Page:United States Statutes at Large Volume 109 Part 1.djvu/625

 PUBLIC LAW 104-59 —NOV. 28, 1995 109 STAT. 609 " (b) TESTING PROGIIAM FOR MASS TRANSPORTATION EMPLOY- EES. —(1)(A) In the interest of mass transportation safety, the Sec- Regulations, retary shall prescribe regulations that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct premployment, reasonable suspicion, random, and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such operations to conduct premployment testing of such employees for the use of alcohol.". (b) RAILROAD TESTING. —Section 20140(b)(1)(A) of title 49, United States Code, is amended to read as follows: "(A) a railroad carrier to conduct premployment, 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 a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct premployment testing of such employees for the use of alcohol; and". (c) MOTOR CARRIER TESTING. —Section 31306(b) of such title is amended by striking the subsection designation and all that follows through paragraph (1)(A) and inserting the following: " (b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHICLES. —(1)(A) In the interest of commercial motor vehicle Regulations, safety, the Secretary of Transportation shall prescribe regulations that establish a program requiring motor carriers to conduct premployment, reasonable suspicion, random, and post-accident testing of operators of commercial motor vehicles for the use of a controlled substance in violation of law or a United States Government regulation and to conduct reasonable suspicion, random, and post-accident testing of such operators for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such motor carriers to conduct premployment testing of such employees for the use of alcohol.". (d) AVIATION TESTING. — (1) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR CARRIERS.— Section 45102(a) of title 49, United States Code, is amended by striking the subsection designation and all that follows through paragraph (1) and inserting the following: "(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR CARRIERS.— (1) In the interest of aviation safety, the Adminis- Regulations, trator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct premployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening contract personnel, and other air carrier employ- ees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct

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