[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: 49CFR219.107]



[Page 221]

 

                        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. 219.107  Consequences of unlawful refusal.



    (a) An employee who refuses to provide breath or a body fluid 

specimen or specimens when required to by the railroad under a mandatory 

provision of this part must be deemed disqualified for a period of nine 

(9) months.

    (b) Prior to or upon withdrawing the employee from covered service 

under this section, the railroad must provide notice of the reason for 

this action, and the procedures described in Sec. 219.104(c) apply.

    (c) The disqualification required by this section applies with 

respect to employment in covered service by any railroad with notice of 

such disqualification.

    (d) The requirement of disqualification for nine (9) months does not 

limit any discretion on the part of the railroad to impose additional 

sanctions for the same or related conduct.

    (e) Upon the expiration of the 9-month period described in this 

section, a railroad may permit the employee to return to covered service 

only under the same conditions specified in Sec. 219.104(d), and the 

employee must be subject to follow-up tests, as provided by that 

section.