[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: 49CFR219.101]



[Page 218-219]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents

 

                         Subpart B_Prohibitions

 

Sec. 219.101  Alcohol and drug use prohibited.





    (a) Prohibitions. Except as provided in Sec. 219.103--

    (1) No employee may use or possess alcohol or any controlled 

substance while assigned by a railroad to perform covered service.

    (2) No employee may report for covered service, or go or remain on 

duty in covered service while--

    (i) Under the influence of or impaired by alcohol;

    (ii) Having .04 or more alcohol concentration in the breath or 

blood; or

    (iii) Under the influence of or impaired by any controlled 

substance.



[[Page 219]]



    (3) No employee may use alcohol for whichever is the lesser of the 

following periods:

    (i) Within four hours of reporting for covered service; or

    (ii) After receiving notice to report for covered service.

    (4) No employee tested under the provisions of this part whose test 

result indicates an alcohol concentration of .02 or greater but less 

than .04 may perform or continue to perform covered service functions 

for a railroad, nor may a railroad permit the employee to perform or 

continue to perform covered service, until the start of the employee's 

next regularly scheduled duty period, but not less than eight hours 

following administration of the test.

    (5) If an employee tested under the provisions of this part has a 

test result indicating an alcohol concentration below 0.02, the test 

must be considered negative and is not evidence of alcohol misuse. A 

railroad may not use a federal test result below 0.02 either as evidence 

in a company proceeding or as a basis for subsequent testing under 

company authority. A railroad may take further action to compel 

cooperation in other breath or body fluid testing only if it has an 

independent basis for doing so.

    (b) Controlled substance. ``Controlled substance'' is defined by 

Sec. 219.5. Controlled substances are grouped as follows: marijuana, 

narcotics (such as heroin and codeine), stimulants (such as cocaine and 

amphetamines), depressants (such as barbiturates and minor 

tranquilizers), and hallucinogens (such as the drugs known as PCP and 

LSD). Controlled substances include illicit drugs (Schedule I), drugs 

that are required to be distributed only by a medical practitioner's 

prescription or other authorization (Schedules II through IV, and some 

drugs on Schedule V), and certain preparations for which distribution is 

through documented over the counter sales (Schedule V only).

    (c) Railroad rules. Nothing in this section restricts a railroad 

from imposing an absolute prohibition on the presence of alcohol or any 

drug in the body fluids of persons in its employ, whether in furtherance 

of the purpose of this part or for other purposes.

    (d) Construction. This section may not be construed to prohibit the 

presence of an unopened container of an alcoholic beverage in a private 

motor vehicle that is not subject to use in the business of the 

railroad; nor may it be construed to restrict a railroad from 

prohibiting such presence under its own rules.