[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR219.5] [Page 209-211] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 219--CONTROL OF ALCOHOL AND DRUG USE--Table of Contents Subpart A--General Sec. 219.5 Definitions. As used in this part-- Accident or incident reportable under part 225 does not include a case that is classified as ``covered data'' under Sec. 225.5 of this chapter (i.e., employee injury/illness cases reportable exclusively because a physician or other licensed health care professional either made a one-time topical application of a prescription-strength medication to the employee's injury or made a written recommendation that the employee: Take one or more days away from work when the employee instead reports to work (or would have reported had he or she been scheduled) and takes no days away from work in connection with the injury or illness; work restricted duty for one or more days when the employee instead works unrestricted (or would have worked unrestricted had he or she been scheduled) and takes no other days of restricted work activity in connection with the injury or illness; or take over-the- counter medication at a dosage equal to or greater than the minimum prescription strength, whether or not the employee actually takes the medication). Class I, Class II, and Class III have the meaning assigned by regulations of the Surface Transportation Board (49 CFR part 1201; General Instructions 1-1). Controlled substance has the meaning assigned by 21 U.S.C. 802, and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR Parts 1301-1316). Covered employee means a person who has been assigned to perform service subject to the hours of service laws (49 U.S.C. ch. 211) during a duty tour, whether or not the person has performed or is currently performing such service, and any person who performs such service. (An employee is not ``covered'' within the meaning of this part exclusively by reason of being an employee for purposes of 49 U.S.C. 21106.) For the purposes of pre-employment testing only, the term ``covered employee'' includes a person applying to perform covered service. Co-worker means another employee of the railroad, including a working supervisor directly associated with a yard or train crew, such as a conductor or yard foreman, but not including any other railroad supervisor, special agent, or officer. DOT Agency means an agency (or ``operating administration'') of the United States Department of Transportation administering regulations requiring alcohol or controlled substance testing (14 CFR parts 61, 63, 65, 121 and 135; 49 CFR parts 199, 219, 382 and 655) in accordance with Part 40 of this title. Drug means any substance (other than alcohol) that has known mind- or function-altering effects on a human subject, specifically including any psychoactive substance and including, but not limited to, controlled substances. FRA means the Federal Railroad Administration, United States Department of Transportation. FRA representative means the Associate Administrator for Safety of FRA, the Associate Administrator's delegate (including a qualified State inspector acting under Part 212 of this chapter), the Chief Counsel of FRA, or the Chief Counsel's delegate. Hazardous material means a commodity designated as a hazardous material by Part 172 of this title. Impact accident means a train accident (i.e., a rail equipment accident involving damage in excess of the current reporting threshold (see Sec. 225.19(e) of this chapter)) consisting of a head-on collision, a rear-end collision, a side collision (including a collision at a railroad crossing at grade), a switching collision, or impact with a deliberately-placed obstruction such as a bumping post. The following are not impact accidents: (1) An accident in which the derailment of equipment causes an impact with other rail equipment; (2) Impact of rail equipment with obstructions such as fallen trees, rock or snow slides, livestock, etc.; and (3) Raking collisions caused by derailment of rolling stock or operation of equipment in violation of clearance limitations. [[Page 210]] Independent with respect to a medical facility, means not under the ownership or control of the railroad and not operated or staffed by a salaried officer or employee of the railroad. The fact that the railroad pays for services rendered by a medical facility or laboratory, selects that entity for performing tests under this part, or has a standing contractual relationship with that entity to perform tests under this part or perform other medical examinations or tests of railroad employees does not, by itself, remove the facility from this definition. Medical facility means a hospital, clinic, physician's office, or laboratory where toxicological specimens can be collected according to recognized professional standards. Medical practitioner means a physician or dentist licensed or otherwise authorized to practice by the state. NTSB means the National Transportation Safety Board. Passenger train means a train transporting persons (other than employees, contractors, or persons riding equipment to observe or monitor railroad operations) in intercity passenger service, commuter or other short-haul service, or for excursion or recreational purposes. Positive rate means the number of positive results for random drug tests conducted under this part plus the number of refusals of random tests required by this part, divided by the total number of random drug tests conducted under this part plus the number of refusals of random tests required by this part. Possess means to have on one's person or in one's personal effects or under one's control. However, the concept of possession as used in this part does not include control by virtue of presence in the employee's personal residence or other similar location off of railroad property. Railroad means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, and any person providing such transportation, including-- (1) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and (2) High speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. Railroad property damage or damage to railroad property refers to damage to railroad property, including railroad on-track equipment, signals, track, track structures (including bridges and tunnels), or roadbed, including labor costs and all other costs for repair or replacement in kind. Estimated cost for replacement of railroad property must be calculated as described in the FRA Guide for Preparing Accident/ Incident Reports. (See Sec. 225.21 of this chapter.) However, replacement of passenger equipment is calculated based on the cost of acquiring a new unit for comparable service. Reportable injury means an injury reportable under part 225 of this chapter except for an injury that is classified as ``covered data'' under Sec. 225.5 of this chapter (i.e., employee injury/illness cases reportable exclusively because a physician or other licensed health care professional either made a one-time topical application of a prescription-strength medication to the employee's injury or made a written recommendation that the employee: Take one or more days away from work when the employee instead reports to work (or would have reported had he or she been scheduled) and takes no days away from work in connection with the injury or illness; work restricted duty for one or more days when the employee instead works unrestricted (or would have worked unrestricted had he or she been scheduled) and takes no other days of restricted work activity in connection with the injury or illness; or take over-the-counter medication at a dosage equal to or greater than the minimum prescription strength, whether or not the employee actually takes the medication. Reporting threshold means the amount specified in Sec. 225.19(e) of this chapter, as [[Page 211]] adjusted from time to time in accordance with Appendix B to Part 225 of this chapter. Supervisory employee means an officer, special agent, or other employee of the railroad who is not a co-worker and who is responsible for supervising or monitoring the conduct or performance of one or more employees. Train, except as context requires, means a locomotive, or more than one locomotive coupled, with or without cars. (A locomotive is a self- propelled unit of equipment which can be used in train service.) Train accident means a passenger, freight, or work train accident described in Sec. 225.19(c) of this chapter (a ``rail equipment accident'' involving damage in excess of the current reporting threshold), including an accident involving a switching movement. Train incident means an event involving the movement of railroad on- track equipment that results in a casualty but in which railroad property damage does not exceed the reporting threshold. Violation rate means the number of covered employees (as reported under Sec. 219.801) found during random tests given under this part to have an alcohol concentration of .04 or greater, plus the number of employees who refuse a random test required by this part, divided by the total reported number of employees in the industry given random alcohol tests under this part plus the total reported number of employees in the industry who refuse a random test required by this part. [66 FR 41973, Aug. 9, 2001, as amended at 68 FR 10135, Mar. 3, 2003]