Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (05/20/1991)

Omnibus Transportation Employee Testing Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring domestic and foreign air carriers to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program.

Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) engaged in such use while on duty; (2) prior to such use had undertaken or completed a rehabilitation program; (3) refuse to undertake such rehabilitation program; or (4) fail such rehabilitation program.

Requires domestic and foreign air carriers to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems.

Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for safety-sensitive functions and who need assistance in resolving substance abuse problems. Outlines the requirements of such program.

Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to issue regulations that establish a program which requires railroads to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of railroad employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Outlines the requirements for such testing program.

Requires each railroad to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems.

Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for use of alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving loss of human life, serious bodily injury, or significant property damage.

Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and treatment of commercial motor vehicle operators who are determined to have used alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substances without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results.

Authorizes appropriations for FY 1992 for such pilot testing program.

Directs the Secretary to issue regulations that establish a program which requires mass transportation operations which receive mass transportation assistance under the Urban Mass Transportation Act of 1964 to conduct preemployment, reasonable suspicion, random, periodic recurring, and post-accident testing of mass transportation employees responsible for safety-sensitive functions for use of alcohol or a controlled substance.

Requires the Secretary to issue regulations setting forth requirements for rehabilitation programs which provide for the identification and treatment of mass transportation employees who are determined to have used alcohol or a controlled substance. Outlines the requirements for such program.

Requires the disqualification for a period of time or dismissal of mass transportation employees who have been determined to have used alcohol while on duty or a controlled substance, whether on duty or not on duty.

Prohibits a person from receiving mass transportation assistance if such person is required to establish an alcohol and controlled substances testing program and fails to establish such a program.