Final Rule

Control of Alcohol and Drug Use: Expanded Application of FRA Alcohol and Drug Rules to Foreign Railroad Foreign-Based Employees Who Perform Train or Dispatching Service in the United States

  • 12
  • Apr
  • 2004
DOCKET NUMBER: 2001-11068
SUBJECT: Drug and Alcohol Program
KEYWORDS: Recordkeeping, International, Foreign Employees
ABSTRACT: FRA is issuing a final rule that differs from the 2001 proposal to narrow the scope of exemptions to FRA's regulation on the control of alcohol and drug use; the two most significant revisions are summarized below. First, the final rule allows foreign railroad foreign-based employees to enter into the United States for a distance of up to 10 route miles and remain excepted, as before, from FRA�s requirements for employee assistance programs, pre-employment drug testing, and random alcohol and drug testing. Second, the final rule allows FRA�s Associate Administrator for Safety to recognize a foreign railroad�s substance abuse program promulgated under the laws of its home country as a compatible alternative to the return-to-service requirements if the program includes equivalents to these FRA provisions, and testing procedures, criteria, and assays reasonably comparable in effectiveness to all applicable provisions of DOT�s procedures for workplace drug and alcohol testing programs.
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