[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: 49CFR219.105]



[Page 220]

 

                        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. 219.105  Railroad's duty to prevent violations.



    (a) A railroad may not, with actual knowledge, permit an employee to 

go or remain on duty in covered service in violation of the prohibitions 

of Sec. 219.101 or Sec. 219.102. As used in this section, the 

knowledge imputed to the railroad must be limited to that of a railroad 

management employee (such as a supervisor deemed an ``officer,'' whether 

or not such person is a corporate officer) or a supervisory employee in 

the offending employee's chain of command.

    (b) A railroad must exercise due diligence to assure compliance with 

Sec. Sec. 219.101 and 219.102 by each covered employee.



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