[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: 49CFR219.301]



[Page 228-229]

 

                        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. 219.301  Testing for reasonable cause.



    (a) Authorization. A railroad may, under the conditions specified in 

this subpart, require any covered employee, as a condition of employment 

in covered service, to cooperate in breath or body fluid testing, or 

both, to determine compliance with Sec. Sec. 219.101 and 219.102 or a 

railroad rule implementing the requirements of Sec. Sec. 219.101 and 

219.102. This authority is limited to testing after observations or 

events that occur during duty hours (including any period of overtime or 

emergency service). The provisions of this subpart apply only when, and 

to the extent that, the test in question is conducted in reliance upon 

the authority conferred by this section. Section 219.23 prescribes the 

notice to an employee that is required when an employee is required to 

provide a breath or body fluid specimen under this part. A railroad may 

not require an employee to be tested under the authority of this subpart 

unless reasonable cause, as defined in this section, exists with respect 

to that employee.

    (b) For cause breath testing. In addition to reasonable suspicion as 

described in Sec. 219.300, the following circumstances constitute cause 

for the



[[Page 229]]



administration of alcohol tests under this section:

    (1) [Reserved]

    (2) Accident/incident. The employee has been involved in an accident 

or incident reportable under Part 225 of this chapter, and a supervisory 

employee of the railroad has a reasonable belief, based on specific, 

articulable facts, that the employee's acts or omissions contributed to 

the occurrence or severity of the accident or incident; or

    (3) Rule violation. The employee has been directly involved in one 

of the following operating rule violations or errors:

    (i) Noncompliance with a train order, track warrant, timetable, 

signal indication, special instruction or other direction with respect 

to movement of a train that involves--

    (A) Occupancy of a block or other segment of track to which entry 

was not authorized;

    (B) Failure to clear a track to permit opposing or following 

movement to pass;

    (C) Moving across a railroad crossing at grade without 

authorization; or

    (D) Passing an absolute restrictive signal or passing a restrictive 

signal without stopping (if required);

    (ii) Failure to protect a train as required by a rule consistent 

with Sec. 218.37 of this chapter (including failure to protect a train 

that is fouling an adjacent track, where required by the railroad's 

rules);

    (iii) Operation of a train at a speed that exceeds the maximum 

authorized speed by at least ten (10) miles per hour or by fifty percent 

(50%) of such maximum authorized speed, whichever is less;

    (iv) Alignment of a switch in violation of a railroad rule, failure 

to align a switch as required for movement, operation of a switch under 

a train, or unauthorized running through a switch;

    (v) Failure to apply or stop short of derail as required;

    (vi) Failure to secure a hand brake or failure to secure sufficient 

hand brakes, as required;

    (vii) Entering a crossover before both switches are lined for 

movement; or

    (viii) In the case of a person performing a dispatching function or 

block operator function, issuance of a train order or establishment of a 

route that fails to provide proper protection for a train.

    (c) For cause drug testing. In addition to reasonable suspicion as 

described in Sec. 219.300, each of the conditions set forth in 

paragraphs (b)(2) (``accident/incident'') and (b)(3) (``rule 

violation'') of this section as constituting cause for alcohol testing 

also constitutes cause with respect to drug testing.

    (d) [Reserved]

    (e) Limitation for subpart C events. The compulsory drug testing 

authority conferred by this section does not apply with respect to any 

event subject to post-accident toxicological testing as required by 

Sec. 219.201. However, use of compulsory breath test authority is 

authorized in any case where breath test results can be obtained in a 

timely manner at the scene of the accident and conduct of such tests 

does not materially impede the collection of specimens under Subpart C 

of this part.