Quick Answer

FRA regulates railroad drug and alcohol programs principally through 49 CFR Part 219, with Part 40 procedures applying to DOT tests unless FRA provides otherwise. Railroad coverage uses service-based categories and includes railroad-specific post-accident and reasonable-cause rules.

Governing Rules

The controlling industry rule is 49 CFR Part 219, used with 49 CFR Part 40.

Who Is Covered

• Hours-of-service employees, including covered train and engine, dispatching, and signal service.
• Maintenance-of-way employees and other regulated service categories identified in Part 219.
• Employees and contractors when the rule includes the service they perform.

Who Is Not Automatically Covered

• Every person employed by or present on railroad property.
• Work outside a Part 219 regulated service category.
• Company-policy testing that is clearly conducted as non-Federal testing.

What Triggers the SAP Return-to-Duty Process

A verified positive DOT drug test, a DOT alcohol violation, or a refusal defined by Part 40 or the industry rule requires immediate removal from covered safety-sensitive functions and completion of Part 40 Subpart O before return.

Return-to-Duty Process

The employee completes a SAP evaluation and the recommended education or treatment, then returns to the same SAP for a follow-up evaluation. After the SAP reports successful compliance, the employer must ensure the required return-to-duty test is completed. A return-to-duty drug test must be conducted under direct observation under 49 CFR § 40.67. An applicable return-to-duty alcohol test must produce a result below 0.02 under 49 CFR § 40.305. Only the employer can return the person to covered duty. Follow-up testing occurs after the employee has successfully completed the SAP process and returned to safety-sensitive work. The SAP establishes the follow-up testing plan; the employer is responsible for implementing it, and the employee must comply with required follow-up tests while performing safety-sensitive duties. Follow-up drug tests are directly observed; alcohol follow-up tests are not specimen collections under direct observation. 49 CFR § 40.307 and 49 CFR § 40.309 If the employee leaves DOT-regulated employment before the plan is completed, the remaining requirement does not disappear. A subsequent DOT employer that places the employee into safety-sensitive duties must continue the remaining plan.

Employer Responsibilities

• Correctly identify covered employees and tests.
• Remove a violator from safety-sensitive functions and provide the required SAP information.
• Order the return-to-duty test only after receiving successful-compliance documentation.
• Implement the SAP's follow-up plan without disclosing the schedule.
• Meet industry-specific reporting, recordkeeping, contractor, and oversight duties.

Employee Responsibilities

• Confirm whether the test was DOT or non-DOT and which authority applied.
• Stop performing covered safety-sensitive functions after a DOT violation.
• Complete the SAP's education or treatment recommendation and follow-up evaluation.
• Work with a current or prospective employer for the return-to-duty test; a SAP does not order the test.
• Comply with unannounced follow-up testing after returning to covered duty.

Agency- or Program-Specific Nuances

• Part 219 uses railroad-specific terms such as regulated employee, regulated service, reasonable cause, and reasonable suspicion.
• FRA post-accident toxicological testing under Subpart C is distinct from ordinary Part 40 workplace testing and has specialized triggers and procedures.
• Railroads must make prompt removal and referral decisions after covered violations and preserve the distinction between Federal and company-authority testing.
• Return-to-duty and follow-up testing under Part 40 apply when a regulated employee seeks to resume covered service after a DOT violation.
• FRA has a separate nine-month refusal consequence. A regulated employee who refuses a required breath or body-fluid test generally must be withdrawn from regulated service for nine months under 49 CFR § 219.107. An adulterated or substituted specimen is treated as a refusal for this purpose. Completing the SAP process does not shorten this federal withdrawal period; the employee must still satisfy the applicable Part 40 return-to-duty requirements before returning to regulated service.
• Railroad referral programs and the Part 40 SAP process are not interchangeable. FRA referral programs may use a Drug and Alcohol Counselor (DAC) to evaluate and assist employees under the railroad’s referral structure. After an established DOT drug or alcohol violation, however, the employee must complete the applicable Part 40 SAP process with a DOT-qualified SAP before returning to DOT safety-sensitive duties. 49 CFR Part 219, Subpart E

Common Misconceptions

• All railroad post-accident testing is not the same as a standard Part 40 test.
• A railroad job title alone does not establish Part 219 coverage.
• A company-policy waiver does not cancel Federal return-to-duty requirements.

Related Articles

• Direct Observation
• Refusal to Test
• Transportation Modalities Hub

Frequently Asked Questions

Does Part 40 itself decide which jobs are covered?

No. The operating administration's industry rule identifies covered employers and safety-sensitive functions. Part 40 supplies the testing procedures and SAP return-to-duty framework.

Can an employee return to safety-sensitive duty immediately after the SAP follow-up evaluation?

No. An employer must receive the SAP's successful-compliance report and obtain the required negative return-to-duty test result before safety-sensitive duty resumes.

Who decides whether to return an employee to work?

The employer makes the employment and safety-sensitive assignment decision. A SAP evaluates compliance and recommends follow-up testing but does not order an employer to hire or reinstate someone.

Need Help With the DOT Return-to-Duty Process?

A DOT-qualified Substance Abuse Professional can help you understand the requirements that apply to your transportation role and guide you through the federally required SAP process.

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