Title 49, TransportationRelease 119-110

§20165 Limitations on Non-federal Alcohol and Drug Testing

Title 49 › SUBTITLE V — RAIL PROGRAMS › PART A — SAFETY › CHAPTER 201 — GENERAL › SUBCHAPTER II — PARTICULAR ASPECTS OF SAFETY › § 20165

Last updated Sep 22, 2026|Official source

Summary

Railroad companies’ non‑Federal drug and alcohol testing programs must use scientifically accepted tests for post‑employment samples. The tests must be able to detect the specific drug or alcohol marker at levels above the cut‑off the carrier sets for employees covered by both the program and chapter 211. Each carrier must let those employees ask for and get a hearing to review any test result found to be a violation. Any dispute about the 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).

Full Legal Text

Title 49, §20165

Transportation, Source: USLM XML via OLRC

(a)Testing Requirements.—

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)Redress Process.—

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

Sep 22, 2026

Release point: 119-110