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Straight
Track #80
| What Railroaders Should Know About New Drug & Alcohol Testing Rules
Gary Babiarz
Hoey & Farina Chief Investigator
1-888-425-1212
On August 1, a new
Department of Transportation requirement went into effect that requires that
pockets must be emptied prior to giving a urine sample for drug testing.
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The next two
issues of Straight Track will highlight the changes as well as provide
some tips on how to protect yourself during the process of alcohol and
drug testing.
For background,
you should know that the protocol for testing is issued by the Department
of Health and Human Services, and DOT has incorporated that protocol into
its testing regulations. Title 49 of the Code of Federal Regulations,
Section 219.703, issued by the Federal Railroad Administration, states
that urine samples shall be collected and handled as required by Title 49,
Part 40, of the Code of Federal Regulations.
Part 40 covers
all modes of transportation including railroads. While drug testing for
railroaders is nothing new and has been around since 1985, the latest rule
changes go to adulterants and the perceived need to protect the integrity
of the tests.
During the
DOT's consideration of the involved regulation, railroad unions objected
to the proposed requirement to empty one's pockets as intrusive and
violating due process. The DOT concluded that taking objects out of one's
pockets is a minimal intrusion into the employee's privacy, while at the
same time helping to deter and detect attempts to cheat on tests. Since
the taking of bodily fluids was already not deemed unconstitutional, the
unions decide not to waste membership resources in further challenging the
“empty your pockets” rule.
These articles
are intended to alert you to the new drug and alcohol testing requirements
that apply to all railroaders. Of course, all of the specifics of the new
testing requirements cannot be addressed here. Nevertheless, we will
attempt to highlight the important provisions of the new rules.
Over the next
two weeks, check your email Inbox for detailed material concerning
important sections of the new rule, Part 40, as well as useful checklists
for you to have handy in the event of a random alcohol test and a urine
test.
Ray Lineweber
has allowed us to run the pamphlet on the Title 49 changes that he put
together and we wish to thank him for the time and effort he has dedicated
to the issue. The newsletters to come, with the accompanying checklists
for railroaders, will do much to inform all railroaders of their rights to
have fair and accurate drug and alcohol testing.
Remember, the
first line of protection of your interests is your own knowledge of your
rights. We urge you to exercise your rights. Any questions regarding
alcohol and drug testing on the railroad can be answered by your local
union officers and, alternately, your union designated legal counsel.
As always
please contact Hoey & Farina, your designated counsel, with any questions or
concerns without any obligation. We can be reached at any time day or
night at 1-888-425-1212.
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