[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: 49CFR219.207]

[Page 212-213]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219--CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
             Subpart C--Post-Accident Toxicological Testing
 
Sec. 219.207  Fatality.

    (a) In the case of an employee fatality in an accident or incident 
described in Sec. 219.201, body fluid and/or tissue specimens must be 
obtained from the remains of the employee for toxicological testing. To 
ensure that specimens are timely collected, the railroad must 
immediately notify the appropriate local authority (such as a coroner or 
medical examiner) of the fatality and the requirements of this subpart, 
making available the shipping kit and requesting the local authority to 
assist in obtaining the necessary body fluid or tissue specimens. The 
railroad must also seek the assistance of the custodian of the remains, 
if a person other than the local authority.
    (b) If the local authority or custodian of the remains declines to 
cooperate in obtaining the necessary specimens, the railroad must 
immediately notify the duty officer at the National Response Center 
(NRC) at (800) 424-8801 or (800) 424-8802 by providing the following 
information:

[[Page 213]]

    (1) Date and location of the accident or incident;
    (2) Railroad;
    (3) Name of the deceased;
    (4) Name and telephone number of custodian of the remains; and
    (5) Name and telephone number of local authority contacted.
    (c) A coroner, medical examiner, pathologist, Aviation Medical 
Examiner, or other qualified professional is authorized to remove the 
required body fluid and/or tissue specimens from the remains on request 
of the railroad or FRA pursuant to this part; and, in so acting, such 
person is the delegate of the FRA Administrator under sections 20107 and 
20108 of title 49, United States Code (but not the agent of the 
Secretary for purposes of the Federal Tort Claims Act (chapter 171 of 
title 28, United States Code). Such qualified professional may rely upon 
the representations of the railroad or FRA representative with respect 
to the occurrence of the event requiring that toxicological tests be 
conducted and the coverage of the deceased employee under this part.
    (d) Appendix C to this part specifies body fluid and tissue 
specimens required for toxicological analysis in the case of a fatality.