Mr. Dwight D. Newell
Ohio Health Consortium, Inc.
620 Country Club Drive
Newark, Ohio 43055

Dear Mr. Newell:

Thank you for your letter in which you seek clarification of the Federal Transit Administration’s (FTA) drug and alcohol testing regulations, 49 CFR Parts 653 and 654. You note that the owner of Yellow Cab of Newark, Ohio, which company participates in the FTA-funded user-side subsidized taxi token program, recently started a new company, Williams Transportation, LLC, when he was awarded a contract to manage and operate lift van service funded with Federal grant money. Yellow Cab and Williams Transportation both receive funds under the user-side taxi token program funded in part by the FTA, have the same owner, and share the same location and safety-sensitive staff.

You ask:

Are current Yellow Cab staff required to submit to a pre-employment drug test for Williams Transportation, LLC?

Yes; since each is an independent entity, each must separately comply with the provisions of the rules.

Are individuals seeking a safety-sensitive position required to submit to two separate pre-employment drug tests?

In a case such as yours, where an individual will perform safety-sensitive functions for two separate companies, the individual must submit to one pre-employment drug test, provided that the results of that test are sent to both companies. This conserves the resources of the employer while maintaining the integrity of the drug testing process.

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