[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR209.331]



[Page 33]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                  Subpart D_Disqualification Procedures

 

Sec. 209.331  Enforcement of disqualification order.



    (a) A railroad that employs or formerly employed an individual 

serving under a disqualification order shall inform prospective or 

actual employers of the terms and conditions of the order upon receiving 

notice that the disqualified employee is being considered for employment 

with or is employed by another railroad to perform any of the safety-

sensitive functions described in Sec. 209.303.

    (b) A railroad that is considering hiring an individual to perform 

the safety-sensitive functions described in Sec. 209.303 shall 

ascertain from the individual's previous employer, if such employer was 

a railroad, whether the individual is subject to a disqualification 

order.

    (c) An individual subject to a disqualification order shall inform 

his or her employer of the order and provide a copy thereof within 5 

days after receipt of the order. Such an individual shall likewise 

inform any prospective employer who is considering hiring the individual 

to perform any of the safety-sensitive functions described in Sec. 

209.303 of the order and provide a copy thereof within 5 days after 

receipt of the order or upon application for the position, whichever 

first occurs.