2010 US Code
Title 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART A - SAFETY
CHAPTER 201 - GENERAL
SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY
Sec. 20165 - Limitations on non-Federal alcohol and drug testing
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART A - SAFETY CHAPTER 201 - GENERAL SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY Sec. 20165 - Limitations on non-Federal alcohol and drug testing |
Contains | section 20165 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 110-432, div. A, title IV, §409(a), Oct. 16, 2008, 122 Stat. 4887. |
Statutes at Large Reference | 122 Stat. 4887 |
Public Law Reference | Public Law 110-432 |
§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).
(Added Pub. L. 110–432, div. A, title IV, §409(a), Oct. 16, 2008, 122 Stat. 4887.)
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