[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: 49CFR219.209]



[Page 225-226]

 

                        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. 219.209  Reports of tests and refusals.



    (a)(1) A railroad that has experienced one or more events for which 

specimens were obtained must provide prompt telephonic notification 

summarizing such events. Notification must immediately be provided to 

the duty officer at the National Response Center (NRC) at (800) 424-8802 

and to the Office of Safety, FRA, at (202) 493-6313.

    (2) Each telephonic report must contain:

    (i) Name of railroad;

    (ii) Name, title and telephone number of person making the report;

    (iii) Time, date and location of the accident/incident;

    (iv) Brief summary of the circumstances of the accident/incident, 

including basis for testing; and

    (v) Number, names and occupations of employees tested.

    (b) If the railroad is unable, as a result of non-cooperation of an 

employee or for any other reason, to obtain a specimen and cause it to 

be provided to FRA as required by this subpart, the railroad must make a 

concise narrative report of the reason for such failure and, if 

appropriate, any action taken in response to the cause of such failure. 

This report must be appended to the report of the accident/incident 

required to be submitted under Part 225 of this chapter.

    (c) If a test required by this section is not administered within 

four hours following the accident or incident, the railroad must prepare 

and maintain on file a record stating the reasons the test was not 

promptly administered.



[[Page 226]]



Records must be submitted to FRA upon request of the FRA Associate 

Administrator for Safety.