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Does the testing requirement apply to employees and independent drivers of contractors not otherwise providing public transportation?

Yes. The drug and alcohol regulation (49 CFR part 655) extends the controlled substance and alcohol testing requirement to employees of contractors performing a safety sensitive function. This includes the independent drivers of a ridesourcing company contracting with a public transportation agency. FTA has consistently interpreted the regulation (49 CFR part 655) to include contractors who do not directly engage in public transportation operations, including taxicab operators, if the taxicab exception does not apply. The exception states: In accordance with the current rule (49 CFR Part 655), "the drug and alcohol testing rules apply when the transit provider enters into a contract with one or more entitites to provide taxi service. The rules do not apply when then patron (using subsidized vouchers) selects the taxi company that provides the transit service….[This policy] recognizes the practical difficulty of administering a drug and alcohol testing program to entitites that only incidentally provide taxi service on behalf of a transportation service. 66 FR 41996, August 9, 2001."

Updated: Friday, June 9, 2017
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