[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: 49CFR219.501]



[Page 235-236]

 

                        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.  219.501  Pre-employment drug testing.





    (a) Prior to the first time a covered employee performs covered 

service for a railroad, the employee must undergo testing for drugs. No 

railroad may allow a covered employee to perform covered service, unless 

the employee has been administered a test for drugs with a result that 

did not indicate the misuse of controlled substances. This requirement 

applies to final applicants for employment and to employees seeking to 

transfer for the first time from non-covered service to duties involving 

covered service.



[[Page 236]]



    (b) As used in subpart H of this part with respect to a test 

required 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.