[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR219.213]

[Page 243]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
              Subpart C_Post-Accident Toxicological Testing
 
Sec.  219.213  Unlawful refusals; consequences.

    (a) Disqualification. An employee who refuses to cooperate in 
providing breath, blood or urine specimens following an accident or 
incident specified in this subpart must be withdrawn from covered 
service and must be deemed disqualified for covered service for a period 
of nine (9) months in accordance with the conditions specified in Sec.  
219.107.
    (b) Procedures. Prior to or upon withdrawing the employee from 
covered service under this section, the railroad must provide notice of 
the reason for this action and an opportunity for hearing before a 
presiding officer other than the charging official. The employee is 
entitled to the procedural protection set out in Sec.  219.104(d).
    (c) Subject of hearing. The hearing required by this section must 
determine whether the employee refused to submit to testing, having been 
requested to submit, under authority of this subpart, by a 
representative of the railroad. In determining whether a 
disqualification is required, the hearing official shall, as 
appropriate, also consider the following:
    (1) Whether the railroad made a good faith determination, based on 
reasonable inquiry, that the accident or incident was within the 
mandatory testing requirements of this subpart; and
    (2) In a case where a blood test was refused on the ground it would 
be inconsistent with the employee's health, whether such refusal was 
made in good faith and based on medical advice.