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49 U.S.C. § 20165 — Limitations on non-Federal alcohol and drug testing

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20165 — Limitations on non-Federal alcohol and drug testing

**(a) Testing Requirements.—** Any non-Federal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cut-off level established by the carrier. **(b) Redress Process.—** Each 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, except a probationary employee, in connection 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 Labor Act ([45 U.S.C. 153](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim)).

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Source file: Laws/federal/codes/united-states-code/title-49/section-20165-limitations-on-non-federal-alcohol-and-drug-testing--5fb8707780.md
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Source location: Title 49, Chapter 201, § 20165; chapter-201-general.md

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**(a) Testing Requirements.—** Any non-Federal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cut-off level established by the carrier. **(b) Redress Process.—** Each 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, except a probationary employee, in connection 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 Labor Act ([45 U.S.C. 153](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section153&num=0&edition=prelim)).

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 153 — National Railroad Adjustment Board

First. Establishment; composition; powers and duties; divisions; hearings and awards; judicial review

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 153 — National Railroad Adjustment Board

Page 13 TITLE 45—RAILROADS § 153 wages of its or their employees in a craft or class and payment to the labor organization representing the craft or class of such employ- ees, of any periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership: Provided, That no such agreement shall be effective with respect to any individual employee until he shall have furnished the employer with a written assign- ment to the labor organization of such mem- bership dues, initiation fees, and assessments, which shall be revocable in writing after the expiration of one year or upon the termination date of the applicable collective agreement, whichever occurs sooner. (c) The requirement of membership in a labor organization in an agreement made pur- suant to subparagraph (a) of this paragraph shall be satisfied, as to both a present or fu- ture employee in engine, train, yard, or hostling service, that is, an employee engaged in any of the services or capacities covered in the First division of paragraph (h) of section 153 of this title defining the jurisdictional scope of the First Division of the National Railroad Adjustment Board, if said employee shall hold or acquire membership in any one of the labor organizations, national in scope, or- ganized in accordance with this chapter and admitting to membership employees of a craft or class in any of said services; and no agree- ment made pursuant to subparagraph (b) of this paragraph shall provide for deductions from his wages for periodic dues, initiation fees, or assessments payable to any labor orga- nization other than that in which he holds membership: Provided, however, That as to an employee in any of said se

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20165 — Limitations on non-Federal alcohol and

Page 597 TITLE 49—TRANSPORTATION § 20167 provement Act of 2008, the Secretary of Trans- portation shall prescribe standards, guidance, regulations, or orders governing the develop- ment, use, and implementation of rail safety technology in dark territory, in arrangements not defined in section 20501 or otherwise not cov- ered by Federal standards, guidance, regula- tions, or orders that ensure the safe operation of such technology, such as— (1) switch position monitoring devices or in- dicators; (2) radio, remote control, or other power-as- sisted switches; (3) hot box, high water, or earthquake detec- tors; (4) remote control locomotive zone limiting devices; (5) slide fences; (6) grade crossing video monitors; (7) track integrity warning systems; or (8) other similar rail safety technologies, as determined by the Secretary. (b) DARK TERRITORY DEFINED.—In this section, the term ‘‘dark territory’’ means any territory in a railroad system that does not have a signal or train control system installed or operational. (Added Pub. L. 110–432, div. A, title IV, § 406(a), Oct. 16, 2008, 122 Stat. 4886; amended Pub. L. 114–94, div. A, title XI, § 11316(i), Dec. 4, 2015, 129 Stat. 1677.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Rail Safety Improve- ment Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was ap- proved Oct. 16, 2008. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94 substituted ‘‘after the date of enactment of the Rail Safety Improvement Act of 2008’’ for ‘‘after enactment of the Railroad Safety Enhancement Act of 2008’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1,

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