Final Rule

Control of Alcohol and Drug Use: Coverage of Maintenance of Way (MOW)

  • 27
  • May
  • 2016
AUTHOR: Federal Railroad Administration
DOCKET NUMBER: Docket No. FRA-2009-0039, Notice No. 3]
ABSTRACT: In response to Congress’ mandate in the Rail Safety Improvement Act of 2008 (RSIA), FRA is expanding the scope of its drug and alcohol regulation to cover MOW employees. This rule also codifies guidance from FRA compliance manuals, responds to National Transportation Safety Board (NTSB) recommendations, and adopts substantive amendments based upon FRA’s regulatory review of 30 years of implementation of this part. The final rule contains two significant differences from FRA’s July 28, 2014 Notice of Proposed Rulemaking (NPRM) (79 FR 48380). First, it adopts part 214’s definition of “roadway worker” to define “MOW employee” under this part. Second, because FRA has withdrawn its proposed peer support requirements, subpart K contains a revised version of the troubled employee identification requirements previously in subpart E.
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The version of the final rule being posted to FRA’s website is not intended to constitute the official version of the final rule.  The official version of the final rule will be the version published in the Federal Register in the near future and may appear slightly different than this website posting due to Federal Register formatting requirements.  Any effective dates or other dates for submission of petitions for reconsideration or other compliance will be based on the date the official version is published in the Federal Register.

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