Mr. David L. Gomez
Suburban Mobility Authority for Regional Transportation
2021 Barrett Street
Troy, Michigan 48084

RE: Definition of safety-sensitive under 49 CFR Parts 653 and 654.

Dear Mr. Gomez:

Thank you for your letter asking about the application of the Federal Transit Administration's (FTA) drug and alcohol testing regulations (59 FR 7531 (1994) (to be codified at 49 CFR Parts 653 and 654)) to certain kinds of employees. You ask for FTA's assistance in determining whether suppliers and stockroom personnel perform a "safety-sensitive function" under these rules. You have attached a copy of the job description for this particular position, which describes in detail the work performed by someone holding this position. According to the "duties statement" a stock person "[u]nder supervision, ... perform[s] routine work in receiving, storing and/or issuing materials and supplies in a storeroom or warehouse; and to perform related work as required."

Sections 653.7 and 654.7 define a covered employee as one "who performs a safety-sensitive function for an entity subject to this part." A "safety-sensitive function" is defined as operating, maintaining, or controlling the movement of a revenue service vehicle, operating a non-revenue service vehicle that is required to be operated by a commercial drivers license holder (CDL), maintaining equipment used in revenue service, or carrying a firearm for security purposes. 49 CFR 653.7 and 654.7. In the preamble to the rule, we stated that "[b]ecause each recipient uses its own terminology ... [e]ach employer must decide for itself whether a particular employee performs any of the functions listed in this definition." 59 FR 7544 and 7584. From the job description you have attached, it is clear that a stock person does not perform any of the functions listed above. We note, however, that a determination of whether a particular employee is covered is based on his or her actual job duties. Therefore, if in addition to the functions noted in the job description, the employee actually performs one of the functions enumerated in the definition of "safety-sensitive function" then he or she is safety-sensitive and must be tested. If the job description accurately reflects the duties of a stock person, then the employee is not safety-sensitive.

If you have any other questions or need additional assistance, please call Nancy Zaczek of this Office at (202) 366-4011.

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