Mr. Larry P. Wills
Director of Operations
Ohio Health Consortium, Inc.
620 Country Club Drive
Newark, Ohio 43055

Dear Mr. Wills:

Thank you for your letter of October 27, 1997, in which you seek clarification regarding pre-employment and random drug testing. You note that the owners of Gray-Top Limo recently became 88% owners of People's Choice Taxi Service and that both companies receive funds under the user-side taxi token program funded by the Federal Transit Administration (FTA); the owners of the two companies perform safety-sensitive functions for both companies. You ask several related questions:

1. "Do the owners need to have pre-employment drug testing for both companies?" Yes; the pre-employment test results for Gray-Top Limo cannot simply be applied to the pre-employment testing required by People's Choice Taxi Service. A separate pre-employment test is required, because it (People's Choice) is a separate company, and the owners are on both companies' payrolls.

2. "Do the owners need to be in the pool TWICE? (there is only on[e] selection pool)." No; for purposes of random testing selection, Ohio Health Consortium, in its capacity as manager of the drug testing pool and random selection process, acts in lieu of the employer. As long as both companies' employees remain in one pool, those employees' names are only included once in the pool.

You note that the owners may use drivers interchangeably between the two companies. You ask:

3. "Do the drivers need to have a pre-employment drug screening for both companies?" Yes, for the reason noted in Answer 1 above.

4. "Do the drivers need to be in the pool TWICE?" No, for the reason noted in Answer 2 above.

These responses are consistent with the FTA's mission of promoting a safe transit environment, while keeping the burden on transit providers to a minimum.

If you have further questions, please contact Michael Connelly of my staff at (202) 366-4011.

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