[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: 49CFR219.302]



[Page 229-230]

 

                        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. 219.302  Prompt specimen collection; time limitation.



    (a) Testing under this subpart may only be conducted promptly 

following the observations or events upon which the testing decision is 

based, consistent with the need to protect life and property.

    (b) No employee may be required to participate in alcohol or drug 

testing under this section after the expiration of an eight-hour period 

from--

    (1) The time of the observations or other events described in this 

section; or

    (2) In the case of an accident/incident, the time a responsible 

railroad supervisor receives notice of the event providing reasonable 

cause for conduct of the test.

    (c) An employee may not be tested under this subpart if that 

employee has been released from duty under the normal procedures of the 

railroad. An employee who has been transported to receive medical care 

is not released from duty for purposes of this section. Nothing in this 

section prohibits the subsequent testing of an employee who has failed 

to remain available for testing as required (i.e., who is absent without 

leave).



[[Page 230]]



    (d) As used in this subpart, a ``responsible railroad supervisor'' 

means any responsible line supervisor (e.g., a trainmaster or road 

foreman of engines) or superior official in authority over the employee 

to be tested.

    (e) In the case of a drug test, the eight-hour requirement is 

satisfied if the employee has been delivered to the collection site 

(where the collector is present) and the request has been made to 

commence collection of the drug testing specimens within that period.

    (f) [Reserved]

    (g) Section 219.23 prescribes the notice to an employee that is 

required to provide breath or a body fluid specimen under this part.