§20165 Limitations on Non-federal Alcohol and Drug Testing

Summary

Railroad carriers that run their own (non‑Federal) alcohol and drug testing programs must use scientifically accepted tests on post‑employment samples from employees who are covered by both the carrier’s program and chapter 211 of Title 49. The tests must be able to detect the particular drug or alcohol marker above the cut‑off level the carrier sets. Those carriers must also give those employees a way to request a carrier hearing to review test results that the carrier says violate the program. Any dispute or grievance about the carrier’s testing program or this rule, except by a probationary employee, must be handled under section 3 of the Railway Labor Act (45 U.S.C. 153).