[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR219.501]

[Page 232-233]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
                     Subpart F_Pre-Employment Tests
 
Sec. 219.501  Pre-employment drug testing.


    (a) Prior to the first time a covered employee performs covered 
service for a railroad, the employee must undergo testing for drugs. No 
railroad may allow a covered employee to perform covered service, unless 
the employee has been administered a test for drugs with a result that 
did not indicate the misuse of controlled substances. This requirement 
applies to final applicants for employment and to employees seeking to 
transfer for the first time from non-covered service to duties involving 
covered service.

[[Page 233]]

    (b) As used in subpart H of this part with respect to a test 
required under this subpart, the term covered employee includes an 
applicant for pre-employment testing only. In the case of an applicant 
who declines to be tested and withdraws the application for employment, 
no record may be maintained of the declination.