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17 require testing must have disabling damage to any vehicle or Types of tests for drugs: Pre-employment, random, rea- immediate medical attention away from the scene to meet sonable suspicion, reasonable cause, postaccident, return-to- the testing threshold. duty, and follow-up. For the year 2011, the minimum random drug-testing rate was set at 25%. Reasonable suspicion determination: One trained supervisor or company official can make the decision based Types of tests for alcohol: Pre-employment (optional), on specific, contemporaneous, articulable observations con- random, reasonable suspicion, reasonable cause, postacci- cerning the appearance, behavior, speech, or body odors of dent, return-to-duty, and follow-up. For the year 2011, the the employee. minimum random alcohol testing rate was set at 10%. Preduty alcohol use prohibition: Four hours before per- Definition of accident requiring testing: Any major train formance of duty. accident (one that results in a fatality or a release of hazardous material accompanied by an evacuation or a reportable injury Actions for BACs 0.0200.039: If the employer chooses resulting from the hazardous material release or damage to to return the employee to covered service within 8 h, the railroad property of $1,000,000 or more), an impact accident BAC retest must be below 0.020. (one that results in a reportable injury or damage to railroad property of $150,000 or more), fatal train incident (one that Employee training: Employer must provide education involves a fatality to an on-duty railroad employee), and pas- with display and distribution of informational materials and senger train accident (one that involves a reportable injury to a community service hotline telephone number, if available. any person in a passenger train accident). One hour of training on the effects and consequence of The postaccident testing rule requires urine and blood prohibited drug use on personal health, safety, and the work specimen collection from surviving employees and also tis- environment, and on the signs and symptoms that may indi- sue from deceased employees (these collection procedures cate prohibited drug use. Distribution to each employee of go well beyond the normal Part 40 procedures). For surviv- the employer's policy regarding the use of drugs and alcohol ing employees, these specimens are collected at an inde- with signed receipt is mandatory. pendent medical facility. FRA regulation, 49 CFR Part 219 Subpart C, stipulates the level of events requiring testing and Supervisor training: One hour of training is required on who will be tested. The collected specimens are analyzed the specific, contemporaneous physical, behavioral, and only at FRA's contract laboratory. Postaccident testing pro- performance indicators of probable drug use. One hour of vides FRA with accident investigation and usage data. training is also required on the specific, contemporaneous physical, behavioral, and performance indicators of probable Reasonable suspicion determination: One trained alcohol use. supervisor can make the decision for alcohol testing based on specific, contemporaneous, articulable observations con- Reportable employee drug and alcohol violations: No cerning the appearance, behavior, speech, or body odors of requirements to report violations to FTA. the employee. A decision to conduct a drug test requires two supervisors (only the on-site supervisor must be trained). Other: Anyone with direct or immediate supervisory authority over an employee may not collect that person's Preduty alcohol use prohibition: Four hours before urine, saliva, or breath. performance of duty or after receiving notice to report for covered service, whichever is the shorter period. RAIL Actions for BACs 0.0200.039: The employee cannot be returned to duty until the start of the employee's next regu- The railroad industry, regulated by the FRA, has approxi- larly scheduled duty period, but not less than 8 h following mately 105,564 employees subject to testing (Swart, per- the test. sonal communication, Nov. 15, 2010). Employee training: Employer must provide education Employees who must be tested: A person who performs materials that explain the requirements of the FRA rules hours of service functions at a rate sufficient to be placed into as well as railroad policies and procedures with respect to the railroad's random testing program. Categories of person- meeting those requirements. nel who normally perform these functions are locomotive engineers, trainmen, conductors, switchmen, locomotive Supervisor training: A total of 3 h of training is required: hostlers/helpers, utility employees, signalmen, operators, 1 h on the specific, contemporaneous physical, behavioral, and train dispatchers. and performance indicators of probable drug use; 1 h of sim-

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18 ilar training on probable indicators of alcohol use; and 1 h of Refusal to provide a specimen results in a mandatory training on how to determine whether an accident qualifies minimum 9-month removal from covered service. Dur- for postaccident testing. ing this 9-month period, there is no prohibition against the employee working in a noncovered service position if agree- Reportable employee drug and alcohol violations: No able to the employer. requirements to report violations to FRA. Engineers, who are the only certificate holders in the rail industry, will have Locomotive engineers (or other employees certified as their certificates reviewed for suspension or revocation by the locomotive engineers at the time of the alcohol or drug viola- employer when an FRA violation occurs. Note that an FRA tion) require both alcohol and drug return-to-duty tests and alcohol violation occurs at 0.04% or greater. When a locomo- both alcohol and drug follow-up tests. tive engineer is in a voluntary referral program, the counsel- ing professional must report an engineer's refusal to cooperate Locomotive engineers who have a driving under the influ- in the recommended course of counseling or treatment. ence (DUI) violation are required by Part 240 to be evalu- ated to determine whether they have an active substance Penalties and consequences: A comprehensive penalty abuse disorder. A DUI is not considered to be a violation of schedule lists the civil penalties associated by various viola- FRA regulations if it occurred during the employee's off- tions. The fines range from $1,000 to $10,000. duty time; therefore, any testing would be conducted under employer authority. Reporting: Each railroad that has a total of 400,000 or more employee hours (including hours worked by all employ- Employers must provide both a voluntary referral pro- ees of the railroad, regardless of occupation, not only while in gram that allows an employee to self-refer for treatment the United States but also while outside the United States) must and a coworker report program that allows one employee to submit to FRA by March 15 of each year a report covering the refer another for treatment before the employer identifies a previous calendar year (January 1December 31), summariz- problem. Both of these EAPs guarantee that employees will ing the results of its control of alcohol and drug use program. retain their jobs if they cooperate and complete the required rehabilitation program. For an engineer who is in a voluntary Other: Anyone with direct or immediate supervisory referral program, the counseling professional must report an authority over an employee may not collect that person's engineer's refusal to cooperate in the recommended course urine, saliva, or breath. of counseling or treatment to the employer.