Title 49 — TransportationRelease 119-73
§20165 Limitations on non-Federal alcohol and drug testing
Title 49 › Subtitle SUBTITLE V— - RAIL PROGRAMS › Part PART A— - SAFETY › Chapter CHAPTER 201— - GENERAL › Subchapter SUBCHAPTER II— - PARTICULAR ASPECTS OF SAFETY › § 20165
Summary
Non‑Federal railroad post‑employment alcohol and drug tests for employees under carrier program and chapter 211 must use recognized methods that detect the analyte above the carrier cut‑off. Employees may request carrier hearing. Disputes, except probationary employees, go to section 3 of the Railway Labor Act (45 U.S.C. 153).
Full Legal Text
Title 49, §20165
Transportation — Source: USLM XML via OLRC
(a)Any non-Federal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cut-off level established by the carrier.
(b)Each railroad carrier that has a non-Federal alcohol and drug testing program must provide a redress process to its employees who are subject to both the alcohol and drug testing program and chapter 211 of this title for such an employee to petition for and receive a carrier hearing to review his or her specimen test results that were determined to be in violation of the program. A dispute or grievance raised by a railroad carrier or its employee, except a probationary employee, in connection with the carrier’s alcohol and drug testing program and the application of this section is subject to resolution under section 3 of the Railway Labor Act (45 U.S.C. 153).
Reference
Citations & Metadata
Citation
49 U.S.C. § 20165
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73