[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: 49CFR219.1]



[Page 208-209]

 

                        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. 219.1  Purpose and scope.









                            Subpart A_General



Sec.

219.1 Purpose and scope.

219.3 Application.

219.4 Recognition of a foreign railroad's workplace testing program.

219.5 Definitions.

219.7 Waivers.

219.9 Responsibility for compliance.

219.11 General conditions for chemical tests.

219.13 Preemptive effect.

219.15 [Reserved]

219.17 Construction.

219.19 [Reserved]

219.21 Information collection.

219.23 Railroad policies.



                         Subpart B_Prohibitions



219.101 Alcohol and drug use prohibited.

219.102 Prohibition on abuse of controlled substances.

219.103 Prescribed and over-the-counter drugs.

219.104 Responsive action.

219.105 Railroad's duty to prevent violations.

219.107 Consequences of unlawful refusal.



[[Page 209]]



              Subpart C_Post-Accident Toxicological Testing



219.201 Events for which testing is required.

219.203 Responsibilities of railroads and employees.

219.205 Specimen collection and handling.

219.206 FRA access to breath test results.

219.207 Fatality.

219.209 Reports of tests and refusals.

219.211 Analysis and follow-up.

219.213 Unlawful refusals; consequences.



                       Subpart D_Testing for Cause



219.300 Mandatory reasonable suspicion testing.

219.301 Testing for reasonable cause.

219.302 Prompt specimen collection; time limitation.



             Subpart E_Identification of Troubled Employees



219.401 Requirement for policies.

219.403 Voluntary referral policy.

219.405 Co-worker report policy.

219.407 Alternate policies.



                     Subpart F_Pre-Employment Tests



219.501 Pre-employment drug testing.

219.502 Pre-employment alcohol testing.

219.503 Notification; records.

219.505 Refusals.



           Subpart G_Random Alcohol and Drug Testing Programs



219.601 Railroad random drug testing programs.

219.602 FRA Administrator's determination of random drug testing rate.

219.603 Participation in drug testing.

219.605 Positive drug test results; procedures.

219.607 Railroad random alcohol testing programs.

219.608 FRA Administrator's determination of random alcohol testing 

          rate.

219.609 Participation in alcohol testing.

219.611 Test result indicating prohibited alcohol concentration; 

          procedures.



              Subpart H_Drug and Alcohol Testing Procedures



219.701 Standards for drug and alcohol testing.



                         Subpart I_Annual Report



219.800 Annual reports.

219.801-219.803 [Reserved]



                  Subpart J_Recordkeeping Requirements



219.901 Retention of alcohol testing records.

219.903 Retention of drug testing records.

219.905 Access to facilities and records.



Appendix A to Part 219--Schedule of Civil Penalties

Appendix B to Part 219--Designation of Laboratory for Post-Accident 

          Toxicological Testing

Appendix C to Part 219--Post-Accident Testing Specimen Collection



    Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 

U.S.C. 2461, note; and 49 CFR 1.49(m).



    Source: 66 FR 41973, Aug. 9, 2001, unless otherwise noted.







    (a) The purpose of this part is to prevent accidents and casualties 

in railroad operations that result from impairment of employees by 

alcohol or drugs.

    (b) This part prescribes minimum Federal safety standards for 

control of alcohol and drug use. This part does not restrict a railroad 

from adopting and enforcing additional or more stringent requirements 

not inconsistent with this part.