[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: 49CFR219.607]

[Page 224-225]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219--CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
           Subpart G--Random Alcohol and Drug Testing Programs
 
Sec. 219.607  Railroad random alcohol testing programs.

    (a) Each railroad must submit for FRA approval a random alcohol 
testing program meeting the requirements of this subpart. A railroad 
commencing operations must submit a random alcohol testing program not 
later than 30 days prior to such commencement. The program must be 
submitted to the Associate Administrator for Safety, FRA, for review and 
approval. If, after approval, a railroad desires to amend the random 
alcohol testing program implemented under this subpart, the railroad 
must file with FRA a notice of such amendment at least 30 days prior to 
the intended effective date of such action. A program responsive to the 
requirements of this section or any amendment to the program may not be 
implemented prior to approval.
    (b) Form of programs. Random alcohol testing programs submitted by 
or on behalf of each railroad under this subpart must meet the following 
criteria, and the railroad and its managers, supervisors, officials and 
other employees and agents must conform to such criteria in implementing 
the program:
    (1) Selection of covered employees for testing must be made by a 
method employing objective, neutral criteria which ensures that every 
covered employee has a substantially equal statistical chance of being 
selected within a specified time frame. The method may not permit 
subjective factors to play a role in selection, i.e., no employee may be 
selected as the result of the exercise of discretion by the railroad. 
The selection method must be capable of verification with respect to the 
randomness of the selection process, and any records necessary to 
document random selection must be retained for not less than 24 months 
from the date upon which the particular specimens were collected.
    (2) The program must include testing procedures and safeguards, and, 
consistent with this part, procedures for action based on tests where 
the employee is found to have violated Sec. 219.101.
    (3) The program must ensure that random alcohol tests conducted 
under this part are unannounced and that the dates for administering 
random tests are spread reasonably throughout the calendar year.
    (4) The program must ensure to the maximum extent practicable that 
each covered employee perceives the possibility that a random alcohol 
test may be required at any time the employee reports for work and at 
any time during the duty tour (except any period when the employee is 
expressly relieved of any responsibility for performance of covered 
service).
    (5) An employee may be subject to testing only while on duty. Only 
employees who perform covered service for the railroad may be subject to 
testing under this part. In the case of employees who during some duty 
tours perform covered service and during others do not, the railroad 
program may specify the extent to which, and the circumstances under 
which they are subject to testing. To the extent practical within the 
limitations of this part and in the context of the railroad's 
operations, the railroad program must provide that employees are subject 
to the possibility of random testing on any day they actually perform 
covered service.
    (6) Testing must be conducted promptly, as provided in 
Sec. 219.701(b)(1).
    (7) Each time an employee is notified for random alcohol testing the 
employee must be informed that selection was made on a random basis.

[[Page 225]]

    (8) Each railroad must ensure that each covered employee who is 
notified of selection for random alcohol testing proceeds to the test 
site immediately; provided, however, that if the employee is performing 
a safety-sensitive function at the time of the notification, the 
railroad must instead ensure that the employee ceases to perform the 
safety-sensitive function and proceeds to the testing site as soon as 
possible.
    (c) Implementation. (1) No later than 45 days prior to commencement 
of random alcohol testing, the railroad must publish to each of its 
covered employees, individually, a written notice that the employee will 
be subject to random alcohol testing under this part. Such notice must 
state the date for commencement of the program, must state that the 
selection of employees for testing will be on a strictly random basis, 
must describe the consequences of a determination that the employee has 
violated Sec. 219.101 or any applicable railroad rule, and must inform 
the employee of the employee's rights under subpart E of this part. A 
copy of the notice must be provided to each new covered employee on or 
before the employee's initial date of service. Since knowledge of 
Federal law is presumed, nothing in this paragraph (c)(1) creates a 
defense to a violation of Sec. 219.101. This notice may be combined with 
the notice or policy statement required by Sec. 219.23.
    (2) A railroad commencing operations must submit a random testing 
program 60 days after doing so. The railroad must implement its approved 
random testing program not later than the expiration of 60 days from 
approval by the Administrator.