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87 Appendix D: State Agency Questionnaire The questionnaire was sent to state agencies responsible for commercial driver's licensing and enforce- ment of nondiscrimination requirements. Responsible agencies vary by state; examples include departments of motor vehicles, departments of public safety, secretaries of state, civil rights commissions, and depart- ments of labor. Questionnaire responses (or other substantive feedback) were received from the following state agencies: Alabama Department of Public Safety Colorado Department of Regulatory Agencies, Civil Rights Division Idaho Department of Transportation Indiana Motor Carrier Services, Department of Revenue; Civil Rights Commission Iowa Departments of Transportation and Education Louisiana Department of Public Safety Maryland Motor Vehicle Administration Michigan Department of Education Minnesota Department of Public Safety, Driver and Vehicle Services Nevada Equal Rights Commission New Jersey Motor Vehicle Commission North Dakota Commissioner of Labor Rhode Island Commission for Human Rights Texas Department of Transportation, Public Transportation Division West Virginia Department of Transportation, Division of Motor Vehicles and Division of Public Transit; Department of Education Questionnaire for State Agencies The Transportation Research Board, through its Transit Cooperative Research Program (TCRP), has au- thorized 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 pur- pose of this questionnaire is to gather your department's input to assist in developing that resource. We recognize that the questionnaire is comprehensive: if a complete response is not feasible, even a partial response would be appreciated. If there are portions of the questionnaire that should be directed to another state department, please forward the questionnaire or contact us so that we can do so. We are trying to determine to what extent your state: 1) requires job applicants and/or current personnel to participate in tests that measure physical abilities such as vision, hearing, strength, and agility, for ex- ample as part of your commercial drivers license requirements; 2) limits subjecting job applicants and/or current personnel to tests that measure physical abilities such as vision, hearing, strength, and agility, for example under state equal opportunity laws; 3) regulates employers' ability to making hiring and retention decisions based on employees' lifestyle choices, to the extent that such choices can be measured by physical exams, such as nicotine testing. We are interested in state requirements that apply to a broad pool of appli- cants/personnel, including transit applicants/personnel, as well as any such requirements that apply nar- rowly to public transportation, and would like to include references to any such state requirements in the project report. If you are aware of local ordinances that either require or limit physical ability testing, such information would also be appreciated. Your assistance in providing state and local references would be in- valuable. [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 sample 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 information. Thank you for your assistance in collecting information about physical ability testing and the reasons that such testing is conducted.

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88 I. Pre-employment tests: requirements and limitations. A. In general: Some states require pre-employment physical exams and other tests for transit employees. Some states also limit the scope of pre-employment physical exams and other tests for transit employees. Please indicate whether your state either requires or limits any of the procedures/standards listed below. Select all that ap- ply; 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 if known, local) law imposes more stringent requirements or limitations than federal law. If available, provide citations/electronic sourcing. Procedure/ Required Limited by Required Limited No such re- Standard by state law state law (spec- by local law by local law quirement or (specify ify law) (specify (specify limitation law) law) law) 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 other operational employees, please specify the covered employee categories:

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89 I. Pre-employment tests: requirements and limitations. B. Specific pre-employment tests and standards for rail/bus operators: Some states require specific physical ability tests for rail/bus operator job applicants. Some states also limit the scope of specific physical ability tests for such applicants. Please indicate whether your state either re- quires or limits any of the tests listed below. Select all that apply; identify any specific information, for ex- ample the law or regulation that imposes the requirement or the agency that administers the law/regulation; indicate if state (or if known, local) law imposes more stringent requirements or limitations than federal law. If available, provide citations/electronic sourcing. Rail/bus op- Required by Limited by Required by Limited No such erators state law state law (spec- local law by local law requirement (specify law) ify law) (specify law) (specify or limitation law) Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexterity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require testing for a physical ability not specified above, please describe the physical ability tested: I. Pre-employment tests: requirements and limitations. C. Specific pre-employment tests and standards for mechanics: Some states require specific physical ability tests for mechanic job applicants. Some states also limit the scope of specific physical ability tests for such applicants. Please indicate whether your state either requires or limits any of the tests 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 if known, local) law imposes more stringent requirements or limitations than federal law. If avail- able, provide citations/electronic sourcing. Mechanics Required by Limited by Required by Limited No such state law state law (spec- local law by local law requirement (specify law) ify law) (specify law) (specify or limitation law) Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexterity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require testing for a physical ability not specified above, please describe the physical ability tested:

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90 II. Periodic employee tests: requirements and limitations. A. In general: Some states require periodic physical exams and other tests for transit employees. Some states also limit the scope of periodic physical exams and other tests for transit employees. Please indicate whether your state either requires or limits any of the procedures/standards listed below. Select all that apply; identify any spe- cific information, for example the law or regulation that imposes the requirement or the agency that adminis- ters the law/regulation; indicate if state (or if known, local) law imposes more stringent requirements or limi- tations than federal law. If available, provide citations/electronic sourcing. Procedure/ Stan- Required Limited Required Required by No such re- dard by state by state law by local law transit agency quirement or law (spec- (specify (specify personnel pol- limitation ify law) law) law) icy 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 If you require physical exams or set minimum physical qualifications for other operational employees, please specify the covered employee categories: II. Periodic employee tests: requirements and limitations. B. Specific tests and standards for rail/bus operators: Some states require specific physical ability tests for rail/bus operators. Some states also limit the scope of specific physical ability tests for such employees. Please indicate whether your state either requires or limits any of the tests 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 if known, local) law imposes more stringent requirements or limitations than federal law. If available, provide citations/electronic sourcing. Rail/bus op- Required by Limited by Required by Limited by No erators state law state law (spec- local law (spec- local law such re- (specify law) ify law) ify law) (specify law) quire- ment or limita- tion Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexterity Lifestyle: nico- tine, obesity, etc. (specify) Other

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91 If you require testing for a physical ability not specified above, please describe the physical ability tested: II. Periodic employee tests: requirements and limitations. C. Specific tests and standards for mechanics: Some states require specific physical ability tests for mechanics. Some states also limit the scope of specific physical ability tests for such employees. Please indicate whether your state either requires or limits any of the tests listed below. Select all that apply; identify any specific information, for example the law or regula- tion that imposes the requirement or the agency that administers the law/regulation; indicate if state (or if known, local) law imposes more stringent requirements or limitations than federal law. If available, provide citations/electronic sourcing. Mechanics Required by Required by Required by Required by No such federal law state law local law transit agency procedure/ (specify law) (specify law) (specify law) personnel pol- standard icy Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexterity Lifestyle: nicotine, obesity, etc. (spec- ify) Other If you require testing for a physical ability not specified above, please describe the physical ability tested: III. Post-incident tests: requirements and limitations. A. In general: Some states require physical exams and other tests for transit employees following an accident. Some states also limit the scope of periodic physical exams and other tests for transit employees. Please indicate whether following an accident your state either requires or limits any of the procedures/standards listed be- low. 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 if known, local) law imposes more stringent requirements or limitations than federal law. If available, provide citations/electronic sourcing. Procedure/ Stan- Required by Limited by Required by Required by No such re- dard state law state law local law transit agency quirement or (specify law) (specify (specify law) personnel pol- limitation law) icy 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 me- chanics Minimum physical qualifications for other operational employees

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92 If you require physical exams or set minimum physical qualifications for other operational employees, please specify the covered employee categories: III. Post-incident tests: requirements and limitations. B. Specific tests and standards for rail/bus operators. Some states require specific physical ability tests for rail/bus operators following an accident. Some states also limit the scope of periodic physical exams and other tests for such employees. Please indicate whether following an accident your state either requires or limits any of the procedures/standards listed below. Select all that apply; identify any specific information, for example the law or regulation that imposes the require- ment or the agency that administers the law/regulation; indicate if state (or if known, local) law imposes more stringent requirements or limitations than federal law. If available, provide citations/electronic sourc- ing. Rail/bus op- Required by Limited by Required by Limited by No such erators state law state law local law local law requirement (specify law) (specify law) (specify law) (specify law) or limitation Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexter- ity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require testing for a physical ability not specified above, please describe the physical ability tested: III. Post-incident tests: requirements and limitations. C. Specific tests and standards for me- chanics. Some states require specific physical ability tests for mechanics following an accident. Some states also limit the scope of periodic physical exams and other tests for such employees. Please indicate whether follow- ing an accident your state either requires or limits any of the procedures/standards 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 if known, local) law imposes more stringent requirements or limitations than federal law. If available, provide citations/electronic sourcing. Mechanics Required by Limited by Required by Limited by No such re- state law state law local law local law quirement or (specify law) (specify law) (specify law) (specify law) limitation Vision Hearing Strength Agility Sit-and-reach Grasping ability Manual dexterity Lifestyle: nico- tine, obesity, etc. (specify) Other If you require testing for a physical ability not specified above, please describe the physical ability tested:

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93 IV. Payment for physical exams and physical abilities testing. Please indicate whether your state regulates payment for the following types of exams, and if so who is re- quired to pay. Where payment is regulated, please provide citations to the applicable law or regulation. Procedure/ Standard Paid by Paid by pro- Paid by Paid by Not applicant spective em- employee employer regu- ployer lated Physical exam for rail/bus opera- tors Physical exam for mechanics Physical exam for other opera- tional employees Minimum physical qualifications for rail/bus operators Minimum physical qualifications for mechanics Minimum physical qualifications for other operational employees Vision tests Hearing tests Strength tests Agility tests Sit-and-reach tests Grasping ability tests Manual dexterity tests Lifestyle: nicotine, obesity, etc. (specify) Other physical ability tests

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94 V. School bus; drug and alcohol; sick leave; lifestyle 10. 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 transportation require- ments? If so, are such requirements considered applicable to transit employees, notably those driv- ers providing tripper service? 11. Does your state impose stricter standards for drug and alcohol use than those required under federal regulations? If so, please describe. 12. Does your state require return-to-work agreements after an employee has tested positive for alcohol or a controlled substance? If so, please specify law or regulation. Does your state limit such agreements? If so, please specify law or regulation. 13. Does your state require employees to undergo physical exams when they return from sick leave for reasons other than accidents? Does your state limit an employer's ability to require such ex- ams? Do either requirements or limitations cover tests for any specific physical abilities, such as those noted above? If so, which physical abilities are covered? Does your state regu- late by whom such exams are paid for? 14. Does your state regulate an employer's right to require employees returning from sick leave to dis- close conditions that if present would disqualify them from their current jobs? 15. Does your state regulate an employer's right to prohibit job applicants from smoking? Does your state regulate an employer's right to prohibit current employees from smoking? 16. Does your state regulate an employer's right to require job applicants to meet other lifestyle re- quirements, such as meeting specified height/weight ratios? Does your state regulate an em- ployer's right to require employees to meet other lifestyle requirements, such as maintaining speci- fied height/weight ratios? VI. Commercial drivers license (CDL) 3. Specify which transit employees your state requires to carry CDLs. 4. Has your state adopted the governmental entity exception set forth in 49 C.F.R. Part 390.3(f)(2)? 5. Does your state require transit employees to meet the requirements of 49 C.F.R. Part 391? 6. Do your state CDL requirements differ from those of the Federal Motor Carrier Safety Admini- stration? If so, please specify in what regard the requirements differ.