FRA Compliance

The Federal Railroad Administration (FRA) regulation is 49 CFR Part 219 


Covered employee: A person who performs hours of service functions at a rate sufficient to be placed into the railroad’s random testing program. Categories of personnel who normally perform these functions are locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators, and train dispatchers.

Types of tests for drugs

Pre-employment, random, reasonable suspicion, reasonable cause, post-accident, return-to-duty, and follow-up.

Types of tests for alcohol

Pre-employment (optional), random, reasonable suspicion, reasonable cause, post-accident, return-to-duty, and follow-up.

Definition of accident requiring testing

FRA’s post-accident rule says to collect urine and blood from surviving employees and tissue from the deceased. Also, for living employees, collections must happen at an outside medical site, not through standard Part 40 steps. Next, FRA rule 49 CFR Part 219 Subpart C explains what events need tests and which workers must be tested. Then, the samples go only to FRA’s lab for analysis. Post-accident tests help FRA study causes and drug use data.

Reasonable-suspicion determination

One trained supervisor can make the decision for alcohol testing based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. A decision to conduct a drug test requires two supervisors (only the on-site supervisor must be trained).

Reasonable-cause determination

Employers are authorized to use federal authority to test covered employees after specific operating rule violations or accidents/incidents which meet the criteria in 49 CFR Part 219 Subpart D.

Pre-duty alcohol use prohibitions

Four (4) hours prior to performance of duty or after receiving notice to report for covered service, whichever is the shorter period.

 Actions for BACs 0.02 – 0.039

The employee cannot be returned to duty until the start of the employee’s next regularly scheduled duty period, but not less than 8 hours following the test. Railroads are prohibited from taking further disciplinary action under their own authority.

Employee training

Employer must provide education materials that explain the requirements of the FRA rules as well as railroad policies and procedures with respect to meeting these requirements.

Supervisor training

A total of three hours of training is required: one-hour on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use; one- hour of similar training on probable indicators of alcohol use; and one-hour of training on how to determine if an accident qualifies for post-accident testing.

Reportable employee drug and alcohol violations

There are no rules to report violations to FRA directly. However, engineers must face review by their employer. When a FRA rule is broken, the employer checks if the engineer’s certificate needs suspension or revocation. Also, FRA sees 0.04% or more alcohol as a violation for engineers under its rules. If an engineer joins a help program, the counselor must report if the engineer refuses to follow the treatment plan.

Other

Anyone who directly supervises an employee may not collect that person’s urine, saliva, or breath samples.

Moreover, refusal to test leads to a required nine-month removal from covered service without exception. However, during those nine months, the employee may still work non-covered jobs if the employer agrees.

Meanwhile, locomotive engineers with alcohol or drug violations must complete both return-to-duty tests. They also need both alcohol and drug follow-up tests before returning to their duties.

Locomotive engineers with a DUI must get evaluated under Part 240 for a substance abuse disorder. However, if the DUI happened off-duty, it is not a violation of FRA rules. Therefore, the employer must decide about any testing after an off-duty DUI.

Additionally, employers must offer a voluntary referral program for employees needing help. Likewise, a co-worker report program allows one worker to refer another for treatment. These programs help employees seek help before the company sees a problem. Moreover, both programs promise job security if the employee follows and completes rehab. Still, if the employee refuses the recommended treatment, the counselor must inform the employer. In conclusion, engineers in voluntary programs must fully cooperate to keep their job position.