Page:United States Statutes at Large Volume 105 Part 1.djvu/985

 PUBLIC LAW 102-143—OCT. 28, 1991 105 STAT. 957 I "(d) Procedures. ' "(e) Effect on other laws and regulations. "(f) Definition.". TESTING TO ENHANCE RAILROAD SAFETY SEC. 4. Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by adding at the end thereof the following: "(r)(l) In the interest of safety, the Secretary shall, within twelve Regulations, months after the date of enactment of this subsection, issue rules, regulations, standards, and orders relating to alcohol and drug use in railroad operations. Such regulations shall establish a program which— "(A) requires railroads to conduct premployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as determined by the Secretary) for use, in violation of law or Federal regulation, of alcohol or a controlled substance; "(B) requires, as the Secretary considers appropriate, disqualification for an established period of time or dismissal of any employee determined to have used or to have been impaired by alcohol while on duty; and "(C) requires, as the Secretary considers appropriate, disqualification for an established period of time or dismissal of any employee determined to have used a controlled substance, whether on duty or not on duty, except as permitted for medical purposes by law and any rules, regulations, standards, or orders issued under this title. The Secretary may also issue rules, regulations, standards, and orders, as the Secretary considers appropriate in the interest of safety, requiring railroads to conduct periodic recurring testing of railroad employees responsible for such safety sensitive functions, for use of alcohol or a controlled substance in violation of law or Federal regulation. Nothing in this subsection shall be construed to restrict the discretion of the Secretary to continue in force, amend, or further supplement any rules, regulations, standards, and orders governing the use of alcohol and controlled substances in railroad operations issued before the date of enactment of this subsection. "(2) In carrying out the provisions of this subsection, the Secretary shall develop requirements which shall— "(A) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples; "(B) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated ^ April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which— "(i) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this subsection, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing; "(ii) establish the minimum list of controlled substances for which individuals may be tested; and

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