# COMAR Title 11 — Department of Transportation

## Subtitle 08 — State Rail Transit Safety Oversight

### Chapter 04 — Safety Violations

#### Regulation .04 Reinstatement of Safety-Sensitive Eligibility.

*COMAR 11.08.04.04*

A. An individual who has been suspended from performing safety-sensitive functions may be eligible for reinstatement prior to the expiration of the initial period of suspension if:

  (1) The suspension was for reasons other than noncompliance with the drug and alcohol policy;

  (2) The individual has been evaluated by a qualified supervisor of the specific safety-sensitive position and determined by the qualified supervisor and RTA management to:

    (a) Have received and successfully completed adequate remedial training on any specific areas identified by the RTA in relation to the suspension; and

    (b) Have demonstrated the necessary commitment to safety processes and procedures; and

  (3) At least one half of the imposed period of suspension has elapsed.

B. An RTA requesting reinstatement of an individual to perform safety-sensitive functions must do so formally in writing to the MDOT Assistant Secretary for Administration, or designee. This request must include, at minimum, confirmation by a qualified supervisor and RTA management that the individual has met the above requirements, supporting documentation, and a written explanation supporting the request for reinstatement. This may include a written statement by the suspended individual.

C. The Secretary of Transportation or Secretary’s designee will conduct an evaluation and advise the RTA of the determination within 30 calendar days.