Title 49

SECTION 219.603

219.603 General requirements for random testing programs.

§ 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, 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.

(d) Pools. Each railroad must construct and maintain random testing pools in accordance with § 219.611.

(e) Selections. Each railroad must conduct random testing selections in accordance with § 219.613.

(f) Collections. Each railroad must perform random testing collections in accordance with § 219.615.

(g) Cooperation. Each railroad and its regulated employees must cooperate with and participate in random testing in accordance with § 219.617.

(h) Responsive action. Each railroad must handle positive random tests and verified refusals to test in accordance with § 219.619.

(i) Service agents. Each railroad may use a service agent to perform its random testing responsibilities in accordance with § 219.621.

(j) Records. Each railroad must maintain records required by this subpart in accordance with § 219.623.

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