PART 219—CONTROL OF ALCOHOL AND DRUG USE
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Controlled substance has the meaning assigned by 21 U.S.C. 802, and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR parts 1301–1316)
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Covered service means service in theUnited States that is subject to thehours of service laws at 49 U.S.C. 21103,21104, or 21105, but does not include anyperiod the employee is relieved of allresponsibilities and is free to come andgo without restriction.
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DOT Agency means an agency (or‘‘operating administration’’) of theUnited States Department of Transportationadministering regulations requiringalcohol or controlled substancetesting (14 CFR parts 61, 63, 65, 121 and135; 49 CFR parts 199, 219, 382 and 655) inaccordance with part 40 of this title
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Drug means any substance (otherthan alcohol) that has known mind- orfunction-altering effects on a humansubject, specifically including anypsychoactive substance and including,but not limited to, controlled substances
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General railroad system of transportationmeans the general railroad systemof transportation in the UnitedStates.
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Hazardous material means a commoditydesignated as a hazardous materialby part 172 of this title.
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Independent with respect to a medical facility, means not under the owner shipor control of the railroad and noT  Operated or staffed by a salaried officer or employee of the railroad. The fact that the railroad pays for services rendered by a medical facility or laboratory,selects that entity for performing tests under this part, or has a standing contractual relationship with that entity to perform tests under this part or perform other medical examinations or tests of railroad employees does not, by itself, remove the facility from this definition
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Non-controlled substance means any substance (including prescription medications,over-the-counter products, dietary supplements, and herbal preparations)which is not currently regulated under 21 U.S.C. 801–971 or 21 CFR part 1308.
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NTSB MEANS NATIONAL TRANSPORTATION SAFETY BOARD
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Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under this part plus the number of refusals of random drug tests required by this part, divided by the total number of random drug tests results(i.e., positives, negatives, and refusals)under this part
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Railroad property damage or damage to railroad property refers to damage to railroad property, including railroad on-track equipment, signals, track,track structures (including bridges and tunnels), or roadbed, including labor costs and all other costs for repair or replacement in kind. Estimated cost for replacement of railroad property must be calculated as described in the FRA Guide for Preparing Accident/Incident Reports. (See § 225.21 of this chapter.) However, replacement of passenger equipment is calculated based on the cost of acquiring a new unit for comparable service.
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Violation rate for random alcohol testing means the number of 0.04 and above random alcohol confirmation test results conducted under this part plus the number of refusals of random alcohol tests required by this part, divided by the total number of random alcohol screening tests (including refusals)conducted under this part
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A person subject to a requirement of this part may petition the FRA for a waiver of compliance with such requirement.
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Where an employee of one railroad is required to participate in breath or body fluid testing under subpart C or D of this part and is subsequently subject to adverse action alleged to have arisen out of the required test (or alleged refusal thereof), necessary witnesses and documents available to the other railroad must be made available to the employee on a reasonable basis
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In any case where an employee has sustained a personal injury and is subject to alcohol or drug testing under this part, necessary medical treatment must be accorded priority over provision of the breath or body fluid specimen(s)
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Any railroad employee who performs service for a railroad is deemed to have consented to removal of body fluid and/or tissue specimens necessary for toxicological analysis from the remains of such employee, if such employee dies within 12 hours of an accident or incident described in subpart C of this part as a result of such event.This consent is specifically required of employees not in covered service, as well as employees in covered service
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Each supervisor responsible for covered employees (except a working supervisor within the definition of coworker under this part) must be trained in the signs and symptoms of alcohol and drug influence, intoxication and misuse consistent with a program of instruction to be made available for inspection upon demand by FRA. Such a program shall, at a minimum,provide information concerning the acute behavioral and apparent physiological effects of alcohol and the major drug groups on the controlled substances list. The program must also provide training on the qualifying criteria for post-accident testing contained in subpart C of this part, and the role of the supervisor in post-accident collections described in subpart Can d appendix C of this part. The duration of such training may not be less than 3 hours.
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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
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No employee may use or possess alcohol or any controlled substance while assigned by a railroad to perform covered service.
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No employee may report for covered service, or go or remain on duty in covered service while
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No employee may use alcohol for whichever is the lesser of the following periods:(i) Within four hours of reporting for covered service; or(ii) After receiving notice to report for covered service.
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railroad may not use a federal test result below 0.02 either as evidence in a company proceeding or as a basis for subsequent testing under company authority. A railroad may take further action to compel cooperation in other breath or body fluid testing only if it has an independent basis for doing so.
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Controlled substance. ‘‘Controlled substance’’ is defined by § 219.5. Controlled substances are grouped as follows:marijuana, narcotics (such as heroin and codeine), stimulants (such as cocaine and amphetamines), depressants(such as barbiturates and minor tranquilizers), and hallucinogens (such as the drugs known as PCP and LSD).Controlled substances include illicit drugs (Schedule I), drugs that are required to be distributed only by a medical practitioner’s prescription or other authorization (Schedules II through IV,and some drugs on Schedule V), and certain preparations for which distribution is through documented over the counter sales (Schedule V only).
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Railroad rules. Nothing in this section restricts a railroad from imposing an absolute prohibition on the presence of alcohol or any drug in the body fluids of persons in its employ, whether in furtherance of the purpose of this part or for other purposes
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No employee who performs covered service may use a controlled substance at any time, whether on duty or off duty, except as permitted by § 219.103
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The treating medical practitioner or a physician designated by the railroad has made a good faith judgment,with notice of the employee’s assigned duties and on the basis of the available medical history, that use of the substance by the employee at the prescribed or authorized dosage level is consistent with the safe performance of the employee’s duties
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Removal from covered service. (1) If the railroad determines that an employee has violated § 219.101 or § 219.102,or the alcohol or controlled substances misuse rule of another DOT agency,the railroad must immediately remove the employee from covered service and the procedures described in paragraphs(b) through (e) of this section apply
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Notice. Prior to or upon withdrawing the employee from covered service under this section, the railroad must provide notice to the employee of the reason for this action
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Hearing procedures. (1) If the employee denies that the test result is valid evidence of alcohol or drug use prohibited by this subpart, the employee may demand and must be provided an opportunity for a prompt post-suspension hearing before a presiding officer other than the charging official. This hearing may be consolidated with any disciplinary hearing arising from the same accident or incident(or conduct directly related thereto),but the presiding officer must make separate findings as to compliance with §§ 219.101 and 219.102
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(a) An employee who refuses to provide breath or a body fluid specimen or specimens when required to by the railroad under a mandatory provision of this part must be deemed disqualified for a period of nine (9) months
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Major train accident. Any train accident(i.e., a rail equipment accident involving damage in excess of the current reporting threshold)
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Fatal train incident. Any train incident that involves a fatality to any on-duty railroad employee
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Passenger train accident. Reportable injury to any person in a train accident(i.e., a rail equipment accident involving damage in excess of the current reporting threshold) involving a passenger train.
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Good faith determinations. (1)(i)The railroad representative responding to the scene of the accident/incident must determine whether the accident/incident falls within the requirements of paragraph (a) of this section or is within the exception described in paragraph(b) of this section. It is the duty of the railroad representative to make reasonable inquiry into the facts as necessary to make such determinations.In making such inquiry, the railroad representative must consider the need to obtain specimens as soon as practical in order to determine the presence or absence of impairing substances reasonably contemporaneous with the accident/incident. The railroad representative satisfies the requirement of this section if, after making reasonable inquiry, the representative exercises good faith judgement in making the required determinations
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Timely specimen collection. (1) The railroad must make every reasonable effort to assure that specimens are provided as soon as possible after the accident or incident.
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Place of specimen collection. (1) Employees must be transported to an independent medical facility where the specimens must be obtained. The railroad must pre-designate for such testing one or more such facilities in reasonable proximity to any location where the railroad conducts operations.Designation must be made on the basis of the willingness of the facility to conduct specimen collection and the ability of the facility to complete specimen collection promptly, professionally,and in accordance with pertinent requirements of this part. In all cases blood may be drawn only by a qualified medical professional or by a qualified technician subject to the supervision of a qualified medical professional.
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Documentation of breath test results must be made available to FRA consistent with the requirements of this subpart, and the technical specifications
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In the case of an employee fatality in an accident or incident described in § 219.201, body fluid and/or tissue specimens must be obtained from there mains of the employee for toxicological testing. To ensure that specimens are timely collected, the railroad must immediately notify the appropriate local authority (such as a coroner or medical examiner) of the fatality and the requirements of this subpart,making available the shipping kit and requesting the local authority to assist in obtaining the necessary body fluid or tissue specimens. The railroad must also seek the assistance of the custodian of the remains, if a person other than the local authority.
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If the railroad is unable, as a result of non-cooperation of an employee or for any other reason, to obtain a specimen and cause it to be provided toFRA as required by this subpart, the railroad must make a concise narrative report of the reason for such failure and, if appropriate, any action taken in response to the cause of such failure.This report must be appended to the report of the accident/incident required to be submitted under part 225 of this chapter.
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(c) If a test required by this section is not administered within four hours following the accident or incident, the railroad must prepare and maintain on file a record stating the reasons the test was not promptly administered.Records must be submitted to FRA upon request of the FRA Associate Administrator for Safety
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Disqualification. An employee whore fuses 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 bedeemed disqualified for covered service for a period of nine (9) months in accordance with the conditions specified in § 219.107.
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No employee may be required to participate in alcohol or drug testing under this section after the expiration of an eight-hour period from—(1) The time of the observations or other events described in this section;or(2) In the case of an accident/incident,the time a responsible railroad supervisor receives notice of the event providing re
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policy designed to encourage and facilitate the identification of those covered employees who abuse alcohol or drugs as a part of a treatable condition and to ensure that such employees are provided the opportunity to obtain counseling or treatment before those problems manifest themselves in detected violations of this part (hereafter‘‘voluntary referral policy’’); and(2) A policy designed to foster employee participation in preventing violations of this subpart and encourage co-worker participation in the direct enforcement of this part (hereafter‘‘co-worker report policy’’).
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Employment relationship. A coworker report policy must provide that a covered employee may maintain an employment relationship with the railroad following an alleged first offense under this part or the railroad’s alcohol and drug rules, subject to the conditions and procedures contained in this section.
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Prior to the first time a covered employee performs covered service fora railroad, the employee must undergo testing for drugs
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railroad may, but is not required to, conduct pre-employment alcohol testing under this part. If a railroad chooses to conduct pre-employment alcohol testing
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An applicant who has refused to submitto pre-employment testing under this section may not be employed in covered service based upon the application and examination with respect to which such refusal was made. This section does not create any right on the part of the applicant to have a subsequent application considered; nor does it restrict the discretion of the railroad to entertain a subsequent application for employment from the same person
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The program must select for testing a sufficient number of employees so that, during the first 12 months—A railroad commencing operations must submit a random testing program 60 days after doing so. The railroad must implement its approved random testing program not later than the expiration of 60 days from approval by the Administrator
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Except as provided in paragraphs(b) through (d) of this section, the minimum annual percentage rate for random drug testing must be 50 percent of covered employees.
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Procedures for administrative handling by the railroad in the event a specimen provided under this subpart is reported as positive by the MRO a reset forth in § 219.104. The responsive action required in § 219.104 is not stayed pending the result of a retest or split specimen test
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Except as provided in paragraphs(b) through (d) of this section, the minimum annual percentage rate for random alcohol testing must be 25 percent of covered employees.
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Each railroad must make available copies of all results for railroad alcohol and drug testing programs conducted under this part and any other information pertaining to the railroad’s alcohol and drug misuse prevention program, when requested by the Secretary of Transportation or any DOT agency with regulatory authority over the railroad or covered employee
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