Federal Railroad Administration regulation 49 CFR Part 219 applies to all railroads and contractors, except for domestic or foreign railroad that has fewer than 400,000 total annual employee work hours, small railroads, foreign railroads and except for:

  • Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation (i.e., plant railroads, as defined in §219.5);
  • Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation, as defined in §219.5; or
  • Rapid transit operations in an urban area not connected to the general railroad system of transportation.

A railroad with more than 400,000 total annual employee work hours must comply with subpart I (Annual Reports) regarding any contractor employees it integrates into its alcohol and drug testing program under this part; and if a contractor establishes an independent alcohol and drug testing program that meets the requirements of this part and is acceptable to the railroad, the contractor must comply with subpart I if it has 200 or more regulated employees.

FRA Employee Category Tested
Regulated employee

A person who performs covered service (subject to hours of service laws) functions at a rate sufficient to be placed into the railroad's random testing program. Categories of personnel who normally perform these functions are:
• Trainmen
• Conductor
• Switchmen
• Locomotive hostlers/helpers
• Utility employee
• Signalmen
• Operators
• Train dispatchers

Maintenance of Way
Also, a person who performs a maintenance-of-way/roadway worker function (as defined in 49 CFR Part 214) who are employees or contractors of a railroad, has a potential to foul the track, and perform a regulated function such as:

• Inspection
• Construction
• Maintenance or repair on or near the track
• Flagman
• Watchmen / Lookouts

FRA Substances test for
• Marijuana
• Cocaine
• Opioids (expanded)
• Amphetamine and Methamphetamine
• Phencyclidine – PCP

FRA Types of required testing
• Pre-employment drug testing
• Pre-employment alcohol testing (optional)
• Random drug testing
• Post-accident drug testing
• Reasonable cause drug testing
• Follow-up drug testing