4.0 General Conditions for Chemical Tests

4.1 Conditions (49 CFR Part 219.11 and 382.103)

4.1.1 Any employee who performs covered service for a railroad is deemed to have consented to testing as required and consent is implied by performance of such service.

4.1.2 In any case where an employee has sustained a personal injury and is subject to alcohol or drug testing under the regulations (or company policy), necessary medical treatment must be accorded priority over provision of the breath or body fluid specimen(s).

4.1.3 Failure to remain available following an accident or casualty as required by railroad rules (i.e., being absent without leave) is considered a refusal to participate in testing, without regard to any subsequent provision of specimens.

4.1.4 In general, the testing provisions of the FRA regulations in 49 CFR Part 219 apply only to employees who perform service covered by the Hours of Service law, such as train and engine service employees, train dispatchers, mechanical department locomotive movers, bridge tenders, clerks who handle train orders, and signal employees. The regulations also require that samples be collected from the remains of any employee who is fatally injured in certain accident or incidents.

4.1.5 In general, the testing provisions of the FMCSA regulations in 49 CFR Part 382 apply only to employees who operate a commercial motor vehicle in commerce in any state, and are subject to commercial driver’s license requirements of Part 382.

4.2 UP Policy

4.2.1 All employees are subject to reasonable cause and reasonable suspicion testing. Testing may be performed under FRA authority, FMCSA authority, or company authority, as applicable.