§ 219.502 - Pre-employment alcohol testing.

§ 219.502 Pre-employment alcohol testing.

Cross Reference

Link to an amendment published at 81 FR 37936, June 10, 2016.

(a) A 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, the railroad must comply with the following requirements:

(1) It The railroad must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether regulated service by an employee, regardless of whether he or she is a new employee or someone who has transferred a first-time transfer to a position involving the performance of safety-sensitive functions)regulated service.

(2) It The railroad must treat all safety-sensitive employees performing safety-sensitive functions regulated service the same for the purpose of pre-employment alcohol testing (i.e., it a railroad must not test some covered regulated employees and not others.) .

(3) It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.

(4) It must conduct all pre-employment alcohol tests using the alcohol testing procedures of part 40 of this title.

(5) It must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee's If a regulated employee's Federal pre-employment test indicates an alcohol concentration of less than 0.04 or greater, a railroad may not allow him or her to begin performing regulated service until he or she has completed the Federal return-to-duty process under § 219.104(d).

(b) As used in subpart H of this part, with respect to a test authorized under this subpart, the term covered regulated employee includes an applicant for pre-employment testing only. In the case of If an applicant who declines to be tested and withdraws the application for employmentbefore the testing process commences, no record may be maintained of the declination. The determination of when an alcohol test commences must be made according to the provisions of § 40.243(a) of this title.

[66 FR 41973, Aug. 9, 2001, as amended at 81 FR 37936, June 10, 2016]