8.0 FRA Mandatory Testing For Reasonable Suspicion

8.1 Mandatory reasonable suspicion testing (49 CFR Parts 219.300, 219.301, 219.302).

8.1.1 A railroad must require a covered employee to submit to an alcohol test when the railroad has reasonable suspicion to believe that the employee has violated any prohibition concerning use of alcohol.  The railroad’s determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.

8.1.2 A railroad must require a covered employee to submit to a drug test when the railroad has reasonable suspicion to believe that the employee has violated any prohibition concerning use of controlled substances.  The railroad’s determination that reasonable suspicion exists to require the covered employee to undergo a drug test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.

8.1.3 With respect to an alcohol test, the required observations must be made by a supervisor trained in accordance with 49 CFR Part 219.11(g).  The supervisor who makes the determination that reasonable suspicion exists may not conduct testing on that employee.

8.1.4 With respect to a drug test, the required observations must be made by two supervisors, at least one of whom is trained in accordance with 49 CFR Part 219.11(g) and is on site.

8.1.5 If a test required by this section is not administered within eight hours of the determination under this section, the railroad must cease attempts to administer an alcohol test and must state in the record the reasons for not administering the test.

8.1.6 In the case of a drug test, the eight-hour requirement is satisfied if the employee has been delivered to the collection site (where the collector is present) and the request has been made to commence collection of the drug testing specimens within that period (49 CFR Part 219.302(e)).