Drug and Alcohol

 

For purposes of Part 219, FRA has designated its safety-sensitive employees to be those who perform service covered under the hours of service laws (covered service) and effective on June 12, 2017, Maintenance of Way employees as defined as "Roadway Worker in Part 214.7 will also be subject to Part 219 requirements.  On June 12, 2017, the new term "regulated service" will include all hours of service employees and roadway workers, inclusive of "regulated service" contractors and also individuals who may volunteer to perform regulated service duties for a railroad.  These generally include train and engine service employees involved in the movement of trains or engines (e.g., conductors, brakemen, switchmen, engineers, locomotive hostlers/helpers), dispatching employees who issue mandatory directives (e.g., train dispatchers, control operators), signal employees who inspect, repair or maintain signal systems and maintenance of way employees performing duties of roadway workers as defined in Part 214.7. 

NEW** FRA has developed model compliance plans to assist railroads and their regulated service contractors in complying with Part 219 requirements, with updates of Part 219 regulatory requirements and the addition to random drug and alcohol testing of Maintenance of Way Workers, as defined by the definition of "Roadway Worker" in Part 214.7, which become effective June 12, 2017.  Model Railroad Contractor Compliance PlanModel Compliance Plan for Small Railroads  and  Model Railroad Compliance Plan

NEW* Prescription (Rx) and Over-the-Counter (OTC) medication Training and Policy Toolkit and FRA Letter to the railroad industry in relation 49 CFR Part 219.103. The following link: https://labels.fda.gov/ is to FDA’s Online Label Repository that has important information regarding prescription (Rx) and over-the-counter (OTC) medication warnings, precautions, dosages, and interactions. FRA is concerned primarily with those Rx-OTC medications that may cause impairment through drowsiness and fatigue.  FRA’s 49 CFR Part 219.103 requires, at a minimum, that a regulated service employee’s prescribing physician be made aware of the employee’s assigned duties and medical history, and deem that the use of that substance (and dosage level) is consistent with the safe performance of the employee's duties.  In addition, Part 219.103 allows for an employer to require that employees notify the railroad of therapeutic drug use and/or obtain prior approval for such use.

Regardless of whether an employer is requiring the minimum employee physician review or a company Rx notification, medical review, and appropriate restriction policy, the FDA Online Label Repository should be used as the source information by which to make that determination.