[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: 49CFR219.300]

[Page 215-216]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219--CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
                      Subpart D--Testing for Cause
 
Sec. 219.300  Mandatory reasonable suspicion testing.


    (a) Requirements. (1) A railroad must require a covered employee to 
submit to an alcohol test when the railroad has reasonable suspicion to 
believe that the employee has violated any prohibition of subpart B of 
this part concerning use of alcohol. The railroad's determination that 
reasonable suspicion exists to require the covered employee to undergo 
an alcohol test must be based on specific, contemporaneous, articulable 
observations concerning the appearance, behavior, speech or body odors 
of the employee.
    (2) A railroad must require a covered employee to submit to a drug 
test when the railroad has reasonable suspicion to believe that the 
employee has violated the prohibitions of subpart B of this part 
concerning use of controlled substances. The railroad's determination 
that reasonable suspicion exists to require the covered employee to 
undergo a drug test must be based on specific, contemporaneous,

[[Page 216]]

articulable observations concerning the appearance, behavior, speech or 
body odors of the employee. Such observations may include indications of 
the chronic and withdrawal effects of drugs.
    (b)(1) With respect to an alcohol test, the required observations 
must be made by a supervisor trained in accordance with Sec. 219.11(g). 
The supervisor who makes the determination that reasonable suspicion 
exists may not conduct testing on that employee.
    (2) With respect to a drug test, the required observations must be 
made by two supervisors, at least one of whom is trained in accordance 
with Sec. 219.11(g).
    (c) Nothing in this section may be construed to require the conduct 
of alcohol testing or drug testing when the employee is apparently in 
need of immediate medical attention.
    (d)(1) If a test required by this section is not administered within 
two hours following the determination under this section, the railroad 
must prepare and maintain on file a record stating the reasons the test 
was not properly administered. If a test required by this section is not 
administered within eight hours of the determination under this section, 
the railroad must cease attempts to administer an alcohol test and must 
state in the record the reasons for not administering the test. Records 
must be submitted to FRA upon request of the FRA Administrator.
    (2) [Reserved]