[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: 49CFR219.103]



[Page 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. 219.103  Prescribed and over-the-counter drugs.



    (a) This subpart does not prohibit the use of a controlled substance 

(on Schedules II through V of the controlled substance list) prescribed 

or authorized by a medical practitioner, or possession incident to such 

use, if--

    (1) The treating medical practitioner or a physician designated by 

the railroad has made a good faith judgment, with notice of the 

employee's assigned duties and on the basis of the available medical 

history, that use of the substance by the employee at the prescribed or 

authorized dosage level is consistent with the safe performance of the 

employee's duties;

    (2) The substance is used at the dosage prescribed or authorized; 

and

    (3) In the event the employee is being treated by more than one 

medical practitioner, at least one treating medical practitioner has 

been informed of all medications authorized or prescribed and has 

determined that use of the medications is consistent with the safe 

performance of the employee's duties (and the employee has observed any 

restrictions imposed with respect to use of the medications in 

combination).

    (b) This subpart does not restrict any discretion available to the 

railroad to require that employees notify the railroad of therapeutic 

drug use or obtain prior approval for such use.