction with 49 CFR Part 40, requires all <br />subrecipients receiving Federal Transit Administration funds under Capital Grant, Urbanized Area Formula <br />Grant, or Non -Urbanized Area Formula Grant Programs to have a drug and alcohol testing program in place for <br />all safety sensitive employees. <br />In addition, the U.S. Department of Transportation has issued 49 CFR Part 40. "Procedures for Transportation <br />Workplace Drug and Alcohol Testing Programs," which prescribes testing methods to be followed. <br />Certification must be signed by the subrecipient's governing board or other authorized individual or body in <br />compliance with the above. Failure to certify compliance with the drug and alcohol rules will result in <br />jeopardizing federal funding from FTA. In addition, an FTA grant recipient is subject to criminal sanctions and <br />fines for false statements or misrepresentation under Section 1001 of Title 18 of the U.S. Code. <br />Drug and Alcohol Regulations <br />NCDOT subrecipients of specific Federal Transit Administration (FTA) funding must establish and maintain a <br />Drug and Alcohol Testing Program in accordance with 49 CFR 055, and in consonance with 49 CFR Part 40. <br />To ensure compliance with FTA Drug and Alcohol Testing Program requirements public transportation <br />providers must: <br />• Establish an anti-drug use and alcohol misuse program as outlined in 49 CFR § 655.11-12; <br />• Establish an education and training program for all covered employees as outlined in 49 CFR 6 <br />655.14 <br />• Establish and provide written notice to every covered employee, of the employer's anti-drug and <br />alcohol misuse program policy, in accordance with 49 CFR § 655.15 -17; <br />• Establish a program that provides testing for prohibited drugs as outlined in 49 CFR § 655.21; <br />• Establish a program that provides testing for alcohol as outlined in 49 CFR § 655.31-35, and in <br />conjunction with 49 CFR Part 40; <br />• Comply with the testing requirements as detailed in 49 CFR § 655.41-62; <br />• Maintain in a secure location, with controlled access, all records of its ami -drug and alcohol misuse <br />program as detailed in 49 CFR § 655.71, and in accordance with records disclosure instructions <br />provided in 49 CFR § 655.73; and <br />• Annually prepare, maintain, and electronically complete and submit a Drug and Alcohol <br />Management Information System (DAMIS) Report reflecting the results of its anti-drug and alcohol <br />misuse testing programs performed for the previous calendar year. Transit agencies complete this <br />report electronically. The NCDOT/PTD will provide DAMIS Report preparation instructions, along <br />Page 3 of 5 <br />Attachment number 4 \n <br />F-5 Page 287 <br />