[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: 49CFR219.502] [Page 233] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents Subpart F_Pre-Employment Tests Sec. 219.502 Pre-employment alcohol testing. (a) A railroad may, but is not required to, conduct pre-employment alcohol testing under this part. If a railroad chooses to conduct pre- employment alcohol testing, the railroad must comply with the following requirements: (1) It must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions). (2) It must treat all safety-sensitive employees performing safety- sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., it must not test some covered employees and not others). (3) It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test. (4) It must conduct all pre-employment alcohol tests using the alcohol testing procedures of part 40 of this title. (5) It must not allow a covered employee to begin performing safety- sensitive functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04. (b) As used in subpart H of this part, with respect to a test authorized under this subpart, the term covered employee includes an applicant for pre-employment testing only. In the case of an applicant who declines to be tested and withdraws the application for employment, no record may be maintained of the declination.