[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: 49CFR240.205]



[Page 763]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

 

          Subpart C_Implementation of the Certification Process

 

Sec.  240.205  Procedures for determining eligibility based on prior 



safety conduct.



    (a) After the pertinent date specified in paragraph (e), (f), or (g) 

of Sec.  240.201, each railroad, prior to initially certifying or 

recertifying any person as an engineer for any class of service, shall 

determine that the person meets the eligibility requirements of Sec.  

240.115 involving prior conduct as a motor vehicle operator, Sec.  

240.117 involving prior conduct as a railroad worker, and Sec.  240.119 

involving substance abuse disorders and alcohol/drug rules compliance.

    (b) In order to make the determination required under paragraph (a) 

of this section, a railroad shall have on file documents pertinent to 

the determinations referred to in paragraph (a) of this section, 

including a written document from its EAP Counselor either a document 

reflecting his or her professional opinion that the person has been 

evaluated as not currently affected by a substance abuse disorder or 

that the person has been evaluated as affected by an active substance 

abuse disorder and is ineligible for certification.