Application of Physical Ability Testing to Current Workforce of Transit Employees (2010) / Chapter Skim
Currently Skimming:
Pages 9-17
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 9... ...
2005) (sanitation driver dismissed due to congenital night blindness was disabled and could have performed with reasonable accommodation)
|
From page 10... ...
implements this legislation through the department's regulation on Procedures for Transportation Workplace Drug and Alcohol Testing Programs.51 Both FMCSA and FTA apply those procedural requirements through their drug and alcohol testing regulations.52 Federal Railroad Administration (FRA) requirements, which predate the Omnibus Testing Act, apply to commuter rail employees.53 Section 5331 of U.S.C.
|
From page 11... ...
pt. 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 73 Fed.
|
From page 12... ...
As discussed below, such decisions must be consistent with state law and collective bargaining agreements. The regulation defines "safety sensitive" according to duties, rather than positions.
|
From page 13... ...
A number of state and local governments have mandatory requirements that must be followed in conducting drug testing.80 FMCSA and FTA testing requirements preempt state and local requirements if it is not possible to comply with both the federal and state/local requirements or if the state or local requirements pose an obstacle to executing the federal requirement.81 FRA testing requirements preempt state and local requirements "covering the same subject matter" as the FRA regulation, except for a state or local law "directed at a local hazard that is consistent with [Part 219] and that does not impose an undue burden on interstate commerce."82 State law may also specify the notice that must be provided to employees on test results and restrict the disciplinary action that a transit agency may take if an employee tests positive.83 Failure to comply may result in damages and/or injunctive relief.84 6.
|
From page 14... ...
The 2005 transit reauthorization legislation contained a provision prohibiting both applying higher physical standards for insulin-treated people than other applicants, except as medically necessary under FMCSA regulations, and requiring insulin-treated applicants for an exemption to have experience operating CMVs while using insulin, although such applicants must demonstrate stable control of their diabetes before operating a CMV in interstate commerce.95 The Government Accountability Office recently critiqued the medical certification process, finding some evidence of fraud or medical examiners not familiar with medical fitness requirements.96 The FMCSRs do not require an examination when a driver returns from injury or illness unless the injury or illness has impaired the driver's ability to perform his or her normal duties, although the motor carrier may require a driver returning from any illness or injury to take a physical examination. But, in either case, the motor carrier has the obligation to determine if an injury or illness renders the driver medically unqualified.97 This obligation can be fulfilled while still meeting requirements of the ADA, infra.
|
From page 15... ...
Judicial Review of Requirements Where an employer requires that employees meet requirements in excess of CDL requirements, applicants or employees who cannot meet the more stringent requirements may challenge such employment practices as violative of the ADA or state nondiscrimination statutes.106 Only two cases challenging the federal CDL requirements have reached the Supreme Court: Albertsons, Inc.
|
From page 16... ...
130 E.g., Chicago Transit Authority Medical Testing Requirement Sheet, provided in response to Physical Ability Questionnaire.
|
From page 17... ...
D School Bus Drivers States generally require additional school bus endorsements, but not necessarily anything that requires physical ability tests in addition to the required CDL physical exam.137 States may have quite specific physi 131 29 C.F.R.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.