[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: 49CFR219.803]

[Page 228-230]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219--CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
                        Subpart I--Annual Report
 
Sec. 219.803  Reporting drug misuse prevention program results in a management information system.

    (a) Each railroad that has 400,000 or more total manhours shall 
submit to FRA an annual report covering the calendar year, summarizing 
the results of its drug misuse prevention program.
    (b) A railroad that is subject to more than one DOT agency drug 
regulation must identify each employee covered by the regulations of 
more than one DOT agency. The identification will be by the total number 
and category of covered functions. Prior to conducting any drug test on 
a covered employee subject to the regulations of more than one DOT 
agency, the railroad must determine which DOT agency regulation or rules 
authorizes or requires the test. The test result information must be 
directed to the appropriate DOT agency or agencies.
    (c) Each railroad must ensure the accuracy and timeliness of each 
report submitted by the railroad or a consortium.
    (d) Each railroad must submit the required annual reports no later 
than March 15 of each year. The report must be submitted on one of the 
forms specified by the FRA. A railroad with no positive test result must 
submit the ``Drug Testing Management Information System Zero Positives 
Data Collection Form.'' All other railroads must submit the ``Drug 
Testing Management Information System Data Collection Form.''
    (e) A railroad submitting the ``Drug Testing Management Information 
System Data Collection Form'' must address each of the following data 
elements:
    (1) Number of covered employees by employee category (i.e., train 
service, engine service, dispatcher/operator, signal service, other).
    (2) Number of covered employees in each category subject to testing 
under the anti-drug regulations of more than one DOT agency, identified 
by each agency.
    (3) Number of specimens collected by type of test (i.e., pre-
employment and covered service transfer, random, post-positive return to 
service, and follow-up), and employee category.
    (4) Number of specimens verified negative by a Medical Review 
Officer (MRO) by type of test, and employee category.
    (5) Number of specimens verified positive for one or more of the 
five drugs by a MRO by type of test, employee category, and type of 
drug. If a test has been verified positive by a MRO for multiple drugs, 
the employer should report the result as a positive for each type of 
drug.
    (6) Number of applicants or transfers denied employment or transfer 
to a covered service position following a verified positive pre-
employment drug test.
    (7) Number of employees, currently in or having completed 
rehabilitation or otherwise qualified to return to duty, who have 
returned to work in a covered position during the reporting period.
    (8) For cause drug testing, the number of specimens collected by 
reason for test (i.e., accident/injury, rules violation, or reasonable 
suspicion), type of authority (railroad or FRA), employee

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category and type of drug, including drugs tested for under railroad 
authority only.
    (9) For cause drug testing, the number of specimens verified 
negative by a MRO by reason for test, type of authority, employee 
category and type of drug, including drugs tested for under railroad 
authority only.
    (10) For cause drug testing, the number of specimens verified 
positive by a MRO by reason for test, type of authority, employee 
category and type of drug, including drugs tested for under railroad 
authority only.
    (11) For cause breath alcohol testing under railroad authority, by 
reason for test, the number of tests conducted, the number of tests with 
a positive result (i.e., breath alcohol concentration (BAC) = or 
 .02), and the number of refusals.
    (12) For cause urine alcohol testing under railroad authority, by 
reason for test, the number of tests conducted, the number of tests with 
a positive result, and the number of refusals.
    (13) For cause breath alcohol testing under FRA authority, by reason 
for test, the number of tests conducted, the number of tests with a 
positive result, and the number of refusals.
    (14) Total number of covered employees observed in documented 
operational tests and inspections related to enforcement of the 
railroad's rules on alcohol and drug use.
    (15) Based on the tests and inspections described in paragraph 
(e)(14) of this section, the number of covered employees charged with a 
violation of the railroad's Rule G or similar rule or policy on drugs.
    (16) Based on the tests and inspections described in paragraph 
(e)(14) of this section, the number of covered employees charged with a 
violation of the railroad's Rule G or similar rule or policy on alcohol.
    (17) Number of specimens verified positive for more than one drug, 
by employee category and type of drug.
    (18) Number of covered employees who refused to submit to a random 
drug test required under FRA authority.
    (19) Number of covered employees who refused to submit to a non-
random drug test required under FRA authority.
    (20) Number of supervisory personnel who have received the required 
initial training on the specific contemporaneous physical, behavioral, 
and performance indicators of probable drug use during the reporting 
period.
    (f) A railroad authorized to submit the ``Drug Testing Management 
Information System Zero Positives Data Collection Form'' must address 
each of the following data elements:
    (1) Number of covered employees by employee category (i.e., train 
service, engine service, dispatcher/operator, signal service, other).
    (2) Number of covered employees in each category subject to testing 
under the anti-drug regulations of more than one DOT agency, identified 
by each agency.
    (3) Number of specimens collected and verified negative by type of 
test (i.e., pre-employment and covered service transfer, random, for 
cause due to accident/incident, for cause due to rules violation, 
reasonable suspicion, post-positive return to service, and follow-up), 
and employee category.
    (4) For cause breath alcohol testing under railroad authority, the 
number of tests conducted by reason for test (i.e., accident/injury, 
rules violation, or reasonable suspicion).
    (5) For cause urine alcohol testing under railroad authority, the 
number of tests conducted by reason for test.
    (6) For cause breath alcohol testing under FRA authority, the number 
of tests conducted by reason for test.
    (7) Total number of covered employees observed in documented 
operational tests and inspections related to enforcement of the 
railroad's rules on alcohol and drug use.
    (8) Based on the tests and inspections described in paragraph (f)(7) 
of this section, the number of covered employees charged with a 
violation of the railroad's Rule G or similar rule or policy on drugs.
    (9) Based on the tests and inspections described in paragraph (f)(7) 
of this section, the number of covered employees charged with a 
violation of the railroad's Rule G or similar rule or policy on alcohol.

[[Page 230]]

    (10) Number of covered employees who refused to submit to a random 
drug test required under FRA authority.
    (11) Number of covered employees who refused to submit to a non-
random drug test required under FRA authority.
    (12) Number of supervisory personnel who have received the required 
initial training on the specific contemporaneous physical, behavioral, 
and performance indicators of probable drug use during the reporting 
period.