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73 Appendix C: Transit Agency Questionnaire The questionnaire was sent to 22 transit agencies nationwide, of which 17 either responded to the questionnaire or provided substantive feedback concerning physical abilities testing. * Responded to questionnaire +Provided additional substantive feedback New York City Transit Authority* Los Angeles County Metropolitan Transportation Authority* Chicago Transit Authority* Southeastern Pennsylvania Transportation Authority* San Francisco Municipal Transportation Agency New Jersey Transit Corporation Washington Metropolitan Area Transit Authority King County DOT, Metro Transit Division (Seattle)+ Metropolitan Transit Authority of Harris County (Houston)* Maryland Transit Administration Miami-Dade Transit Denver Regional Transportation District*+ Metropolitan Atlanta Rapid Transit Authority Tri-Met (Portland)*+ Oahu Transit Services* Orange County Transportation Authority* Alameda-Contra Costa Transit District* Metro Transit (Minneapolis)*+ Port Authority of Allegheny County (Pittsburgh)* Dallas Area Rapid Transit* Massachusetts Bay Transportation Authority*

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74 Questionnaire for Transit Authorities The Transportation Research Board, through its Transit Cooperative Research Program (TCRP), has authorized a project to develop legal guidance for transit agencies in determining whether and how to conduct testing of various physical abilities of transit personnel such as rail/bus operators and mechanics. The purpose of this questionnaire is to gather your agency's input to assist in de- veloping that resource. We recognize that the questionnaire is comprehensive: if a com- plete response is not feasible even a partial response would be appreciated. If there are portions of the questionnaire that should be directed to another office within the agency, please forward the questionnaire or contact us so that we can do so. We are trying to determine to what extent your agency requires job applicants and/or current personnel to participate in tests that measure physical abilities such as vision, hearing, strength, and agility. To the extent that you do conduct such testing, we are very interested in knowing the basis for each test: federal requirements, state requirements, local requirements, and/or transit agency personnel policy. We are interested in requirements that apply to a broad pool of appli- cants/personnel, including transit applicants/personnel, as well as any such requirements that ap- ply narrowly to public transportation, and would like to include references to any such require- ments in the project report. Your assistance in providing state and local references would be invaluable. [Respondent contact information] Please contact Jocelyn Waite if you have policies governing physical ability testing that you are willing to share: 1) for research purposes for this report, 2) to include as part of an appendix of sam- ple policies. In responding, please identify any information that you deem confidential. Such information will only be used to compile summaries or in other ways that does not reveal any confidential informa- tion. Thank you for your assistance in collecting information about physical ability testing and the reasons that such testing is conducted.

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75 I. Pre-employment Tests and Standards. A. In general: Transit agencies may require that job applicants undergo physical exams and other tests pending a final job offer. Please indicate whether your agency requires that applicants for the positions iden- tified below undergo pre-employment physical exams; who pays for any required exams; whether your agency sets minimum physical qualifications for the positions identified below; and whether testing is contracted out. If contractors are involved please specify whether they develop the tests and/or administer them. Procedure/ Exam No Who Minimum Minimum Testing No such Standard re- exam Pays physical physical con- proce- quired re- for qualifica- qualifica- tracted dure/ quired Ex- tions im- tions not out standard am posed imposed Physical exam for rail/bus op- erators Physical exam for mechanics Physical exam for other opera- tional employ- ees Minimum physical quali- fications for rail/bus opera- tors Minimum physical quali- fications for mechanics Minimum physical quali- fications for other opera- tional employ- ees If you require physical exams or set minimum physical qualifications for bus operators, do you differentiate based on GVW of the vehicles the drivers will be responsible for driving? If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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76 I. Pre-employment Tests and Standards. B. Specific pre-employment tests and stan- dards: There are a number of specific physical abilities for which job applicants can be tested. If your agency requires a physical ability test not specified below, please indicate under other. To the extent possible, please indicate standard required under test. For example, a vision test could require 20/40 corrected vision. Type of test Required Re- Required for other Testing Who Not for quired operational person- con- pays re- rail/bus for me- nel (specify person- tracted for quired operators chanics nel subject to test- out exam ing) Vision Hearing Strength Agility Sit-and- reach Grasping ability Manual dex- terity Lifestyle: nicotine, obe- sity, etc. (specify) Other II. Source of requirements for conducting pre-employment tests. A. In general: There are a range of possible requirements for conducting pre-employment physical exams and other tests. Please indicate the reason that you require that any of the procedures/standards listed below be conducted or met. Select all that apply; identify any specific information, for example the law or regulation that imposes the requirement or the agency that administers the law/regulation; indicate if state or local law imposes more stringent requirements than federal law. If available, provide citations/electronic sourcing. Procedure/ Stan- Required Required by Required by Required by No dard by federal state law local law transit such law (spec- (specify law) (specify agency per- proce- ify law) law) sonnel pol- dure/ icy standard Physical exam for rail/bus operators Physical exam for me- chanics Physical exam for other operational em- ployees Minimum physical qualifications for rail/bus operators Minimum physical qualifications for me- chanics Minimum physical qualifications for other operational em- ployees

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77 If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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78 II. Source of requirements for conducting pre-employment tests. B. Specific pre- employment tests and standards for rail/bus operators: There is a range of possible requirements for requiring applicants for positions as rail and bus op- erators to undergo specific pre-employment tests. Please indicate the reason that you require testing for any of the physical abilities listed below. Select all that apply; identify any specific information, for example the law or regulation that imposes the requirement or the agency that administers the law/regulation; indicate if state or local law imposes more stringent requirements than federal law. If available, please provide citations/electronic sourcing. Rail/bus op- Required by Required by Required Required by No such pro- erators federal law state law by local law transit cedure/ stan- (specify law) (specify law) (specify agency per- dard law) sonnel policy Vision Hearing Strength Agility Sit-and-reach Grasping abil- ity Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories: II. Source of requirements for conducting pre-employment tests. C. Specific pre- employment tests and standards for mechanics: There is a range of possible requirements for requiring applicants for positions as mechanics to undergo specific pre-employment tests. Please indicate the reason that you require testing for any of the physical abilities listed below. Select all that apply; identify any specific information, for exam- ple the law or regulation that imposes the requirement or the agency that administers the law/regulation; indicate if state or local law imposes more stringent requirements than federal law. If available, please provide citations/electronic sourcing. Mechanics Required by Required by Required Required by No such pro- federal law state law by local law transit cedure/ stan- (specify law) (specify law) (specify agency per- dard law) sonnel policy Vision Hearing Strength Agility Sit-and-reach Grasping abil- ity Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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79 III. Source of limitations on conducting pre-employment tests. A. In general: Governmental agencies at all levels of government may place limitations on conducting pre-employment physical exams and other tests. Please indicate whether deferral, state, or local law places limitations on the scope of any of the procedures/standards listed below. Select all that apply; identify any specific information, for example the law or regulation that imposes the restriction or the agency that administers the law/regulation; indicate if state or local law imposes greater limitations than federal law. If available, please provide citations/electronic sourcing. Procedure/ Limited by Limited by state Limited by lo- Limited by No such Standard federal law law (specify law) cal law (spec- transit proce- (specify law) ify law) agency per- dure/ sonnel pol- standard icy Physical exam for rail/bus op- erators Physical exam for me- chanics Physical exam for other opera- tional em- ployees Minimum physical qualifications for rail/bus operators Minimum physical qualifications for mechanics Minimum physical qualifications for other op- erational em- ployees If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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80 III. Source of limitations on conducting pre-employment tests. B. Specific pre- employment tests and standards for rail/bus operators: Governmental agencies at all levels of government may place limitations on conducting pre- employment tests of specific physical abilities. Please indicate whether deferral, state, or local law places limitations on the scope of any of the procedures/standards listed below. Select all that apply; identify any specific information, for example the law or regulation that imposes the restriction or the agency that administers the law/regulation; indicate if state or local law imposes greater limita- tions than federal law. If available, please provide citations/electronic sourcing. Rail/bus op- Limited by Limited by state Limited by Limited by No such erators federal law law (specify local law transit proce- (specify law) law) (specify law) agency per- dure/ sonnel pol- standard icy Vision Hearing Strength Agility Sit-and-reach Grasping abil- ity Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories: III. Source of limitations on conducting pre-employment tests. C. Specific pre- employment tests and standards for mechanics: Governmental agencies at all levels of government may place limitations on conducting pre- employment tests of specific physical abilities. Please indicate whether federal, state, or local law places limitations on the scope of any of the procedures/standards listed below. Select all that apply; identify any specific information, for example the law or regulation that imposes the restriction or the agency that administers the law/regulation; indicate if state or local law imposes greater limita- tions than federal law. If available, please provide citations/electronic sourcing. Mechanics Limited by Limited by Limited by Limited by No such federal law state law local law transit procedure/ (specify law) (specify law) (specify law) agency per- standard sonnel policy Vision Hearing Strength Agility Sit-and-reach Grasping abil- ity Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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81 IV. Tests and standards for current employees. A. In general: Please indicate whether your agency requires that employees in the positions identified below un- dergo physical exams and/or tests and if so for what reason (annual; periodic; post-accident; post- illness); who pays for any required exams/tests; and whether your agency sets minimum physical qualifications for the positions identified below. Procedure/ Stan- Exam No Who Minimum Minimum No such dard re- exam pays physical physical proce- quired re- for qualifications qualifications dure/ quired exam imposed not imposed standard Physical exam for rail/bus operators Physical exam for mechanics Physical exam for other operational employees Minimum physical qualifications for rail/bus operators Minimum physical qualifications for mechanics Minimum physical qualifications for other operational employees If you require physical exams or set minimum physical qualifications for bus operators, do you differentiate based on GVW of the vehicles the drivers will be responsible for driving? If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories: Do you have a system for capturing information about non-work-related incidents that may affect on-the-job performance? If so, please describe.

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82 IV. Tests and standards for current employees. B. Specific employee tests and stan- dards: Please indicate whether your agency requires that operational employees undergo tests for any of the physical abilities listed below and if so when such tests are required (annual; periodic; post- accident; post-illness). If your agency requires a physical ability test not specified below, please indi- cate under other. To the extent possible, please indicate the standard required under test. For ex- ample, a vision test could require 20/40 corrected vision. Type of test Required for Required for Required for other opera- Not re- rail/bus op- mechanics tional personnel (specify quired erators personnel subject to test- ing) Vision Hearing Strength Agility Sit-and-reach Grasping abil- ity Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other V. Source of requirements for conducting employee tests. A. In general: Please indicate the reason that you require that any of the procedures/standards listed below be conducted or met and if required, when such tests are required (annual; periodic; post-accident; post- illness). Please select all that apply; please indicate any specific information that applies, for exam- ple the law or regulation that imposes the requirement or the agency that administers the law/regulation. If available, please provide citations/electronic sourcing. Procedure/ Required by Required Required by Required by No such Standard federal law by state local law transit agency procedure/ (specify law (spec- (specify personnel pol- standard law) ify law) law) icy Physical exam for rail/bus operators Physical exam for mechanics Physical exam for other operational employees Minimum physi- cal qualifications for rail/bus op- erators Minimum physi- cal qualifications for mechanics Minimum physi- cal qualifications for other opera- tional employees If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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83 Do you require fitness for duty exams after any incident that results in an OSHA 301 Incident Report (or analogous state requirement)? V. Source of requirements for conducting employee tests. B. Specific tests and stan- dards for rail/bus operators. Please indicate the reason that you require testing for any of the physical abilities listed below, and if required, when such tests are required (annual; periodic; post-accident; post-illness). Select all that apply; identify any specific information, for example the law or regulation that imposes the requirement or the agency that administers the law/regulation; indicate if state or local law imposes more stringent requirements than federal law. If available, please provide citations/electronic sourc- ing. Rail/bus op- Required Required Required by Required by No such erators by federal by state local law transit agency procedure/ law (spec- law (spec- (specify law) personnel pol- standard ify law) ify law) icy Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories: V. Source of requirements for conducting employee tests. C. Specific tests and stan- dards for mechanics. Please indicate the reason that you require testing for any of the physical abilities listed below, and if required, when such tests are required (annual; periodic; post-accident; post-illness). Select all that apply; identify any specific information, for example the law or regulation that imposes the requirement or the agency that administers the law/regulation; indicate if state or local law imposes more stringent requirements than federal law. If available, please provide citations/electronic sourc- ing. Rail/bus op- Required Required Required by Required by No such erators by federal by state local law transit agency procedure/ law (spec- law (spec- (specify law) personnel pol- standard ify law) ify law) icy Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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84 VI. Source of limitations on conducting employee tests. A. In general. Please indicate whether federal, state, or local law places limitations on the scope of any of the procedures/standards listed below, and if so specify the timing of tests so limited (annual; periodic; post-accident; post-illness). Select all that apply; identify any specific information, for example the law or regulation that imposes the restriction or the agency that administers the law/regulation; indicate if state or local law imposes greater limitations than federal law. If available, please provide citations/electronic sourcing. Procedure/ Limited by Limited by Limited by Limited by No such Standard federal law state law local law transit agency procedure/ (specify (specify (specify personnel pol- standard law) law) law) icy Physical exam for rail/bus op- erators Physical exam for mechanics Physical exam for other opera- tional employ- ees Minimum physical qualifi- cations for rail/bus opera- tors Minimum physical qualifi- cations for me- chanics Minimum physical qualifi- cations for other operational em- ployees If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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85 VI. Source of limitations on conducting employee tests. B. Specific tests and standards for rail/bus operators. Please indicate whether federal, state, or local law places limitations on the scope of any of the tests listed below, and if so specify the timing of tests so limited (annual; periodic; post-accident; post-illness). Select all that apply; identify any specific information, for example the law or regula- tion that imposes the restriction or the agency that administers the law/regulation; indicate if state or local law imposes greater limitations than federal law. If available, please provide cita- tions/electronic sourcing. Rail/bus op- Limited by Limited by state Limited by Limited by No such erators federal law law (specify local law transit proce- (specify law) law) (specify law) agency per- dure/ sonnel pol- standard icy Vision Hearing Strength Agility Sit-and-reach Grasping abil- ity Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories: VI. Source of limitations on conducting employee tests. C. Specific tests and standards for mechanics. Please indicate whether federal, state, or local law places limitations on the scope of any of the tests listed below, and if so specify the timing of tests so limited (annual; periodic; post-accident; post-illness). Select all that apply; identify any specific information, for example the law or regula- tion that imposes the restriction or the agency that administers the law/regulation; indicate if state or local law imposes greater limitations than federal law. If available, please provide cita- tions/electronic sourcing. Mechanics Limited by Limited by Limited by Limited by No such federal law state law local law transit procedure/ (specify law) (specify law) (specify agency per- standard law) sonnel policy Vision Hearing Strength Agility Sit-and-reach Grasping abil- ity Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require physical exams or set minimum physical qualifications for other operational em- ployees, please specify the covered employee categories:

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86 VII. Respirator testing 1. Do you require that the OSHA respirator standard be met by medical questionnaires or exams? 2. If exams, do you employ qualitative or quantitative exams? Do you employ spirome- try exams? VII. School bus; drug and alcohol; sick leave; lifestyle 3. Some states impose periodic physical testing procedures for school bus drivers, for example alcohol testing or annual physical exams. Does your state impose any such school transpor- tation requirements? If so, are such requirements applicable to any of your employees, no- tably those drivers providing tripper service? Please specify which requirements ap- ply to your employees. 4. Do you impose stricter standards for drug and alcohol use than those required under federal regulations? If so, please describe. 5. Do you require return-to-work agreements after an employee has tested positive for alcohol or a controlled substance? 6. Do you require employees to undergo physical exams following an accident? If so, do the ex- ams include tests for any specific physical abilities, such as those noted above? If so, which abilities are tested? Do you require potential employees to pay for such exams? 7. Do you require employees to undergo physical exams when they return from sick leave for reasons other than accidents? If so, do the exams include tests for any specific physical abilities, such as those noted above? If so, which abilities are tested? Do you require poten- tial employees to pay for such exams? 8. Do you require employees returning from sick leave to disclose conditions that if present would disqualify them from their current jobs? 9. Do you prohibit job applicants from smoking? Do you prohibit current employees from smoking? VIII. Program effectiveness 1. If you have instituted any of the testing set forth in preceding sections, please indicate whether such testing has helped, hindered, or had no effect on hiring a skilled work- force. Also please indicate whether any of the testing has resulted in legal challenge, and if so, describe the results. 2. Please describe your rate of success in obtaining the cooperation of job applicants and current employees in conducting various types of testing.