[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: 49CFR240.205]

[Page 680]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 
of Contents
 
          Subpart C_Implementation of the Certification Process
 
Sec. 240.205  Procedures for determining eligibility based on prior safety 
conduct.

    (a) After the pertinent date specified in paragraph (e), (f), or (g) 
of Sec. 240.201, each railroad, prior to initially certifying or 
recertifying any person as an engineer for any class of service, shall 
determine that the person meets the eligibility requirements of Sec. 
240.115 involving prior conduct as a motor vehicle operator, Sec. 
240.117 involving prior conduct as a railroad worker, and Sec. 240.119 
involving substance abuse disorders and alcohol/drug rules compliance.
    (b) In order to make the determination required under paragraph (a) 
of this section, a railroad shall have on file documents pertinent to 
the determinations referred to in paragraph (a) of this section, 
including a written document from its EAP Counselor either a document 
reflecting his or her professional opinion that the person has been 
evaluated as not currently affected by a substance abuse disorder or 
that the person has been evaluated as affected by an active substance 
abuse disorder and is ineligible for certification.