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7.0 Federal Post-Accident Toxicological Testing

7.1  Events for which FRA Mandatory Post Accident testing is required (49 CFR Part 219.201), except as provided in 49 CFR Part 219.201(b), post-accident toxicological tests must be conducted after any event that involves one or more of these circumstances:

7.1.1 Major train accident.  Any train accident (i.e., a rail equipment accident involving damage in excess of the current reporting threshold) that involves one or more of the following:

  • A fatality; or
  • A release of hazardous material lading from railroad equipment accompanied by an evacuation; or a reportable injury resulting from the hazardous material release (e.g., from fire, explosion, inhalation, or skin contact with the material); or
  • Damage to railroad property of $1,000,000 (or current threshold as established by the FRA) or more, not including lading.

7.1.2 Impact accident.  An impact accident (i.e., a rail equipment accident defined as an “impact accident” in 49 CFR Part 219.5) that involves damage in excess of the current report threshold, resulting in:

  • A reportable injury; or
  • Damage to railroad property of $150,000 (or current threshold as established by the FRA) or more, not including lading.

7.1.3 Fatal train incident.  Any train incident that involves a fatality to any on-duty railroad employee.

7.1.4 Passenger train accident.  Reportable injury to any person in a train accident involving a passenger train (i.e., a rail equipment accident involving damage in excess of the current reporting threshold).

7.1.5 Exceptions (49 CFR Part 219.201(b))

  • No test may be required in the case of a collision between railroad rolling stock and a motor vehicle or other highway conveyance at a rail/highway grade crossing.
  • No test may be required in the case of an accident/incident the cause and severity of which are wholly attributable to a natural cause (e.g., flood, tornado, or other natural disaster) or to vandalism or trespasser(s).

7.1.6 Employees Tested (49 CFR Part 219.203)

  • Following each accident or incident described in 49 CFR Part 219.201, the railroad (or railroads) must take all practicable steps to assure that all covered employees of the railroad directly involved in the accident or incident provide blood and urine specimens for toxicological testing by FRA.  Such employees must cooperate in the provision of specimens as described in the regulations and Appendix C of 49 CFR Part 219.
  • In any case where an operator, dispatcher, signal maintainer, bridge tender, or other covered employee is directly involved in the circumstances of an accident which occurred during their tour of duty (49 CFR Part 219.203(b)(4)(iii), those employees must also be tested.
  • In a “major accident” all crew members of all trains must be tested.

7.1.7 An employee must be excluded from testing under the following circumstances:  In any case of an accident/incident for which testing is mandated only under 49 CFR Part 219.201(a)(2) (an “impact accident”), 49 CFR Part 219.201 (a)(3)(“fatal train incident”), or 49 CFR Part 219.201(a)(4)(a “passenger train accident with injury”) if the railroad representative can immediately determine, on the basis of specific information, that the employee had no role in the cause(s) or severity of the accident/incident.

  • Testing of the remains of non-covered employees who are fatally injured in a train accident or incident is required.

7.1.8 Unlawful refusals; consequences (49 CFR Part 219.213)

  • An employee who refuses to cooperate in providing breath, blood or urine specimens following an FRA mandatory post-accident or incident testing situation must be withheld from covered service and must  be deemed disqualified for covered service for a period of nine (9) months in accordance with the conditions specified in 49 CFR Part 219.107.

7.2 FMCSA MANDATORY POST-ACCIDENT DRUG AND ALCOHOL TESTING (49 CFR Part 382.303)

7.2.1 The FMCSA mandates post-accident drug and alcohol testing if:

  • There is a fatality, no matter who is at fault.
  • There is a non-fatal accident where the CMV operator receives a citation for a moving violation and there is:
    • An injury requiring medical treatment away from the scene of the accident, or
    • A vehicle is towed from the accident scene.

7.3 UP Policy

7.3.1 The DOT requirement for post accident testing does not limit the discretion of Union Pacific to impose additional sanctions or discipline of this same or related conduct.

7.3.2 Following any accident or incident, a manager at the site must make the determination whether an FRA mandatory post accident test is required before releasing any employees involved in the accident or incident.

7.3.3 Following any accident or incident, employees involved in the accident must not leave the accident or incident site until a supervising manager notifies the employees of the determination regarding drug and alcohol testing.

7.3.4 Railroad managers who were on and supervising the train involved in the accident or incident, but not a member of the crew, or who were directly and contemporaneously involved in the accident or incident, will be tested under company authority.

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