DOT 49 CFR PART 219-2010 CONTROL OF ALCOHOL AND DRUG USE.pdf

1、232 49 CFR Ch. II (10110 Edition) Pt. 219 evaluation summary of the factors consid-ered and shall provide the railroad with agreed upon parameters by which the cam-era-assisted remote control operation may continue in operation if the factors required for suitability change; thus, any change in the

2、factors considered by the diagnostic team outside of the acceptable parameters shall require the railroad to receive a revised evaluation approval from a diagnostic team before continuing any such operation. In ad-dition, any of the Federal, State, or local governmental authorities may trigger re-vi

3、ew of a prior evaluation approval at any time there is a question of the suitability of the operation. It is possible that, of the re-quirements listed below, requirements num-bered 2, 4, 5, and 6 would be unnecessary at highway-rail grade crossings or yard access crossings equipped with approved su

4、pple-mental safety devices (see 49 CFR part 222, app. A) that prevent motorists from driving around lowered gates; under such cir-cumstances, the diagnostic team shall make such determinations. If a Crossing Diag-nostic Team, as described in this paragraph, evaluated a crossing for the factors descr

5、ibed herein, prior to April 14, 2008, another diag-nostic team evaluation is not required to comply with this rule; however, the require-ments listed below shall still apply to any such remotely controlled movements over that crossing. 2. Camera-assisted remote control loco-motive operations shall o

6、nly be permitted at crossings equipped with flashing lights, gates, and constant warning time train de-tection systems where appropriate, based on train speeds. 3. A crewmember or other qualified em-ployee shall not view the monitor in place of the remote control operator, as is permitted for other

7、shoving or pushing movements. See 218.99(b)(3). For purposes of remote control locomotive operations with camera/monitor setups to protect the point at highway-rail grade crossings, pedestrian crossings, and yard access crossings, the remote control op-erator controlling the movement shall view the

8、monitor during such operations. 4. The cameras shall be arranged to give the remote control locomotive operator con-trolling the movement a view of the rail ap-proaches to the crossing from each direction so that the operator can accurately judge the end of the movements proximity to the crossing. 5

9、. The cameras shall be arranged to give the remote control locomotive operator a clear view to determine the speed and driver behavior (e.g., driving erratically) of any ap-proaching motor vehicles. 6. Either the camera resolution shall be sufficient to determine whether the flashing lights and gate

10、s are working as intended or the crossing shall be equipped with a remote health monitoring system that is capable of notifying the remote control locomotive op-erator immediately if the flashing lights and gates are not working as intended. 7. The railroad shall notify the Associate Administrator f

11、or Safety in writing when this type of protection has been installed and activated at a crossing. III. CONCLUSION The technology used to aid point protec-tion will undoubtedly develop and improve over time. FRA encourages the use and de-velopment of this technology as is evidenced by the option in t

12、his rule to utilize such technology. Meanwhile, as a regulating body, FRA cannot determine whether a new tech-nology to aid point protection provides an equivalent level of protection to that of a di-rect visual determination unless we are made aware of the new technology. Con-sequently, aside from

13、the camera/monitor setups described in this appendix, each rail-road that intends to implement a technology used to aid point protection shall notify the Associate Administrator for Safety in writ-ing of the technology to be used prior to im-plementation. 73 FR 8504, Feb. 13, 2008 PART 219CONTROL OF

14、 ALCOHOL AND DRUG USE Subpart AGeneral Sec. 219.1 Purpose and scope. 219.3 Application. 219.4 Recognition of a foreign railroads workplace testing program. 219.5 Definitions. 219.7 Waivers. 219.9 Responsibility for compliance. 219.11 General conditions for chemical tests. 219.13 Preemptive effect. 2

15、19.15 Reserved 219.17 Construction. 219.19 Reserved 219.21 Information collection. 219.23 Railroad policies. Subpart BProhibitions 219.101 Alcohol and drug use prohibited. 219.102 Prohibition on abuse of controlled substances. 219.103 Prescribed and over-the-counter drugs. 219.104 Responsive action.

16、 219.105 Railroads duty to prevent viola-tions. 219.107 Consequences of unlawful refusal. Subpart CPost-Accident Toxicological Testing 219.201 Events for which testing is required. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on D

17、SK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-233 Federal Railroad Administration, DOT 219.3 219.203 Responsibilities of railroads and em-ployees. 219.205 Specimen collection and handling. 219.206 FRA access to breath test res

18、ults. 219.207 Fatality. 219.209 Reports of tests and refusals. 219.211 Analysis and follow-up. 219.213 Unlawful refusals; consequences. Subpart DTesting for Cause 219.300 Mandatory reasonable suspicion testing. 219.301 Testing for reasonable cause. 219.302 Prompt specimen collection; time limitation

19、. Subpart EIdentification of Troubled Employees 219.401 Requirement for policies. 219.403 Voluntary referral policy. 219.405 Co-worker report policy. 219.407 Alternate policies. Subpart FPre-Employment Tests 219.501 Pre-employment drug testing. 219.502 Pre-employment alcohol testing. 219.503 Notific

20、ation; records. 219.505 Refusals. Subpart GRandom Alcohol and Drug Testing Programs 219.601 Railroad random drug testing pro-grams. 219.602 FRA Administrators determination of random drug testing rate. 219.603 Participation in drug testing. 219.605 Positive drug test results; proce-dures. 219.607 Ra

21、ilroad random alcohol testing pro-grams. 219.608 FRA Administrators determination of random alcohol testing rate. 219.609 Participation in alcohol testing. 219.611 Test result indicating prohibited al-cohol concentration; procedures. Subpart HDrug and Alcohol Testing Procedures 219.701 Standards for

22、 drug and alcohol test-ing. Subpart IAnnual Report 219.800 Annual reports. 219.801219.803 Reserved Subpart JRecordkeeping Requirements 219.901 Retention of alcohol testing records. 219.903 Retention of drug testing records. 219.905 Access to facilities and records. APPENDIX A TO PART 219SCHEDULE OF

23、CIVIL PENALTIES APPENDIX B TO PART 219DESIGNATION OF LABORATORY FOR POST-ACCIDENT TOXI-COLOGICAL TESTING APPENDIX C TO PART 219POST-ACCIDENT TESTING SPECIMEN COLLECTION AUTHORITY: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49(m). SOURCE: 66 FR 41973, Aug.

24、9, 2001, unless otherwise noted. Subpart AGeneral 219.1 Purpose and scope. (a) The purpose of this part is to pre-vent accidents and casualties in rail-road operations that result from im-pairment of employees by alcohol or drugs. (b) This part prescribes minimum Federal safety standards for control

25、 of alcohol and drug use. This part does not restrict a railroad from adopting and enforcing additional or more strin-gent requirements not inconsistent with this part. 219.3 Application. (a) General. Except as provided in paragraphs (b) and (c) of this section, this part applies to (1) Railroads th

26、at operate rolling equipment on standard gage track which is part of the general railroad system of transportation; and (2) Railroads that provide commuter or other short-haul rail passenger serv-ice in a metropolitan or suburban area (as described by 49 U.S.C. 20102) in the United States. (b) Excep

27、tions available to both domes-tic and foreign railroads. (1) This part does not apply to a railroad that oper-ates only on track inside an installa-tion which is not part of the general railroad system of transportation. (2) Subparts D, E, F and G of this part do not apply to a railroad that (i) Has

28、 a total of 15 or fewer employ-ees who are covered by the hours of service laws at 49 U.S.C. 21103, 21104, or 21105, or who would be subject to the hours of service laws at 49 U.S.C. 21103, 21104, or 21105 if their services were per-formed in the United States; and (ii) Does not operate on the track

29、s in the United States of another railroad VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-234 49 CFR Ch. II

30、(10110 Edition) 219.4 (or otherwise engage in joint oper-ations in the United States with an-other railroad) except as necessary for purposes of interchange. (3) Subpart I of this part does not apply to a railroad that has fewer than 400,000 total employee hours, including hours worked by all employ

31、ees of the railroad, regardless of occupation, not only while in the United States but also while outside the United States. For purposes of this paragraph, the term employees of the railroad in-cludes individuals who perform service for the railroad, including not only in-dividuals who receive dire

32、ct monetary compensation from the railroad for performing a service for the railroad, but also such individuals as employees of a contractor to the railroad who per-form a service for the railroad. (c) Exceptions available to foreign rail-roads only. (1) Subparts E, F and G of this part do not apply

33、 to train or dis-patching service in the United States performed by an employee of a foreign railroad whose primary reporting point is outside the United States, on that portion of a rail line in the United States extending up to10 route miles from the point that the line crosses into the United Sta

34、tes from Canada or Mexico. (2) Unless otherwise provided by paragraph (b) of this section, subparts A, B, C, D, H, I, and J of this part apply to signal service in the United States of a foreign railroad performed by an employee of the foreign railroad if the employees primary place of reporting is

35、located outside the United States. Subparts E, F, and G of this part do not apply to signal service in the United States of a foreign railroad performed by an employee of the foreign railroad if the employees primary place of re-porting is located outside the United States. (3) Unless otherwise exce

36、pted under paragraph (c)(1) of this section, on and after June 11, 2004, a foreign railroad shall conduct a pre-employment drug test on each of its final applicants for, and each of its employees seeking to transfer for the first time to, duties in-volving train or dispatching service in the United

37、States while having his or her primary reporting point outside of the United States. The test shall be conducted in accordance with this part prior to the applicant or employees performance of train or dispatching service in the United States. 69 FR 19286, Apr. 12, 2004 219.4 Recognition of a foreig

38、n rail-roads workplace testing program. (a) General. A foreign railroad may petition the FRA Associate Adminis-trator for Safety for recognition of a workplace testing program promul-gated under the laws of its home coun-try as a compatible alternative to the return-to-service requirements in sub-pa

39、rt B of this part and the require-ments of subparts E, F, and G of this part with respect to its employees whose primary reporting point is out-side the United States but who enter the United States to perform train or dispatching service and with respect to its final applicants for, or its employ-e

40、es seeking to transfer for the first time to, duties involving such service. (1) To be so considered, the petition must document that the foreign rail-roads workplace testing program con-tains equivalents to subparts B, E, F, and G of this part: (i) Pre-employment drug testing; (ii) A policy dealing

41、 with co-worker and self-reporting of alcohol and drug abuse problems; (iii) Random drug and alcohol test-ing; (iv) Return-to-duty testing; and (v) Testing procedures and safeguards reasonably comparable in effectiveness to all applicable provisions of the United States Department of Transpor-tation

42、 Procedures for Workplace Drug and Alcohol Testing Programs (part 40 of this title). (2) In approving a program under this section, the FRA Associate Adminis-trator for Safety may impose condi-tions deemed necessary. (b) Alternative programs. (1) Upon FRAs recognition of a foreign rail-roads workpla

43、ce testing program as compatible with the return-to-service requirements in subpart B and the re-quirements of subparts E, F, and G of this part, the foreign railroad must comply with either the enumerated provisions of part 219 or with the stand-ards of the recognized program, and any imposed condi

44、tions, with respect VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-235 Federal Railroad Administration, DOT

45、219.4 to its employees whose primary report-ing point is outside the United States and who perform train or dispatching service in the United States. The for-eign railroad must also, with respect to its final applicants for, or its employ-ees seeking to transfer for the first time to, duties involvi

46、ng such train or dispatching service in the United States, comply with either subpart E of this part or the standards of the recog-nized program. (2) The foreign railroad must comply with subparts A, B (other than the re-turn-to-service provisions in 219.104(d), C, reasonable suspicion testing in su

47、bpart D, and subparts I and J. Drug or alcohol testing required by these subparts must be conducted in compliance with all applicable provi-sions of the United States Department of Transportation Procedures for Workplace Drug and Alcohol Testing Programs (part 40 of this title). (c) Petitions for re

48、cognition of a foreign railroads workplace testing programs. Each petition for recognition of a for-eign workplace testing program shall contain: (1) The name, title, address, and tele-phone number of the primary person to be contacted with regard to review of the petition; (2) The requirements of t

49、he foreign railroad workplace testing program to be considered for recognition; (3) Appropriate data or records, or both, for FRA to consider in deter-mining whether the foreign railroad workplace testing program is equiva-lent to the minimum standards con-tained in this part and provides at least an equivalent level of safety. (d) FEDERAL REGISTER notice. FRA will publish a notice in the FEDERAL REGISTER concerning each petition under par