DOT Launches Electronic System for Post-Accident Rail Drug Testing
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 rules are followed. 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.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 4 costs, 0 mixed.
New Electronic Post-Accident Records
The FRA is creating DOT/FRA 133 to store post-accident drug and alcohol testing records (forms, lab results, memoranda) in a FedRAMP-certified cloud. The system is effective April 28, 2026, and routine uses become effective May 28, 2026; some records are kept permanently, case file attachments for at least 10 years, and test results and scanned key documents for at least 7 years.
Employers and Agencies May Receive Results
The system allows FRA to disclose post-accident test results to Medical Review Officers, the National Transportation Safety Board (NTSB), FRA-regulated employers, DOT-regulated employers for return-to-duty, and other agencies to support investigations or enforcement. These routine uses become effective May 28, 2026.
Possible Firearm Disqualification Disclosure
DOT may disclose information from these records to the Attorney General indicating a person meets disqualifications under the Brady Handgun Violence Prevention Act and, if disputed, to the National Background Information Check System to resolve disputes.
Rights to Retest and Access Records
Employees who receive post-accident test results may request a retest of specimens or submit written responses within 45 days of getting results. Individuals can request access or contest records via DOT's Public Access Link (PAL) with identity verification (full name, address, date and place of birth, and a notarized signature or a statement under penalty of perjury).
Public Disclosure for Accident Investigations
FRA may publicly disclose toxicology test results or supporting documentation where necessary to consider them in an accident or incident investigation, consistent with 49 CFR 219.211(d). Routine public disclosures are effective May 28, 2026.
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