49 CFR 219.23 - Railroad policies.
(a) Whenever a breath or body fluid test is required of an employee under this part, the railroad (either through a railroad employee or a designated agent, such as a contracted collector) must provide clear and unequivocal written notice to the employee that the test is being required under FRA regulations and is being conducted under Federal authority. The railroad must also provide the employee clear and unequivocal written notice of the type of test that is required (e.g., reasonable suspicion, reasonable cause, random selection, follow-up, etc.). These notice requirements are satisfied if:
(1) For all FRA testing except mandatory post-accident toxicological testing under subpart C of this part, a railroad uses the mandated DOT alcohol or drug testing form, circles or checks off the box corresponding to the type of test, and shows this form to the employee before testing begins; or
(2) For mandatory post-accident toxicological testing under subpart C of this part, a railroad uses the approved FRA form and shows this form to the employee before testing begins.
(b) Use of the mandated DOT alcohol or drug testing forms for non-Federal tests or mandatory post-accident toxicological testing under subpart C of this part is prohibited (except for post-accident breath alcohol testing permitted under § 219.203(c)). Use of the approved FRA post-accident toxicological testing form for any testing other than that mandated under subpart C is prohibited.
(c) Each railroad must develop and publish educational materials, specifically designed for regulated employees that clearly explain the requirements of this part, as well as the railroad's policies and procedures with respect to meeting those requirements. The railroad must ensure that a copy of these materials is distributed to each regulated employee hired for or transferred to a position that requires alcohol and drug testing under this part. (This requirement does not apply to an applicant for a regulated service position who either refuses to provide a specimen for pre-employment testing or who has a pre-employment test with a result indicating a violation of the alcohol or drug prohibitions of this part.) A railroad may satisfy this requirement by either -
(1)
(i) Continually posting the materials in a location that is easily visible to all regulated employees going on duty at their designated reporting place and, if applicable, providing a copy of the materials to any employee labor organization representing a class or craft of regulated employees of the railroad; or
(ii) Providing a copy of the materials in some other manner that will ensure regulated employees can find and access these materials explaining the critical aspects of the program (e.g., by posting the materials on a company Web site that is accessible to all regulated employees); or
(2) For a minimum of three years after June 12, 2017, also ensuring that a hard copy of these materials is provided to each maintenance-of-way employee.
(d)Required content. The materials to be made available to regulated employees under paragraph (c) of this section must, at a minimum, include clear and detailed discussion of the following:
(1) The position title, name, and means of contacting the person(s) the railroad designates to answer employee questions about the materials;
(2) The specific classes or crafts of employees who are subject to the provisions of this part, such as engineers, conductors, MOW employees, signal maintainers, or train dispatchers;
(3) Sufficient information about the regulated service functions those employees perform to make clear that the period of the work day the regulated employee is required to be in compliance with the alcohol prohibitions of this part is that period when the employee is on duty and is required to perform or is available to perform regulated service;
(4) Specific information concerning regulated employee conduct that is prohibited under subpart B of this part (e.g., the minimum requirements of §§ 219.101, 219.102, and 219.103);
(5) The requirement that a railroad utilizing the reasonable cause testing authority provided by subpart E of this part must give prior notice to regulated employees of the circumstances under which they will be subject to reasonable cause testing;
(6) The circumstances under which a regulated employee will be tested under this part;
(7) The procedures used to test for the presence of alcohol and controlled substances, protect the regulated 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 regulated 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 a regulated employee found to have violated subpart B of this part, including the requirement that the employee be removed immediately from regulated service, and the responsive action requirements of § 219.104;
(11) The consequences for a regulated employee who has a Federal alcohol test indicating an alcohol concentration of 0.02 or greater but less than 0.04; and
(12) Information concerning the effects of alcohol and drug misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol or drug problem (the employee's or a co-worker's); and available methods of evaluating and resolving problems associated with the misuse of alcohol and drugs, and the names, addresses, and telephone numbers of DACs and counseling and treatment programs.
(e) 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 any consequences for an employee found to have a specific alcohol concentration that are based on the railroad's company authority independent of this part. Any such additional policies or consequences must be clearly and obviously described as being based on the railroad's independent company authority.
Title 49 published on 07-Sep-2017 04:47
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 219 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-07467 RIN 2130-AC59 Notice No. 3 Docket No. FRA-2016-0021 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Final rule. This final rule is effective April 13, 2017. 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 On July 1, 2016, FRA published two interim final rules to comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. FRA received no comments in response to the interim final rules. This document confirms the July 1, 2016, interim final rules will not be changed and the effective date is August 1, 2016.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-06220 RIN 2130-AC65 Docket No. FRA-2016-0021 Notice No. 2 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Final rule. This final rule is effective April 3, 2017. 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum, maximum, and aggravated maximum penalties it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. FRA is also adjusting the minimum penalty, ordinary maximum penalty, and aggravated maximum penalty that it will apply when assessing a civil monetary penalty for a knowing violation of the Federal hazardous material transportation laws or a regulation, special permit, order, or approval issued under those laws. The aggravated maximum penalty under the hazardous material transportation laws is available only for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-31009 RIN Docket No. FRA-2001-11213, Notice No. 21 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of determination. Effective December 23, 2016. 49 CFR Part 219 This notice of determination provides the FRA Administrator's minimum annual random drug and alcohol testing rates for calendar year 2017.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-15641 RIN 2130-AC59 Notice No. 1 Docket No. FRA-2016-0021 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Interim final rule. This interim final rule is effective August 1, 2016. 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272 To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum, maximum, and aggravated maximum penalties that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. In particular, FRA is increasing the minimum civil penalty per violation from $650 to $839, the ordinary maximum civil penalty per violation from $25,000 to $27,455, and the aggravated maximum civil penalty ( i.e., the maximum civil penalty per violation where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury or has caused death or injury) from $105,000 to $109,819.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-13058 RIN 2130-AC10 Docket No. FRA-2009-0039, Notice No. 3 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Final rule. This rule is effective June 12, 2017. Petitions for reconsideration must be received on or before August 9, 2016. Petitions for reconsideration will be posted in the docket for this proceeding. Comments on any submitted petition for reconsideration must be received on or before September 13, 2016. 49 CFR Part 219 In response to Congress' mandate in the Rail Safety Improvement Act of 2008 (RSIA), FRA is expanding the scope of its drug and alcohol regulation to cover MOW employees. This rule also codifies guidance from FRA compliance manuals, responds to National Transportation Safety Board (NTSB) recommendations, and adopts substantive amendments based upon FRA's regulatory review of 30 years of implementation of this part. The final rule contains two significant differences from FRA's July 28, 2014 Notice of Proposed Rulemaking (NPRM). First, it adopts part 214's definition of “roadway worker” to define “MOW employee” under this part. Second, because FRA has withdrawn its proposed peer support requirements, subpart K contains a revised version of the troubled employee identification requirements previously in subpart E.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-32544 RIN Docket No. FRA-2001-11213, Notice No. 20 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of determination. This notice of determination is effective December 28, 2015. 49 CFR Part 219 This notice of determination provides the FRA Administrator's minimum annual random drug and alcohol testing rates for calendar year 2016.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-16531 RIN Docket No. FRA-2001-11213, Notice No. 19 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Final rule. This document is effective July 7, 2015. 49 CFR Part 219 This document announces that FRA will begin reporting post-accident toxicological test results for tramadol to the employee and the railroad Medical Review Officers. FRA will also begin including post-accident toxicological test results for tramadol in its post-accident toxicology reports. Because tramadol was not a controlled substance when FRA began testing for it, FRA has kept post-accident toxicological test results for tramadol confidential.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-29747 RIN Docket No. FRA-2001-11213, Notice No. 18 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of determination. This notice of determination is effective December 19, 2014. 49 CFR Part 219 This notice of determination provides the FRA Administrator's minimum annual random drug and alcohol testing rates for calendar year 2015. According to data from FRA's Management Information System, the rail industry's random drug testing positive rate has remained below 1.0 percent for the last two years. FRA's Administrator has therefore determined that the minimum annual random drug testing rate for the period January 1, 2015 through December 31, 2015, will remain at 25 percent of covered railroad employees. In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2015 through December 31, 2015. Railroads remain free, as always, to conduct random testing at higher rates.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-22768 RIN 2130-AC10 Docket No. FRA-2009-0039 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of proposed rulemaking; extension of comment period. The comment period for the NPRM published on July 28, 2014 (79 FR 43830), which was closing on September 26, 2014, is extended until November 25, 2014. 49 CFR Part 219 On July 28, 2014, FRA published an NPRM proposing to expand the scope of its alcohol and drug regulations to cover employees who perform maintenance-of-way (MOW) activities and certain additional substantive amendments. This document provides notice that FRA is extending the comment period for this NPRM by 60 days.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-17195 RIN 2130-AC10 Docket No. FRA-2009-0039 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of proposed rulemaking (NPRM). Comments: Submit comments on or before September 26, 2014. Public Hearing: FRA anticipates being able to resolve this rulemaking without a public, oral hearing. However, if FRA receives a specific request for a public, oral hearing prior to August 27, 2014, one will be scheduled and FRA will publish a supplemental notice in the Federal Register to inform interested parties of the date, time, and location of any such hearing. 49 CFR Part 219 In response to Congress' mandate in the Rail Safety Improvement Act of 2008 (RSIA), FRA is proposing to expand the scope of its alcohol and drug regulations to cover employees who perform maintenance-of-way (MOW) activities. In addition, FRA is proposing certain substantive amendments that either respond to National Transportation Safety Board (NTSB) recommendations or update and clarify the alcohol and drug regulations based on a retrospective regulatory review (RRR) analysis.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-30806 RIN Docket No. FRA-2001-11213, Notice No. 17 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of determination. This notice of determination is effective December 26, 2013. 49 CFR Part 219 According to data from FRA's Management Information System, the rail industry's random drug testing positive rate has remained below 1.0 percent for the last two years. FRA's Administrator has therefore determined that the minimum annual random drug testing rate for the period January 1, 2014, through December 31, 2014, will remain at 25 percent of covered railroad employees. In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2014, through December 31, 2014. Railroads remain free, as always, to conduct random testing at higher rates.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-05010 RIN 2130-AC24 Docket No. FRA-2010-0155 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Final rule. This rule is effective on May 6, 2013. Petitions for reconsideration must be received on or before May 6, 2013. Petitions for reconsideration will be posted in the docket for this proceeding. Comments on any submitted petition for reconsideration must be received on or before June 18, 2013. 49 CFR Part 219 In 1985, FRA implemented a post-accident toxicological testing (post-accident testing) program to test railroad employees who had been involved in serious train accidents for alcohol and certain controlled substances (marijuana, cocaine, phencyclidine (PCP), and selected opiates, amphetamines, barbiturates, and benzodiazepines). This final rule adds certain non-controlled substances with potentially impairing side effects to its standard post-accident testing panel. The non-controlled substances include tramadol and sedating antihistamines. This final rule makes clear that FRA intends to keep the post-accident test results for these non-controlled substances confidential while it continues to obtain and analyze data on the extent to which prescription and over-the-counter (OTC) drug use by railroad employees potentially affects rail safety.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-30999 RIN Docket No. FRA-2001-11213, Notice No. 16 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of determination. This notice of determination is effective December 26, 2012. 49 CFR Part 219
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-11969 RIN 2130-AC24 Docket No. FRA-2010-0155 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Notice of proposed rulemaking (NPRM). Submit comments on or before July 16, 2012. 49 CFR Part 219 Since 1985, FRA has conducted post-accident toxicological testing (post-accident testing) on blood, urine, and, if an employee is deceased, tissue samples from railroad employees involved in serious train accidents. If an accident qualifies for post-accident testing, FRA routinely conducts tests for alcohol, marijuana, cocaine, phencyclidine (PCP), and certain amphetamines, opiates, barbiturates, and benzodiazepines. FRA is proposing to add certain potentially impairing non-controlled substances to its standard post-accident testing panel because FRA's research indicates that use of prescription and over-the-counter (OTC) drugs, most of which are non-controlled substances, is prevalent among railroad employees.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-9709 RIN 2130-AB94 Docket No. FRA-2004-17529 Notice No. 8 DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration Final rule. This final rule is effective June 25, 2012. 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, and 244 To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, FRA is adjusting the aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. In particular, FRA is increasing the aggravated maximum civil penalty ( i.e., the maximum civil penalty per violation where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury or has caused death or injury) from $100,000 to $105,000. The current minimum civil penalty per violation of $650 and the current ordinary maximum civil penalty per violation of $25,000 remain the same.