Page:United States Statutes at Large Volume 122.djvu/4910

 12 2 STA T .48 8 7PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 railsy s tem, t h e S e c retary may b y o r d er treat the g ro up o f railroad carriers as a si n gle railroad carrier for purposes of one or more pro v isions of part A , subtitle V of this title and implementing regulations and order, sub j ect to any appropriate conditions that the Secretary may impose .’ ’. SEC.408 .S TUDYOFR E P E AL OF CO N RA I L PRO V ISION. N ot later than 1 year after the date of enactment of this Act, the Secretary shall complete a study of the impacts of repealing section 7 11 of the R egional Rail Reorgani z ation Act of 1 9 7 3(45U .S. C . 797j ) . Not later than 6 months after completing the study, the Secretary shall transmit a report w ith the Secretary’s findings, conclusions, and recommendations to the Senate Committee on Commerce, Science, and T ransportation and the H ouse of Rep - resentatives Committee on Transportation and I nfrastructure. SEC. 40 9 . LI M ITATIONS ON NON - FEDERAL ALCO H OL AND DRU G TESTING B Y RAILROAD CARRIERS. (a) I NGE NE RAL . — Chapter 20 1, as amended by section 406 of this division, is further amended by adding at the end the following

‘ §20165.Lim i ta ti ons on non -Fed e r a l al c o h ol and dr ug testing ‘ ‘(a) TE STI N G RE QU IRE M ENTS.—Any non- F ederal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are sub- ject to both the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of deter- mining the presence of the specific analyte at a level above the cut-off level established by the carrier. ‘‘(b) RE D RESS P R OC ESS.— E ach railroad carrier that has a non- Federal alcohol and drug testing program must provide a redress process to its employees who are subject to both the alcohol and drug testing program and chapter 211 of this title for such an employee to petition for and receive a carrier hearing to review his or her specimen test results that were determined to be in violation of the program. A dispute or grievance raised by a railroad carrier or its employee, e x cept a probationary employee, in connec- tion with the carrier’s alcohol and drug testing program and the application of this section is subject to resolution under section 3 of the Railway L abor Act (45 U.S.C. 153).’’. (b) CON F ORMING AMENDMENT.—The chapter analysis for chapter 201, as amended by section 406 of this division, is further amended by inserting after the item relating to section 20164 the following: ‘ ‘ 20165.Lim i ta ti ons on non -Fed e r a l al c o h ol and dr ug testing by railroad carriers. ’ ’. SEC. 4 1 0. CRITICAL INCIDENT STRESS PLAN. (a) IN GENERAL.—The Secretary of Transportation, in consulta- tion with the Secretary of Labor and the Secretary of Health and Human Services, as appropriate, shall re q uire each Class I railroad carrier, each intercity passenger railroad carrier, and each com- muter railroad carrier to develop and submit for approval to the Secretary a critical incident stress plan that provides for debriefing, counseling, guidance, and other appropriate support services to be offered to an employee affected by a critical incident. 49USC201 09 note.R e p o r t s. D e adli nes.

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