Last updated on December 7th, 2020 at 02:22 pm
The Federal Railroad Administration (FRA) is broadening the scope of its existing drug and alcohol testing regulation to cover MOW employees.
If you are a private employer with employees working on or near railroad tracks, this information is very important to you. You can get into compliance today with our FRA-MOW Program.
Contractors with MOW employees have been receiving letters from Railroads requiring compliance. A “regulated employee” includes a contractor to a railroad or any individual who is performing activities for a railroad and includes those contractors or individuals who are deemed “maintenance-of-way” or “MOW” employees. The term maintenance-of-way (MOW) employee under the new FRA regulations means any contractor to a railroad, whose duties include inspection, construction, maintenance or repair of roadway track, bridges, roadway, signal and communications systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near track or with the potential of fouling a track, and flagmen and watchmen/lookouts (MOW activities).
The rule, which is effective June 12, 2017, will require Contractors to submit a 219 Compliance Plan prior to the effective date. The plans must be submitted to and approved by the Federal Railroad Administration (FRA).
The final rule will mandate, among other things, that a Contractor establish a random testing pool in order to ensure a testing rate of 50% for drug and 25% for alcohol of its MOW employees on an annual basis.
Failure of a contractor to timely comply with the FRA regulations may subject the contractor to civil penalties.
Contractors who do not comply with the FRA regulations will not be able to work on railroad properties, and may be subject to termination of their contracts for failure to comply with applicable law.
National Drug Screening offers a complete compliance program that including writing the drug and alcohol testing plan and submittal for approval to the FRA. Other great benefits of this program include:
- Step by step instructions and all required documents – all in one great compliance manual.
- As required – A policy statement on controlled substances use and alcohol misuse in the workplace – your customized DOT Drug & Alcohol Testing Policy
- As required – educational materials to be distributed to all covered employees
- As required – supervisor training materials and access to live or on line additional supervisor training
- As required – employee assistance programs, rehabilitation, and treatment programs information.
- As required – access to Substance Abuse Professional (SAP) for DOT violations
- As required – copies of DOT and FRA regulation 49 CFR Part 40 and FRA regulation 49 CFR Part 219
- As required – A controlled substances and alcohol testing program for persons, used in FRA covered duties
- Random testing consortium and instructions required random testing.
- All required forms for compliance.
- Instructions for required record keeping.
Call today for quick easy compliance for the new FRA requirement for a drug and alcohol testing program for maintenance-of-way (MOW) employees.
New FRA – MOW Compliance Package
This DOT FRA package is for contractors with MOW employees. The package includes the FRA Part 219 required 219 Compliance Plan for drug and alcohol testing and submittal of the Plan to the FRA for approval. The package will enroll your employees into the required FRA random consortium at the required random testing rates of 25% for Alcohol and 50% for drugs. Also included is one online supervisor training as required by FRA regulations.
Click Here to Order at $695.00 specify in notes: FRA – MOW
>>> Update on New FRA MOW Rule, Part 219 – 06/14/2017 >>>
“How do I comply with FRA’s final rule on Coverage of Maintenance of Way (MOW) Employees (rule) in FRA’s drug and alcohol regulations in 49 CFR part 219, which became effective on June 12, 2017?”
The Federal Railroad Administration’s (FRA) final rule on Coverage of Maintenance of Way (MOW) Employees (rule) in FRA’s drug and alcohol regulations in 49 CFR part 219, became effective on June 12, 2017. The rule requires railroads and MOW contractors to submit new and revised random testing plans to FRA for review and approval or acceptance. (See § 219.605(e)). However, because of the volume of random testing plans received, FRA will not complete its review of plan submissions by June 12, 2017.
Several railroads and contractors have asked FRA if they must start conducting random testing for MOW employees on June 12, 2017, even if FRA has not approved or accepted their random testing plan. The answer to this question is no. You and your MOW employees are in compliance with the rule’s new random testing requirements in part 219 if you submitted your random testing plan to FRA by June 12, 2017, even if you have not received written notice from FRA of your plan’s approval or acceptance.
You may not, however, implement your random testing plan until FRA notifies you of its approval or acceptance of your submitted plan. (See § 219.605(a)). If FRA previously notified you that your plan requires revisions for approval or acceptance, you remain responsible for resubmitting your plan with the required revisions within 30 days of FRA’s notification. (See § 219.605(b)).
You must implement your random testing plan within 30 days of notice of FRA’s approval or acceptance. (See § 219.605(c)).
This clarification applies only to random testing plans submitted to FRA by June 12, 2017. Starting on June 12, 2017, the revised rule still requires you to perform other types of FRA drug and alcohol testing, such as pre-employment drug testing and reasonable suspicion testing, for all regulated employees. You must also, if an accident qualifies as a Human-factor highway-rail grade crossing accident, perform FRA post-accident toxicological testing on a MOW employee who meets the testing criteria. (See § 219.201(a)(5)).
National Drug Screening can assist with complete compliance with the new FRA MOW rule effecting Roadway Workers including submitting plans to the FRA for approval.
History of the FRA – MOW Drug Testing Regulation
In response to Congress’ mandate in the Rail Safety Improvement Act of 2008 (RSIA), FRA has expanded the scope of its drug and alcohol regulation to cover MOW employees. This rule also codifies guidance from FRA compliance manuals, responds to National Transportation Safety Board (NTSB) recommendations, and adopts substantive amendments based upon FRA’s regulatory review of 30 years of implementation of this part.
The rule expands the scope of FRA’s alcohol and drug regulations to cover employees, including contractors, that perform railroad maintenance-of-way activities as required by section 412 of the Rail Safety Improvement Act of 2008. The rule also proposes certain substantive amendments that either respond to NTSB recommendations or update and clarify the alcohol and drug regulations based on a retrospective analysis. The FRA will hold railroads, contractors, and subcontractors equally responsible for ensuring that their employees who perform MOW activities are in compliance with the requirements of Part 219. The final rule goes into effect on June 12, 2017.
National Drug Screening can provide for all your MOW / FRA contractor compliance needs including FRA policy, consortium or company specific random testing program, supervisor training requirements, and of course your DOT Drug and Alcohol Testing including online ordering, MIS reporting, and electronic results. Contact us at 866.843.4545 to find out more.