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DOT/FRA

RIN: 2130-AC10

Publication ID: Spring 2014

Title: Alcohol and Controlled Substance Testing for Maintenance-of-Way Employees
Abstract: This rulemaking would revise the Federal Railroad Administration´s (FRA) alcohol and drug regulations to cover all employees of railroads, railroad contractors, and subcontractors who perform maintenance-of-way activities. The FRA alcohol and drug regulations (49 CFR part 219) contain certain prohibitions on the use and possession of alcohol and drugs. The regulations also contain requirements for post-accident toxicological (PAT) testing, random testing, reasonable cause testing, reasonable suspicion testing, co-worker and voluntary referral policies, pre-employment drug testing, and reporting. Currently, the regulations only apply to covered employees (defined as employees assigned to perform covered service subject to the Hours-of-Service Act, 49 CFR chapter 211). In response to a statutory mandate, the proposed rulemaking would expand coverage of part 219 to employees who perform maintenance-of-way (MOW) activities. This rulemaking would also make other miscellaneous updates to 14 CFR part 219.
Agency: Department of Transportation(DOT)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 226
Legal Authority: PL 220-432, Div A, 122 Stat 4848 et seq Rail Safety Improvement Act of 2008 sec 412 (uncodified)

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	Final Rule	10/16/2010

Timetable:

Action	Date	FR Cite
NPRM	05/00/2014

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Kathryn Gresham Trial Attorney Department of Transportation Federal Railroad Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Phone:202 493-6063 Email: kathryn.gresham@dot.gov