---
kind: "range"
citation: "49 C.F.R. §§ 219.603–219.609"
title: "49"
from: "219.603"
to: "219.609"
count: 4
url: "https://uscodex.org/cfr/49/219.603..219.609"
---

# §219.603. General requirements for random testing programs.

- (a) **General.** To the extent possible, each railroad must ensure that its FRA random testing program is designed and implemented so that each employee performing regulated service on its behalf should reasonably anticipate that he or she may be called for a random test without advance warning at any time while on duty and subject to performing regulated service.
- (b) **Prohibited selection bias.** A random testing program may not have a selection bias or an appearance of selection bias, or appear to provide an opportunity for a regulated employee to avoid complying with this section.
- (c) **Plans.** As required by [§§ 219.603 through 219.609](/cfr/49/219.603..219.609.md), each railroad must submit for FRA approval a random testing plan meeting the requirements of this subpart. The plan must address all regulated employees, as defined in [§ 219.5](/cfr/49/219.5.md).
- (d) **Pools.** Each railroad must construct and maintain random testing pools in accordance with [§ 219.611](/cfr/49/219.611.md).
- (e) **Selections.** Each railroad must conduct random testing selections in accordance with [§ 219.613](/cfr/49/219.613.md).
- (f) **Collections.** Each railroad must perform random testing collections in accordance with [§ 219.615](/cfr/49/219.615.md).
- (g) **Cooperation.** Each railroad and its regulated employees must cooperate with and participate in random testing in accordance with [§ 219.617](/cfr/49/219.617.md).
- (h) **Responsive action.** Each railroad must handle positive random tests and verified refusals to test in accordance with [§ 219.619](/cfr/49/219.619.md).
- (i) **Service agents.** Each railroad may use a service agent to perform its random testing responsibilities in accordance with [§ 219.621](/cfr/49/219.621.md).
- (j) **Records.** Each railroad must maintain records required by this subpart in accordance with [§ 219.623](/cfr/49/219.623.md).

# §219.605. Submission and approval of random testing plans.

- (a) **Plan submission.**
  - (1) Each railroad must submit for review and approval a random testing plan meeting the requirements of §§ [219.607](/cfr/49/219.607.md) and [219.609](/cfr/49/219.609.md) by email to FRA-DrugAlcoholProgram.email@dot.gov. The submission must include the name of the railroad or contractor in the subject line. A railroad commencing start-up operations must submit its plan no later than 30 days before its date of commencing operations. A railroad that must comply with this subpart because it no longer qualifies for the small railroad exception under [§ 219.3](/cfr/49/219.3.md) (due to a change in operations or its number of covered employees) must submit its plan no later than 30 days after it becomes subject to the requirements of this subpart. A railroad may not implement a Federal random testing plan or any substantive amendment to that plan before FRA approval.
  - (2) A railroad may submit separate random testing plans for each category of regulated employees (as defined in [§ 219.5](/cfr/49/219.5.md)), combine all categories into a single plan, or amend its current FRA-approved plan to add additional categories of regulated employees, as defined by this part.
- (b) **Plan approval notification.** FRA will notify a railroad in writing whether its plan is approved. If the plan is not approved because it does not meet the requirements of this subpart, FRA will inform the railroad of its non-approval, with specific explanations of any required revisions. The railroad must resubmit its plan with the required revisions within 30 days of the date of FRA's written notice. Failure to resubmit the plan with the necessary revisions will be a failure to submit a plan under this part.
- (c) **Plan implementation.** Each railroad must implement its random testing plan no later than 30 days from the date of FRA approval.
- (d) **Plan amendments.**
  - (1) Each railroad must submit to FRA a substantive amendment to an approved plan at least 30 days before its intended effective date. A railroad may not implement any substantive amendment before FRA approval.
  - (2) Each railroad must provide a non-substantive amendment to an approved plan (such as the replacement or addition of service providers) to the FRA Drug and Alcohol Program Manager in writing (by letter or email) before its effective date. However, FRA pre-approval is not required.
- (e) **Previously approved plans.** A railroad is not required to resubmit a random testing plan that FRA had approved before March 4, 2022, unless the railroad must amend the plan to comply with the requirements of this subpart. A railroad must submit new plans, combined plans, or amended plans incorporating new categories of regulated employees (i.e., mechanical employees) for FRA approval at least 60 days after March 4, 2022.

# §219.607. Requirements for random testing plans.

- (a) **General.** A random testing plan that a railroad submits under this subpart must address and comply with the requirements of this subpart. The railroad must also comply with these requirements in implementing the plan.
- (b) **Model random testing plan.** A railroad (or a contractor or service agent that submits a [part 219-compliant](/cfr/49/part219-compliant.md) random testing plan to a railroad for submission as a part of the railroad's random testing plan) may complete, modify if necessary, and submit a plan based on the FRA model random testing plan that can be downloaded from FRA's Drug and Alcohol Program Web site.
- (c) **Specific plan requirements.** Each random testing plan must contain the following items of information, each of which must be contained in a separate, clearly identified section:
  - (1) Total number of covered employees, including covered service contractor employees and volunteers;
  - (2) Total number of maintenance-of-way employees, including maintenance-of-way contractor employees and volunteers;
  - (3) Total number of mechanical employees, including mechanical contractor employees and volunteers;
  - (4) Names of any contractors who perform regulated service for the railroad, with contact information;
  - (5) Method used to ensure that any regulated service contractor employees and volunteers are subject to the requirements of this subpart, as required by [§ 219.609](/cfr/49/219.609.md);
  - (6) Name, address, and contact information for the railroad's Designated Employer Representative (DER) and any alternates (if applicable);
  - (7) Name, address, and contact information for any service providers, including the railroad's Medical Review Officers (MROs), Substance Abuse and Mental Health Services Administration (SAMHSA) certified drug testing laboratory(ies), Drug and Alcohol Counselors (DACs), Substance Abuse Professionals (SAPs), and Consortium/Third Party Administrators (C/TPAs) or collection site management companies. Individual collection sites do not have to be identified;
  - (8) **Number of random testing pools and the proposed general pool entry assignments for each pool.** If using a C/TPA, a railroad must identify whether its regulated employees are combined into one pool, contained in separate pools, or combined in a larger pool with other FRA or other DOT agency regulated employees, or both.
  - (9) Target random testing rates meeting or exceeding the minimum annual random testing rates;
  - (10) Method used to make random selections, including a detailed description of the computer program or random number table selection process employed;
  - (11) Selection unit(s) for each random pool (e.g., employee name or ID number, job assignment, train symbol) and whether the individual selection unit(s) will be selected for drugs, alcohol, or both;
  - (12) If a railroad makes alternate selections, under what limited circumstances these alternate selections will be tested (see [§ 219.613](/cfr/49/219.613.md));
  - (13) Frequency of random selections (e.g., monthly);
  - (14) **Designated testing window.** A designated testing window extends from the beginning to the end of the designated testing period established in the railroad's FRA-approved random plan (see [§ 219.603](/cfr/49/219.603.md)), after which time any individual selections for that designated testing window that have not been collected are no longer active; and
  - (15) Description of how the railroad will notify a regulated employee that he or she has been selected for random testing.

# §219.609. Inclusion of contractor employees and volunteers in random testing plans.

- (a) Each railroad's random testing plan must demonstrate that all of its regulated service contractor employees and volunteers are subject to random testing that meets the requirements of this subpart. A railroad can demonstrate that its regulated service contractor employees and volunteers are in compliance with this subpart by either:
  - (1) Directly including regulated service contractor employees and volunteers in its own random testing plan and ensuring that they are tested according to that plan; or
  - (2) Indicating in its random testing plan that its regulated service contractor employees and volunteers are part of a random testing program which is compliant with the requirements of this subpart, e.g., conducted by a contractor or C/TPA (“non-railroad random testing program”). If a railroad chooses this option, the railroad must append to its own random testing plan one or more addenda describing the method it will use to ensure that the non-railroad random testing program is testing its regulated service contractor employees and volunteers according to the requirements of this subpart. A railroad may comply with this requirement by appending the non-railroad random testing program or a detailed description of the program and how it complies with this subpart.
- (b) Each railroad's random testing plan(s) and any addenda must contain sufficient detail to fully document that the railroad is meeting the requirements of this subpart for all personnel performing regulated service on its behalf.
- (c) If a railroad chooses to use regulated service contractor employees and volunteers who are part of a non-railroad random testing program, the railroad remains responsible for ensuring that the non-railroad program is testing the regulated service contractor employees and volunteers according to the requirements of this subpart.
- (d) FRA does not pre-approve contractor or service agent random testing plans, but may accept them as part of its approval process of a railroad's plan.