Back to Top
Federal Compliance Training

Federal Compliance Training

Federal Training Obligations

The list below identifies some of the required employee trainings that an employee MUST complete pursuant to federal law.  For information on trainings mandated by New York State, see the SUNY SUNY New York State Compliance Training page.

Title IX and the Violence Against Women Act

New Obligations to Train and Educate under VAWA New Obligation to Train:

New Requirements to Educate New Students and Employees on Sexual Violence: Under VAWA, new students and new employees must be offered “primary prevention and awareness programs” that promote awareness of rape, acquaintance rape, domestic violence, sexual assault, and stalking. SUNY state-operated campuses are required to comply with the SUNY OCR 2013 Voluntary Resolution Agreement, which is more specific than the general national guidance. Per the agreement, campuses offer a series of information sessions to students so that they are aware of the campuses’ prohibition against sex discrimination (including sexual harassment, sexual assault, and sexual violence).

See the Policy and Programming Changes Pursuant to the Campus SaVE Provisions of the Violence Against Women Act, a guidance document written by the Office of General Counsel State University of New York, and specifically pages 52 - 75, for detailed information on the trainings, including who needs to be trained, on what content, how frequently the training must be delivered, information on effective trainings, and more.

Omnibus Transportation Employee Testing Act of 1991 (OTETA)

After several significant transportation accidents, Congress passed the Omnibus Transportation Employee Testing Act of 1991 (OTETA), because they recognized the safety need for ensuring drug- and alcohol-free transportation employees. OTETA requires that employees in “safety sensitive” positions, i.e., those who have commercial driver's licenses (CDLs) and operate, or may be called upon by the campus to operate, a commercial motor vehicle (CMV), receive instruction about OTETA and the campus policies relating to OTETA. The "Act" required DOT Agencies to implement drug testing of safety-sensitive transportation employees in the aviation, trucking (including school bus drivers, and certain limousine and van drivers), railroads, mass transit, and pipelines industries. In 1994, DOT added alcohol testing requirements to its regulations. As a result, employees in the related industries subject to pre-employment, pre-assignment (promotion), reasonable suspicion, post-accident, random, follow-up and return-to-duty drug and alcohol testing.

When is OTETA triggered on your SUNY Campus
The U.S. Department of Transportation Federal Motor Carrier Safety Administration Agency has issued regulations which state that the OTETA drug and alcohol testing requirements apply only to persons (and their employers) who operate, even on a casual or volunteer basis, a commercial vehicle subject to a commercial drivers license (49 CFR section 382103(a)).

A commercial vehicle is defined in 49 CFR section 382.107 as a vehicle that has a gross vehicle weight rating (GVWR) of 26,001 lbs. or more (weighs more than 13 tons) or a vehicle that transports 16 or more passengers. Persons who drive such vehicles need a commercial drivers license (49 CFR Part 383). If a campus vehicle is not over the GVWR rating of 26,001 lbs (13 tons) and is not a 16+ passenger van, it is not a commercial motor vehicle for purposes of State or federal law, and therefore the federal requirements for drug and alcohol testing do not apply as to SUNY, as employer, or to SUNY's employees. If a vehicle has air brakes, but does not meet the requirement of over 13 tons or a 16+ passenger van, the fact that it has air brakes does not make it a commercial motor vehicle for which a commercial drivers license is an operating requirement.

Who Must Complete OTETA Training
OTETA ONLY applies to employees in safety-sensitive fields of: transportation, aviation, trucking (including school bus drivers, and certain limousine and van drivers), railroads, mass transit, and pipelines industries.

OTETA Resources & Information

Department of Transportation Resource Page on OTETA
The DOT agencies (the Federal Aviation Administration [aviation], the Federal Motor Carrier Safety Administration [trucking], the Federal Railroad Administration [rail], the Federal Transit Administration [mass transit] and the Pipeline and Hazardous Materials Safety Administration [pipeline]) and the United States Coast Guard (USCG) [maritime] each have industry specific regulations which in total cover approximately 12.1 million transportation employees who perform safety-sensitive functions. These regulations spell out who is subject to testing, when and in what circumstances.

Department of Transportation Alcohol And Drug Rules

Office of Drug and Alcohol Policy Compliance

Campus Obligations Related to OTETA

∧ Back to Top  

The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete. For complete compliance information, consult your campus compliance officials. For legal advice, consult your lawyer.