What Is FRA Post-Accident Toxicological Testing?

FRA post-accident toxicological testing is the testing required under 49 CFR Part 219 Subpart C after a qualifying railroad accident or incident. A regulated employee directly involved in a qualifying event provides blood and urine specimens for toxicological testing by FRA (49 CFR 219.203). Specimens are collected at an independent medical facility using the FRA post-accident toxicological shipping kit, and the railroad representative completes Form FRA 6180.73 for shipment with them (49 CFR 219.203, 49 CFR 219.205). FRA testing takes priority over toxicological testing by state or local law enforcement officials (49 CFR 219.203).

Subpart C lists five types of qualifying events (49 CFR 219.201). These are a major train accident, an impact accident with a reportable injury or railroad property damage of $150,000 or more, a fatal train incident in which an on-duty employee dies within 12 hours, a passenger train accident with a reportable injury, and a human-factor highway-rail grade crossing accident or incident. A major train accident is a rail equipment accident above the reporting threshold that involves a fatality, a hazardous material release with an evacuation or a reportable injury, or railroad property damage of $1,500,000 or more. Testing is not required for a collision with a motor vehicle at a grade crossing unless it is a human-factor event, or for an event wholly attributable to a natural cause, vandalism, or trespassers, as determined by the railroad representative at the scene.

For a major train accident, each assigned crew member of each involved train is tested regardless of fault. For the other event types, a surviving employee is excluded if the railroad representative can immediately determine, based on specific information, that the employee had no role in the cause or severity of the event (49 CFR 219.203). When an employee dies, the railroad asks the local authority, such as a coroner or medical examiner, to obtain specimens from the remains (49 CFR 219.207).

Part 219 calls for specimens to be provided as soon as possible after the event, preferably within four hours. If collection takes longer, the railroad collects the specimens as soon as practicable and notifies the FRA Drug and Alcohol Program Manager. The railroad may also require a breath alcohol test under 49 CFR Part 40 if it does not interfere with the blood and urine collection (49 CFR 219.203). FRA reports controlled substance results to the employee and the railroad's Medical Review Officer (49 CFR 219.211).