Mr. Thomas J. Cassano
Director, Subcontracting Disputes
Transport Workers Union, Local 100
80 West End Avenue
New York, New York 10023

Dear Mr. Cassano:

Thank you for your June 25, 1998, letter in which you seek clarification of the Federal Transit Administration's (FTA) drug and alcohol testing regulations. Specifically, you ask if the employee of a contractor should be classified as "safety-sensitive" because he operates equipment that replaced employees who were themselves classified as safety-sensitive.

While the FTA asks its grantees to determine whether a particular employee (including a contractor’s employees) actually performs a safety-sensitive function (59 Fed. Reg. 7544 and 7584), we can conclude, given the facts you present, that the contractor’s employee would be covered because he or she performs work which FTA considers safety-sensitive.

The grantee, as the entity that must comply with the FTA’s drug and alcohol testing rules, is responsible for ensuring that all safety-sensitive employees are tested.

If you have additional questions, please contact Michael Connelly of my staff at (202) 366-4011.Very truly yours, (Signed)

Patrick W. Reilly
Chief Counsel