[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: 49CFR219.23]

[Page 232-234]
 
                        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

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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 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

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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.