Feds Track Train Crash Booze and Drugs Electronically
Published Date: 4/28/2026
Notice
Summary
The Department of Transportation’s Federal Railroad Administration is starting a new electronic system to keep track of drug and alcohol test results after train accidents. This affects railroad workers and helps make sure safety investigations are clear and organized. You can share your thoughts by May 28, 2026, and the system’s rules kick in right away, with some parts effective on May 28.
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Analyzed Economic Effects
6 provisions identified: 2 benefits, 3 costs, 1 mixed.
Post-accident results can be shared with employers and NTSB
Your verified post-accident toxicology results and supporting documents may be disclosed to employer Medical Review Officers, the National Transportation Safety Board (NTSB), FRA-regulated employers, and DOT-regulated employers for return-to-duty compliance, and can be made public when necessary for accident investigations. Routine uses for disclosure take effect May 28, 2026.
FRA creates central toxicology records system
If you are a railroad industry employee or a contractor employee who performs covered functions, the Federal Railroad Administration (FRA) will keep an electronic system called DOT/FRA 133 for post-accident toxicological testing under 49 CFR part 219, subpart C. The system will store forms, lab results, supporting documents, and FRA memoranda and is effective immediately upon publication (April 28, 2026).
Long retention of toxicology records
The FRA will keep post-accident toxicological testing records as permanent records under the National Archives and Records Administration schedule; case file attachments will be kept for at least 10 years; system data such as test results and scanned key documents will be kept for at least 7 years. These retention rules follow NARA schedules cited in the notice.
You can access records and request retests
If you are an employee involved in a qualifying event, you may request a retest or submit a written response within 45 days of receiving your results. You can seek access to and contest records via the DOT Public Access Link (PAL) or by written request, but must verify identity with full name, current address, date and place of birth, and a notarized signature or a statement under 28 U.S.C. 1746.
Legacy records may include un-redacted SSNs/EINs
The system will include legacy documents that may contain un-redacted Social Security Numbers (SSNs) or Employee Identification Numbers (EINs), which will be part of the DOT/FRA 133 repository. This legacy data is plainly noted in the system description.
Records stored in FedRAMP cloud with safeguards
The records will be stored in a FedRAMP-certified third-party cloud environment and accessed only by authorized personnel with role-based access controls and other cybersecurity protections. FRA says strict controls are imposed to protect the confidentiality, integrity, and availability of the system.
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