Mr. John Goldstein
President, Amalgamated Transit Union, Local 998
734 North 26th Street
Milwaukee, Wisconsin 53233

RE: Testing of safety-sensitive employees under 49 CFR Parts 653 and 654

Dear Mr. Goldstein:

Thank you for your September 3, 1996, letter asking about the application of the Federal Transit Administration's (FTA) drug and alcohol testing regulations to safety sensitive employees. You note that your members who perform "rebuilding and overhauling" work are subject to Federal drug and alcohol testing regulations, while employees who perform the same work for a contractor are not subject to them.

The FTA drug and alcohol testing regulations apply to those safety-sensitive employees, whether working directly for the employer or for a contractor, who perform routine, day-to-day maintenance work; employees performing less routine maintenance activities such as warranty, overhaul, or rehabilitation are not similarly subject to testing. Accordingly, employees who perform less routine maintenance activities such as overhauling and rebuilding engines should not be subject to drug and alcohol testing, regardless of whether they are direct employees or employed by a subcontractor.

Please contact Michael Connelly of my staff at (202) 366-0956, if you would like to discuss this matter further.

Very truly yours,
(Signed)
Patrick W. Reilly
Chief Counsel