Ms. Sharon G. Sanders
Deputy County Counsel
County of Los Angeles
648 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012

Dear Ms. Sanders:

Thank you for your letter asking about the applicability of the Federal Transit Administration's (FTA) drug and alcohol testing regulations. You ask if the regulations cover city police and county sheriff's departments that provide police services on the Los Angeles County Metropolitan Transportation Authority (LACMTA) transit system. You note that the officers patrolling the transit system respond to non-transit related calls as well.

FTA's drug and alcohol rules require "employers" to test "covered employees" for the use of five prohibited drugs and the misuse of alcohol. A "covered employee" is one "who performs a safety-sensitive function for an entity subject to this part." 49 CFR 653.7 and 654.7. A "safety-sensitive function" means, among other things, "carrying a firearm for security purposes." 49 CFR 653.7 and 654.7.

In our view, the intent of the rules is to cover those armed security personnel who provide security specifically for a transit operator either directly, by contract, or some other arrangement, and who report to or are supervised by that operator. For example, police officers who as part of their normal duties patrol public transit facilities would not be subject to the rule. Also, in your case, the salaries of the police officers patrolling the transit agency are to be paid by either the Los Angeles Police Department (LAPD) or the Los Angeles County Sheriff's Department (LASD). Finally, the officers will be under the supervision of either the LAPD or the LASD. We conclude that because such police officers are neither paid nor supervised by LACMTA, and will not work exclusively for LACMTA, they will not be subject to FTA's drug and alcohol rules.

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

Sincerely yours,
(Signed)
Patrick W. Reilly
Chief Counsel