PART 26—FITNESS FOR DUTY PROGRAMS

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Subpart A—Administrative Provisions

Sec.

26.1 Purpose.

26.3 Scope.

26.4 FFD program applicability to categories of individuals.

26.5 Definitions.

26.7 Interpretations.

26.8 Information collection requirements: OMB approval.

26.9 Specific exemptions.

26.11 Communications.

Subpart B—Program Elements

26.21 Fitness-for-duty program.

26.23 Performance objectives.

26.25 [Reserved]

26.27 Written policy and procedures.

26.29 Training.

26.31 Drug and alcohol testing.

26.33 Behavioral observation.

26.35 Employee assistance programs.

26.37 Protection of information.

26.39 Review process for fitness-for-duty policy violations.

26.41 Audits and corrective action.

Subpart C—Granting and Maintaining Authorization

26.51 Applicability.

26.53 General provisions.

26.55 Initial authorization.

26.57 Authorization update.

26.59 Authorization reinstatement.

26.61 Self-disclosure and employment history.

26.63 Suitable inquiry.

26.65 Pre-access drug and alcohol testing.

26.67 Random drug and alcohol testing of individuals who have applied for authorization.

26.69 Authorization with potentially disqualifying fitness-for-duty information.

26.71 Maintaining authorization.

Subpart D—Management Actions and Sanctions To Be Imposed

26.73 Applicability.

26.75 Sanctions.

26.77 Management actions regarding possible impairment.

Subpart E—Collecting Specimens for Testing

26.81 Purpose and applicability.

26.83 Specimens to be collected.

26.85 Collector qualifications and responsibilities.

26.87 Collection sites.

26.89 Preparing to collect specimens for testing.

26.91 Acceptable devices for conducting initial and confirmatory tests for alcohol and methods of use.

26.93 Preparing for alcohol testing.

26.95 Conducting an initial test for alcohol using a breath specimen.

26.97 Collecting oral fluid specimens for alcohol and drug testing.

26.99 Determining the need for a confirmatory test for alcohol.

26.101 Conducting a confirmatory test for alcohol.

26.103 Determining a confirmed positive test result for alcohol.

26.105 Preparing for the collection of a specimen for drug testing.

26.107 Collecting a urine specimen.

26.109 Urine specimen quantity.

26.111 Checking the acceptability of the urine specimen.

26.113 Splitting the urine specimen.

26.115 Collecting a urine specimen under direct observation.

26.117 Preparing drug testing specimens for storage and shipping.

26.119 Determining "shy" bladder.

Subpart F—Licensee Testing Facilities

26.121 Purpose.

26.123 Testing facility capabilities.

26.125 Licensee testing facility personnel.

26.127 Procedures.

26.129 Assuring specimen security, chain of custody, and preservation.

26.131 Cutoff levels for validity screening and initial validity tests.

26.133 Cutoff levels for drugs and drug metabolites.

26.135 Split specimens.

26.137 Quality assurance and quality control.

26.139 Reporting initial validity and drug test results.

Subpart G—Laboratories Certified by the Department of Health and Human Services

26.151 Purpose.

26.153 Using certified laboratories for testing specimens.

26.155 [Reserved].

26.157 Procedures.

26.159 Assuring specimen security, chain of custody, and preservation.

26.161 Cutoff levels for validity testing.

26.163 Cutoff levels for drugs and drug metabolites.

26.165 Testing split specimens and retesting single specimens.

26.167 Quality assurance and quality control.

26.168 Blind performance testing.

26.169 Reporting results.

Subpart H—Determining Fitness-for-Duty Policy Violations and Determining Fitness

26.181 Purpose.

26.183 Medical review officer.

26.185 Determining a fitness-for-duty policy violation.

26.187 Substance abuse expert.

26.189 Determination of fitness.

Subpart I—Managing Fatigue.

26.201 Applicability.

26.203 General provisions.

26.205 Work hours.

26.207 Waivers and exceptions.

26.209 Self-declarations.

26.211 Fatigue assessments.

Subpart J [Reserved]

Subpart K—FFD Programs for Construction

26.401 General.

26.403 Written policy and procedures.

26.405 Drug and alcohol testing.

26.406 Fitness monitoring.

26.407 Behavioral observation.

26.409 Sanctions.

26.411 Protection of information.

26.413 Review process.

26.415 Audits.

26.417 Recordkeeping and reporting.

26.419 Suitability and fitness evaluations.

Subpart L [Reserved]

Subpart M [Reserved]

Subpart N—Recordkeeping and Reporting Requirements

26.709 Applicability.

26.711 General provisions.

26.713 Recordkeeping requirements for licensees and other entities.

26.715 Recordkeeping requirements for collection sites, licensee testing facilities, and laboratories certified by the Department of Health and Human Services.

26.717 Fitness-for-duty program performance data.

26.719 Reporting requirements.

Subpart O—Inspections, Violations, and Penalties

26.821 Inspections.

26.823 Violations.

26.825 Criminal penalties.

Authority: Atomic Energy Act of 1954, secs. 53, 103, 104, 107, 161, 223, 234, 1701 (42 U.S.C. 2073, 2133, 2134, 2137, 2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

Source: 54 FR 24494, June 7, 1989, unless otherwise noted.

[73 FR 17176, Mar. 31, 2008; 77 FR 39905, Jul. 6, 2012; 80 FR 54233, Sep. 9, 2015]