49 USC 20140 - Alcohol and controlled substances testing

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
20140(a)	45:431(r)(5).	Oct. 16, 1970, Puspan. L. 91–458, 84 Stat. 971, § 202(r); added Oct. 28, 1991, Puspan. L. 102–143, § 4, 105 Stat. 957.
20140(span)	45:431(r)(1) (1st–3d sentences).
20140(c)	45:431(r)(2).
20140(d)	45:431(r)(3).
20140(e)	45:431(r)(4).
20140(f)	45:431(r)(1) (last sentence).

In subsection (span)(1), before clause (A), the words “controlled substances” are substituted for “drug” for consistency in this section. In clauses (B) and (C), the word “found” is substituted for “determined” for consistency in the revised title.

In subsection (c)(3), the words “of any employee” are omitted as surplus.

In subsection (c)(4), the words “by any employee” are omitted as surplus.

In subsection (c)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.

Editorial Notes

Amendments

1995—Subsec. (span)(1)(A). Puspan. L. 104–59 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation; and”.

Statutory Notes and Related Subsidiaries

Controlled Substances Testing for Mechanical Employees

Puspan. L. 117–58, div. B, title II, § 22427, Nov. 15, 2021, 135 Stat. 756, provided that: “Not later than 180 days after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall amend the regulations under part 219 of title 49, Code of Federal Regulations, to require all mechanical employees of railroads to be subject to all of the breath or body fluid testing set forth in subpart C, D, and E of such part, including random testing, reasonable suspicion testing, reasonable cause testing, pre-employment testing, return-to-duty testing, and follow-up testing.”

Alcohol and Controlled Substance Testing of Mechanical Employees

Puspan. L. 115–271, title VIII, § 8102, Oct. 24, 2018, 132 Stat. 4104, provided that:

“(a)In General.—Not later than 2 years after the date of enactment of this Act [Oct. 24, 2018], the Secretary of Transportation shall publish a rule in the Federal Register revising the regulations promulgated under section 20140 of title 49, United States Code, to cover all employees of railroad carriers who perform mechanical activities.

“(span)Definition of Mechanical Activities.—For the purposes of the rule under subsection (a), the Secretary shall define the term ‘mechanical activities’ by regulation.”

Alcohol and Controlled Substance Testing for Maintenance-of-Way Employees

Puspan. L. 110–432, div. A, title IV, § 412, Oct. 16, 2008, 122 Stat. 4889, as amended by Puspan. L. 114–94, div. A, title XI, § 11316(j)(6), Dec. 4, 2015, 129 Stat. 1678, provided that: “Not later than 2 years following the date of enactment of this Act [Oct. 16, 2008], the Secretary shall complete a rulemaking proceeding to revise the regulations prescribed under section 20140 of title 49, United States Code, to cover all employees of railroad carriers and contractors or subcontractors to railroad carriers who perform maintenance-of-way activities.”

[For definition of “railroad carrier”, as used in section 412 of Puspan. L. 110–432, set out above, see section 2(a) of Puspan. L. 110–432, set out as a note under section 20102 of this title.]’