Railroad and Public-Transit Drug Testing

Railroad and public-transit testing both use 49 CFR Part 40 procedures, but they operate under different agency rules. FRA’s railroad program is in 49 CFR Part 219. FTA’s public-transportation program is in 49 CFR Part 655. Coverage, test triggers, post-accident requirements, and program administration must be analyzed under the correct rule.

This guide is educational and is not legal advice. For the common federal framework, see Regulated and Safety-Sensitive Drug Testing.

FRA railroad coverage

FRA identifies regulated employees by the service they perform. Covered groups include hours-of-service employees, maintenance-of-way roadway workers, and mechanical employees who perform specified inspections or tests on railroad rolling equipment. Contractors and volunteers can be covered when they perform regulated service.

Examples include train and engine crews, dispatchers, signal employees, roadway workers, and covered mechanical personnel. The current Part 219 definitions and the employee’s actual duties should be checked rather than relying on craft name alone.

FRA testing

Part 219 addresses random testing, reasonable cause, reasonable suspicion, return-to-duty, follow-up, and railroad-specific post-accident toxicological testing. FRA post-accident testing is distinct from ordinary Part 40 testing and uses defined accident and incident thresholds. The railroad must promptly make a good-faith determination about whether the event and each involved employee meet the rule.

FRA states that, for surviving employees in a qualifying event, required blood and urine collections should be completed within four hours when practicable. Because errors can intrude on privacy or compromise an investigation, employers should use the current rule and FRA’s determination tools.

FTA public-transit coverage

Part 655 applies to recipients and subrecipients of specified federal transit assistance and to contractors performing covered functions. Covered safety-sensitive functions include operating a revenue-service vehicle, operating a non-revenue vehicle when a CDL is required, controlling dispatch or movement, maintaining revenue-service vehicles or equipment, and carrying a firearm for transit security.

A contractor or subcontractor can be covered even when its workers are not direct employees of the transit agency. The funding relationship, contract, and function performed all matter.

FTA testing categories

FTA programs include pre-employment drug testing, random drug and alcohol testing, reasonable-suspicion testing, post-accident testing, and return-to-duty and follow-up testing after a violation. Part 655 defines the qualifying events and the employees subject to post-accident testing. Testing should not be ordered merely because an incident occurred if the federal criteria are not met, although a separate lawful employer test may be possible if clearly kept non-DOT.

Part 40 procedures

For both FRA and FTA programs, Part 40 governs the federal collection process, custody documentation, laboratory, MRO review, alcohol testing, refusals, and SAP return-to-duty process unless a railroad-specific post-accident procedure controls. The employer must use the correct federal form and may not add non-DOT drugs to the DOT specimen.

Prescription and over-the-counter medication

A legitimate prescription may provide a medical explanation for a laboratory result, but it does not automatically resolve fitness-for-duty concerns. FRA specifically emphasizes policies and education addressing medications that can cause drowsiness, fatigue, or other impairment. Employees should follow the employer’s medication policy and use qualified medical channels rather than sharing diagnoses broadly.

After a positive or refusal

The employee must be removed from the covered safety-sensitive function. Return requires the Part 40 SAP process, compliance with education or treatment recommendations, a negative return-to-duty test, and follow-up testing. A railroad or transit employer may have additional employment rules, but it cannot waive the federal return-to-duty requirements.

Key differences to document

  • which agency rule covers the worker;
  • the precise safety-sensitive function;
  • whether a contractor is included;
  • the test reason and agency-specific trigger;
  • whether FRA post-accident procedures replace ordinary Part 40 collection; and
  • which records and reports the agency requires.

Sources

Legal and evidence review: October 29, 2026. Consult the current FRA or FTA rule for a specific event or worker.