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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Drug and Alcohol

Who Is Regulated Under FRA’s Drug and Alcohol Testing Requirements?

For purposes of 49 CFR Part 219, FRA has designated regulated employees to be those who perform service under the hours-of-service laws (covered service) and maintenance-of-way employees as defined as a "roadway worker” in 49 CFR 214.7. In addition, any employee who, on behalf of a railroad, performs mechanical tests or inspections required by 49 CFR Parts 215, 221, 229, 230, 232, or 238 on railroad rolling equipment, or its components, is also subject to Part 219 requirements. 

As of March 4, 2022, the term "regulated service" includes all hours-of-service employees, roadway workers, and mechanical employees, inclusive of "regulated service" contractors, and also individuals who may volunteer to perform regulated service duties for a railroad. These generally include the following crafts or functions:

  • 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
  • Maintenance-of-way employees performing duties of roadway workers as defined in Section 214.7
  • Any employee who, on behalf of a railroad, performs mechanical tests or inspections required by Parts 215, 221, 229, 230, 232, or 238 on railroad rolling equipment, or its components, as defined in "Mechanical or MECH employee" in Section 219.5, which became effective March 4, 2022. 

Covid Guidance

FRA Guidance on Drug and Alcohol Testing Requirements During the COVID-19 Public Health Emergency

The DOT Office of Drug and Alcohol Policy posted “DOT COVID-19 Drug & Alcohol Testing Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents” here.

It provides that DOT will not pursue enforcement action against Substance Abuse Professionals that engage in remote assessments/evaluations for employees with drug and alcohol violations or service agents that fail to timely re-qualify during the COVID-19 public health emergency.

Resources
 

Last updated: Thursday, February 2, 2023