Page:United States Statutes at Large Volume 108 Part 2.djvu/161

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 877 by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation; and (B) when the Secretary considers it appropriate, disqualification for an established period of time or dismissal of any employee found— (i) to have used or been impaired by alcohol when on duty; or (ii) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or a regulation or order under this chapter. (2) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations and issue orders requiring railroad carriers to conduct periodic recurring testing of 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 Government regulation. (c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out "^ this section, the Secretary of Transportation shall develop requirements that shall— (1) promote, to the maximum extent practicable, individual privacy in the collection of specimens; (2) for 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 amendments to those guidelines, including mandatory guidelines establishing— (A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing; (B) the minimum list of controlled substances for which individuals may be tested; and (C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section; (3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests; (4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confinned by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance; (5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirma- 79-194 0—95—6:QL 3 Part 2

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