[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: 49CFR219.207]



[Page 225]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

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

 

              Subpart C_Post-Accident Toxicological Testing

 

Sec. 219.207  Fatality.



    (a) In the case of an employee fatality in an accident or incident 

described in Sec. 219.201, body fluid and/or tissue specimens must be 

obtained from the remains of the employee for toxicological testing. To 

ensure that specimens are timely collected, the railroad must 

immediately notify the appropriate local authority (such as a coroner or 

medical examiner) of the fatality and the requirements of this subpart, 

making available the shipping kit and requesting the local authority to 

assist in obtaining the necessary body fluid or tissue specimens. The 

railroad must also seek the assistance of the custodian of the remains, 

if a person other than the local authority.

    (b) If the local authority or custodian of the remains declines to 

cooperate in obtaining the necessary specimens, the railroad must 

immediately notify the duty officer at the National Response Center 

(NRC) at (800) 424-8801 or (800) 424-8802 by providing the following 

information:

    (1) Date and location of the accident or incident;

    (2) Railroad;

    (3) Name of the deceased;

    (4) Name and telephone number of custodian of the remains; and

    (5) Name and telephone number of local authority contacted.

    (c) A coroner, medical examiner, pathologist, Aviation Medical 

Examiner, or other qualified professional is authorized to remove the 

required body fluid and/or tissue specimens from the remains on request 

of the railroad or FRA pursuant to this part; and, in so acting, such 

person is the delegate of the FRA Administrator under sections 20107 and 

20108 of title 49, United States Code (but not the agent of the 

Secretary for purposes of the Federal Tort Claims Act (chapter 171 of 

title 28, United States Code). Such qualified professional may rely upon 

the representations of the railroad or FRA representative with respect 

to the occurrence of the event requiring that toxicological tests be 

conducted and the coverage of the deceased employee under this part.

    (d) Appendix C to this part specifies body fluid and tissue 

specimens required for toxicological analysis in the case of a fatality.