[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: 49CFR219.213]



[Page 227-228]

 

                        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. 219.213  Unlawful refusals; consequences.



    (a) Disqualification. An employee who refuses to cooperate in 

providing breath, blood or urine specimens following an accident or 

incident specified in this subpart must be withdrawn from covered 

service and must be deemed disqualified for covered service for a period 

of nine (9) months in accordance with the conditions specified in Sec. 

219.107.

    (b) Procedures. 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 an opportunity for hearing before a 

presiding officer other than the charging official. The employee is 

entitled to the procedural protection set out in Sec. 219.104(d).

    (c) Subject of hearing. The hearing required by this section must 

determine whether the employee refused to submit to testing, having been 

requested



[[Page 228]]



to submit, under authority of this subpart, by a representative of the 

railroad. In determining whether a disqualification is required, the 

hearing official shall, as appropriate, also consider the following:

    (1) Whether the railroad made a good faith determination, based on 

reasonable inquiry, that the accident or incident was within the 

mandatory testing requirements of this subpart; and

    (2) In a case where a blood test was refused on the ground it would 

be inconsistent with the employee's health, whether such refusal was 

made in good faith and based on medical advice.