Mr. Lloyd H. Shands, Jr.
Montgomery Transportation
Washington Metropolitan Area Transit Authority
5400 Marinelli Road
Rockville, Maryland 20852

Re: Random Testing Notification under 49 CFR Parts 653 and 654

Dear Mr. Shands:

Thank you for your letter asking whether the Federal Transit Administration's (FTA) drug and alcohol rules require or permit a "two-hour window" between the notification of the covered employee that he has been selected for random testing and the actual performance of the test.

There is no such "two-hour window" mentioned in the rules; the alcohol rule states that an employer shall require a covered employee to immediately proceed to the testing site after notification that he or she has been selected for random alcohol testing. 49 CFR 654.35(h). Logically, the same procedure applies in the case of random drug testing.

If you have any additional questions, please call Nancy Zaczek or Kristin O'Grady of this Office at (202) 366-4011. I apologize for the late response to your inquiry and any inconvenience this may have caused you.

Very truly yours,
(Signed)
Berle M. Schiller
Chief Counsel