Mr. Gordon Ziebart
3988 S. Camrose Avenue
New Berlin, Wisconsin 53151

Dear Mr. Ziebart:

Thank you for your September 1, 1997, e-mail correspondence regarding classification of certain workers as safety sensitive. You ask if certain mechanics who "work on" buses should be declared safety-sensitive. You indicate that these mechanics are not employees of the transit system, and are not being subjected to drug testing in the same manner as the transit system's own employees.

As a preliminary matter, please note that in the preamble to the Federal Transit Administration's (FTA) drug and alcohol regulations, we stated that "[b]ecause each recipient uses its own terminology, we have decided to define safety-sensitive based on the function performed instead of listing specific job categories. Each employer must decide for itself whether a particular employee performs [a safety-sensitive function]." 59 FR 7584 (Emphasis added). FTA therefore does not determine whether a particular job is safety-sensitive.

The rules list five functional categories of safety-sensitive duties, including "[m]aintaining a revenue service vehicle or equipment used in revenue service, . . . ." 49 CFR 653.7. Therefore, generally, employees who maintain a revenue service vehicle are subject to the rules. The FTA has made a limited exception for those who perform less routine repair maintenance such as engine, parts, and vehicle rebuilding and overhaul. Those who perform on-going, routine maintenance, however, remain subject to the rules. Please note also that warranty work performed by employees of the bus manufacturer is not considered a safety-sensitive function; such employees are not covered by the FTA's rules.

If an employee, whether working directly for a transit system or for a contractor, performs what the transit system has determined to be a safety-sensitive function, then that employee is subject to the FTA's drug and alcohol testing regulations.

If you have further questions regarding this matter, please contact Michael Connelly of my staff at (202) 366-4011.Very truly yours, (Signed)

Patrick W. Reilly
Chief Counsel