49 U.S.C. § 20138 — Tampering with safety and operational

Page 575 TITLE 49—TRANSPORTATION § 20140 for compliance with such requirement, but in no event shall such deadline be extended past 18 months after such rules, regulations, orders, and standards are issued’’ to eliminate unnecessary words. § 20138. Tampering with safety and operational monitoring devices (a) GENERAL.—The Secretary of Transpor- tation shall prescribe regulations and issue or- ders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device. (b) PENALTIES.—(1) A railroad carrier oper- ating a train on which a safety or operational monitoring device is tampered with or disabled in violation of a regulation prescribed or order issued under subsection (a) of this section is lia- ble to the United States Government for a civil penalty under section 21301 of this title. (2) An individual tampering with or disabling a safety or operational monitoring device in vio- lation of a regulation prescribed or order issued under subsection (a) of this section, or know- ingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties estab- lished by the Secretary. The penalties may in- clude— (A) a civil penalty under section 21301 of this title; (B) suspension from work; and (C) suspension or loss of a license or certifi- cation issued under section 20135 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20138 .......... 45:431(o). Oct 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(o); added June 22, 1988, Pub. L. 100–342, § 21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102–365, § 2(3), 106 Stat. 972. In subsection (a), the words ‘‘within 90 days after June 22, 1988’’ are omitted as expired. In subsection (b), the words ‘‘by another person’’ are omitted as surplus. § 20139. Maintenance-of-way operations on rail- road bridges Not later than June 22, 1989, the Secretary of Transportation shall prescribe regulations and issue orders for the safety of maintenance-of- way employees on railroad bridges. The Sec- retary at least shall provide in those regulations standards for bridge safety equipment, including nets, walkways, handrails, and safety lines, and requirements for the use of vessels when work is performed on bridges located over bodies of water. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20139 .......... 45:431(n). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(n); added June 22, 1988, Pub. L. 100–342, § 19(a), 102 Stat. 637; Sept. 3, 1992, Pub. L. 102–365, § 2(2), 106 Stat. 972. The words ‘‘Not later than June 22, 1989’’ are sub- stituted for ‘‘within one year after June 22, 1988’’ for clarity. § 20140. Alcohol and controlled substances test- ing (a) DEFINITION.—In this section, ‘‘controlled substance’’ means any substance under section 102 of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 802) speci- fied by the Secretary of Transportation. (b) GENERAL.—(1) In the interest of safety, the Secretary of Transportation shall prescribe reg- ulations and issue orders, not later than October 28, 1992, related to alcohol and controlled sub- stances use in railroad operations. The regula- tions shall establish a program requiring— (A) a railroad carrier to conduct preemploy- ment, reasonable suspicion, random, and post- accident testing of all railroad employees re- sponsible for safety-sensitive functions (as de- cided by the Secretary) for the use of a con- trolled 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 reg- ulations shall permit such railroad carriers to conduct preemployment testing of such em- ployees for the use of alcohol; and (B) when the Secretary considers it appro- priate, disqualification for an established pe- riod of time or dismissal of any employee found— (i) to have used or been impaired by alco- hol 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 con- siders it appropriate in the interest of safety, the Secretary may prescribe regulations and issue orders requiring railroad carriers to con- duct periodic recurring testing of railroad em- ployees responsible for safety-sensitive func- tions (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 prac- ticable, individual privacy in the collection of specimens; (2) for laboratories and testing procedures for controlled substances, incorporate the De- partment of Health and Human Services sci- entific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing— (A) comprehensive standards for every as- pect of laboratory controlled substances testing and laboratory procedures to be ap- plied in carrying out this section, including standards requiring the use of the best avail- able technology to ensure the complete reli- ability and accuracy of controlled sub- stances tests and strict procedures gov-