[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: 49CFR219.300]



[Page 228]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

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

 

                       Subpart D_Testing for Cause

 

Sec. 219.300  Mandatory reasonable suspicion testing.





    (a) Requirements. (1) A railroad must require a covered employee to 

submit to an alcohol test when the railroad has reasonable suspicion to 

believe that the employee has violated any prohibition of subpart B of 

this part concerning use of alcohol. The railroad's determination that 

reasonable suspicion exists to require the covered employee to undergo 

an alcohol test must be based on specific, contemporaneous, articulable 

observations concerning the appearance, behavior, speech or body odors 

of the employee.

    (2) A railroad must require a covered employee to submit to a drug 

test when the railroad has reasonable suspicion to believe that the 

employee has violated the prohibitions of subpart B of this part 

concerning use of controlled substances. The railroad's determination 

that reasonable suspicion exists to require the covered employee to 

undergo a drug test must be based on specific, contemporaneous, 

articulable observations concerning the appearance, behavior, speech or 

body odors of the employee. Such observations may include indications of 

the chronic and withdrawal effects of drugs.

    (b)(1) With respect to an alcohol test, the required observations 

must be made by a supervisor trained in accordance with Sec. 219.11(g). 

The supervisor who makes the determination that reasonable suspicion 

exists may not conduct testing on that employee.

    (2) With respect to a drug test, the required observations must be 

made by two supervisors, at least one of whom is trained in accordance 

with Sec. 219.11(g).

    (c) Nothing in this section may be construed to require the conduct 

of alcohol testing or drug testing when the employee is apparently in 

need of immediate medical attention.

    (d)(1) If a test required by this section is not administered within 

two hours following the determination under this section, the railroad 

must prepare and maintain on file a record stating the reasons the test 

was not properly administered. If a test required by this section is not 

administered within eight hours of the determination under this section, 

the railroad must cease attempts to administer an alcohol test and must 

state in the record the reasons for not administering the test. Records 

must be submitted to FRA upon request of the FRA Administrator.

    (2) [Reserved]