[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR219.105]

[Page 208]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219--CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
                         Subpart B--Prohibitions
 
Sec. 219.105  Railroad's duty to prevent violations.

    (a) A railroad may not, with actual knowledge, permit an employee to 
go or remain on duty in covered service in violation of the prohibitions 
of Sec. 219.101 or Sec. 219.102. As used in this section, the knowledge 
imputed to the railroad must be limited to that of a railroad management 
employee (such as a supervisor deemed an ``officer,'' whether or not 
such person is a corporate officer) or a supervisory employee in the 
offending employee's chain of command.
    (b) A railroad must exercise due diligence to assure compliance with 
Secs. 219.101 and 219.102 by each covered employee.