
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20140]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
 
Sec. 20140. Alcohol and controlled substances testing

    (a) Definition.--In this section, ``controlled substance'' means any 
substance under section 102 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of 
Transportation.
    (b) General.--(1) In the interest of safety, the Secretary of 
Transportation shall prescribe regulations and issue orders, not later 
than October 28, 1992, related to alcohol and controlled substances use 
in railroad operations. The regulations shall establish a program 
requiring--
        (A) a railroad carrier to conduct preemployment, reasonable 
    suspicion, random, and post-accident testing of all railroad 
    employees responsible for safety-sensitive functions (as decided by 
    the Secretary) for the use of a controlled substance in violation of 
    law or a United States Government regulation, and to conduct 
    reasonable suspicion, random, and post-accident testing of such 
    employees for the use of alcohol in violation of law or a United 
    States Government regulation; the regulations shall permit such 
    railroad carriers to conduct preemployment testing of such employees 
    for the use of alcohol; and
        (B) when the Secretary considers it appropriate, 
    disqualification for an established period of time or dismissal of 
    any employee found--
            (i) to have used or been impaired by alcohol when on duty; 
        or
            (ii) to have used a controlled substance, whether or not on 
        duty, except as allowed for medical purposes by law or a 
        regulation or order under this chapter.

    (2) When the Secretary of Transportation considers it appropriate in 
the interest of safety, the Secretary may prescribe regulations and 
issue orders requiring railroad carriers to conduct periodic recurring 
testing of railroad employees responsible for safety-sensitive functions 
(as decided by the Secretary) for the use of alcohol or a controlled 
substance in violation of law or a Government regulation.
    (c) Testing and Laboratory Requirements.--In carrying out this 
section, the Secretary of Transportation shall develop requirements that 
shall--
        (1) promote, to the maximum extent practicable, individual 
    privacy in the collection of specimens;
        (2) for laboratories and testing procedures for controlled 
    substances, incorporate the Department of Health and Human Services 
    scientific and technical guidelines dated April 11, 1988, and any 
    amendments to those guidelines, including mandatory guidelines 
    establishing--
            (A) comprehensive standards for every aspect of laboratory 
        controlled substances testing and laboratory procedures to be 
        applied in carrying out this section, including standards 
        requiring the use of the best available technology to ensure the 
        complete reliability and accuracy of controlled substances tests 
        and strict procedures governing the chain of custody of 
        specimens collected for controlled substances testing;
            (B) the minimum list of controlled substances for which 
        individuals may be tested; and
            (C) appropriate standards and procedures for periodic review 
        of laboratories and criteria for certification and revocation of 
        certification of laboratories to perform controlled substances 
        testing in carrying out this section;

        (3) require that a laboratory involved in controlled substances 
    testing under this section have the capability and facility, at the 
    laboratory, of performing screening and confirmation tests;
        (4) provide that all tests indicating the use of alcohol or a 
    controlled substance in violation of law or a Government regulation 
    be confirmed by a scientifically recognized method of testing 
    capable of providing quantitative information about alcohol or a 
    controlled substance;
        (5) provide that each specimen be subdivided, secured, and 
    labeled in the presence of the tested individual and that a part of 
    the specimen be retained in a secure manner to prevent the 
    possibility of tampering, so that if the individual's confirmation 
    test results are positive the individual has an opportunity to have 
    the retained part tested by a 2d confirmation test done 
    independently at another certified laboratory if the individual 
    requests the 2d confirmation test not later than 3 days after being 
    advised of the results of the first confirmation test;
        (6) ensure appropriate safeguards for testing to detect and 
    quantify alcohol in breath and body fluid samples, including urine 
    and blood, through the development of regulations that may be 
    necessary and in consultation with the Secretary of Health and Human 
    Services;
        (7) provide for the confidentiality of test results and medical 
    information (other than information about alcohol or a controlled 
    substance) of employees, except that this clause does not prevent 
    the use of test results for the orderly imposition of appropriate 
    sanctions under this section; and
        (8) ensure that employees are selected for tests by 
    nondiscriminatory and impartial methods, so that no employee is 
    harassed by being treated differently from other employees in 
    similar circumstances.

    (d) Rehabilitation.--The Secretary of Transportation shall prescribe 
regulations or issue orders establishing requirements for rehabilitation 
programs that at least provide for the identification and opportunity 
for treatment of railroad employees responsible for safety-sensitive 
functions (as decided by the Secretary) in need of assistance in 
resolving problems with the use of alcohol or a controlled substance in 
violation of law or a Government regulation. The Secretary shall decide 
on the circumstances under which employees shall be required to 
participate in a program. Each railroad carrier is encouraged to make 
such a program available to all of its employees in addition to 
employees responsible for safety-sensitive functions. This subsection 
does not prevent a railroad carrier from establishing a program under 
this subsection in cooperation with another railroad carrier.
    (e) International Obligations and Foreign Laws and Regulations.--In 
carrying out this section, the Secretary of Transportation--
        (1) shall establish only requirements that are consistent with 
    international obligations of the United States; and
        (2) shall consider applicable laws and regulations of foreign 
    countries.

    (f) Other Regulations Allowed.--This section does not prevent the 
Secretary of Transportation from continuing in effect, amending, or 
further supplementing a regulation prescribed or order issued before 
October 28, 1991, governing the use of alcohol or a controlled substance 
in railroad operations.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876; Pub. L. 104-
59, title III, Sec. 342(b), Nov. 28, 1995, 109 Stat. 609.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20140(a)..............................  45:431(r)(5).                    Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  202(r); added Oct. 28,
                                                                          1991,
 Pub. L. 102-143, Sec.  4, 105
                                                                          Stat.
 957.
20140(b)..............................  45:431(r)(1) (1st-3d
                                         sentences).
20140(c)..............................  45:431(r)(2).
20140(d)..............................  45:431(r)(3).
20140(e)..............................  45:431(r)(4).
20140(f)..............................  45:431(r)(1) (last sentence).
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---------------------------------

    In subsection (b)(1), before clause (A), the words ``controlled 
substances'' are substituted for ``drug'' for consistency in this 
section. In clauses (B) and (C), the word ``found'' is substituted for 
``determined'' for consistency in the revised title.
    In subsection (c)(3), the words ``of any employee'' are omitted as 
surplus.
    In subsection (c)(4), the words ``by any employee'' are omitted as 
surplus.
    In subsection (c)(5), the word ``tested'' is substituted for 
``assayed'' for consistency. The words ``2d confirmation test'' are 
substituted for ``independent test'' for clarity and consistency.


                               Amendments

    1995--Subsec. (b)(1)(A). Pub. L. 104-59 amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``a railroad 
carrier to conduct preemployment, reasonable suspicion, random, and 
post-accident testing of all railroad employees responsible for safety-
sensitive functions (as decided by the Secretary) for the use of alcohol 
or a controlled substance in violation of law or a United States 
Government regulation; and''.

                  Section Referred to in Other Sections

    This section is referred to in section 5331 of this title.
