[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR219.23]



[Page 220-221]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

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

 

                            Subpart A_General

 

Sec.  219.23  Railroad policies.



    (a) Whenever a breath or body fluid test is required of an employee 

under this part, the railroad must provide clear and unequivocal written 

notice to the employee that the test is being required under FRA 

regulations. Use of the mandated DOT form for drug or alcohol testing 

satisfies the requirements of this paragraph (a).

    (b) Whenever a breath or body fluid test is required of an employee 

under this part, the railroad must provide clear, unequivocal written 

notice of the basis or bases upon which the test is required (e.g., 

reasonable suspicion, violation of a specified operating/safety rule 

enumerated in subpart D of this part, random selection, follow-up, 

etc.). Completion of the DOT alcohol or drug testing form indicating the 

basis of the test (prior to providing a copy to the employee) satisfies 

the requirement of this paragraph (b). Use of the DOT form for non-

Federal tests is prohibited.

    (c) Use of approved forms for mandatory post-accident toxicological 

testing under subpart C of this part provides the notifications required 

under this section with respect to such tests. Use of those forms for 

any other test is prohibited.

    (d) Each railroad must provide educational materials that explain 

the requirements of this part, and the railroad's policies and 

procedures with respect to meeting those requirements.

    (1) The railroad must ensure that a copy of these materials is 

distributed



[[Page 221]]



to each covered employee prior to the start of alcohol testing under the 

railroad's alcohol misuse prevention program and to each person 

subsequently hired for or transferred to a covered position.

    (2) Each railroad must provide written notice to representatives of 

employee organizations of the availability of this information.

    (e) Required content. The materials to be made available to 

employees must include detailed discussion of at least the following:

    (1) The identity of the person designated by the railroad to answer 

employee questions about the materials.

    (2) The classes or crafts of employees who are subject to the 

provisions of this part.

    (3) Sufficient information about the safety-sensitive functions 

performed by those employees to make clear that the period of the work 

day the covered employee is required to be in compliance with this part 

is that period when the employee is on duty and is required to perform 

or is available to perform covered service.

    (4) Specific information concerning employee conduct that is 

prohibited under subpart B of this part.

    (5) In the case of a railroad utilizing the accident/incident and 

rule violation reasonable cause testing authority provided by this part, 

prior notice (which may be combined with the notice required by 

Sec. Sec.  219.601(d)(1) and 219.607(d)(1)), to covered employees of the 

circumstances under which they will be subject to testing.

    (6) The circumstances under which a covered employee will be tested 

under this part.

    (7) The procedures that will be used to test for the presence of 

alcohol and controlled substances, protect the employee and the 

integrity of the testing processes, safeguard the validity of the test 

results, and ensure that those results are attributed to the correct 

employee.

    (8) The requirement that a covered employee submit to alcohol and 

drug tests administered in accordance with this part.

    (9) An explanation of what constitutes a refusal to submit to an 

alcohol or drug test and the attendant consequences.

    (10) The consequences for covered employees found to have violated 

Subpart B of this part, including the requirement that the employee be 

removed immediately from covered service, and the procedures under Sec.  

219.104.

    (11) The consequences for covered employees found to have an alcohol 

concentration of .02 or greater but less than .04.

    (12) Information concerning the effects of alcohol misuse on an 

individual's health, work, and personal life; signs and symptoms of an 

alcohol problem (the employee's or a coworker's); and available methods 

of evaluating and resolving problems associated with the misuse of 

alcohol, including utilization of the procedures set forth in subpart E 

of this part and the names, addresses, and telephone numbers of 

substance abuse professionals and counseling and treatment programs.

    (f) Optional provisions. The materials supplied to employees may 

also include information on additional railroad policies with respect to 

the use or possession of alcohol and drugs, including any consequences 

for an employee found to have a specific alcohol concentration, that are 

based on the railroad's authority independent of this part. Any such 

additional policies or consequences must be clearly and obviously 

described as being based on independent authority.