---
kind: "section"
citation: "49 U.S.C. § 20165"
title: "49"
title_heading: "Transportation"
number: "20165"
heading: "Limitations on non-Federal alcohol and drug testing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20165"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter II — Particular Aspects of Safety"
---

# §20165. Limitations on non-Federal alcohol and drug testing

- (a) **Testing Requirements.—** Any non-Federal alcohol and drug testing program of a [railroad carrier](/usc/49/20102.md?p=3) must provide that all post-employment tests of the specimens of [employees](/usc/49/21101.md?p=3) who are subject to both the program and [chapter 211](/usc/49/chstV/ptA/ch211.md) 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](/usc/49/20102.md?p=3) that has a non-Federal alcohol and drug testing program must provide a redress process to its [employees](/usc/49/21101.md?p=3) who are subject to both the alcohol and drug testing program and [chapter 211](/usc/49/chstV/ptA/ch211.md) of this title for such an [employee](/usc/49/21101.md?p=3) 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](/usc/49/20102.md?p=3) or its [employee](/usc/49/21101.md?p=3), except a probationary [employee](/usc/49/21101.md?p=3), 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](/usc/45/153.md)).

## Source credit

(Added Pub. L. 110–432, div. A, title IV, § 409(a), Oct. 16, 2008, 122 Stat. 4887.)