[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: 49CFR219.800]

[Page 239]
 
                        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. 219.800  Annual reports.


    (a) Each railroad that has a total of 400,000 or more employee hours 
(including hours worked by all employees of the railroad, regardless of 
occupation, not only while in the United States but also while outside 
the United States) must submit to FRA by March 15 of each year a report 
covering the previous calendar year (January 1-December 31), summarizing 
the results of its alcohol misuse prevention program. As used in this 
paragraph, the term ``employees of the railroad'' includes individuals 
who perform service for the railroad, including not only individuals who 
receive direct monetary compensation from the railroad for performing a 
service for the railroad, but also such individuals as employees of a 
contractor to the railroad who perform a service for the railroad.
    (b) As a railroad, you must use the Management Information System 
(MIS) form and instructions as required by 49 CFR part 40 (at Sec. 
40.25 and appendix H to part 40). You may also use the electronic 
version of the MIS form provided by the DOT. The Administrator may 
designate means (e.g., electronic program transmitted via the Internet), 
other than hard-copy, for MIS form submission to FRA. For information on 
where to submit MIS forms and for the electronic version of the form, 
see: http://www.fra.dot.gov/Content3.asp?P=504.
    (c) Each railroad shall ensure the accuracy and timeliness of each 
report submitted.
    (d) As a railroad, if you have a covered employee who performs 
multi-DOT agency functions (e.g., an employee drives a commercial motor 
vehicle and performs switchman duties for you), count the employee only 
on the MIS report for the DOT agency under which he or she is random 
tested. Normally, this will be the DOT agency under which the employee 
performs more than 50% of his or her duties. Railroads may have to 
explain the testing data for these employees in the event of a DOT 
agency inspection or audit.
    (e) A service agent (e.g., a consortium/third party administrator) 
may prepare the MIS report on behalf of a railroad. However, a railroad 
official (e.g., a designated employee representative) must certify the 
accuracy and completeness of the MIS report, no matter who prepares it.

[68 FR 75464, Dec. 31, 2003, as amended at 69 FR 19288, Apr. 12, 2004]

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