Post-Accident Determination App
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As part of FRA’s drug and alcohol testing program, certain accidents/incidents are subject to Part 49 CFR 219, Subpart C Post-Accident Testing requirements. FRA has an app for railroads, regulated contractors, and their employees to understand and make FRA post-accident testing determinations. The app can help employees understand FRA’s post-accident requirements.
FRA’s 49 CFR Part 219, Control of Alcohol and Drug Use contains requirements for post-accident testing if certain conditions are met. FRA’s post-accident testing program has been the cornerstone of the agency’s drug and alcohol testing efforts since 1985 and pre-dates the publication of most of Part 219 and DOT’s testing procedures regulation, 49 CFR Part 40.
Part 219 Subpart C defines the train accident/incident thresholds that require testing. Post-accident testing helps FRA accident investigators determine whether the use of drugs and alcohol by involved railroad employees or contractors may have contributed to the cause or severity of a particular accident. The app can aid regulated employers in determining whether a rule-triggering post-accident testing event has occurred as well as who to test. The app also can help ensure the decision to test is made quickly after reasonable inquiry and good faith judgment by an on-site supervisor. Blood and urine collections from surviving employees/contractors must be completed within 4 hours of the accident with the proper supplies and forms; blood, urine, and tissue collections from fatally injured personnel must be completed as soon as practicable. The app is likewise intended to protect employees from inadvertent incursions upon their right-to-privacy represented by tests that are performed in error.