Section 219.104 contains the procedures for administrative handling by the railroad or contractor in the event a body fluid specimen provided under this subpart is reported as a verified positive by the Medical Review Officer, a breath alcohol specimen is reported at 0.04 or greater by the Breath Alcohol Technician, or a refusal to test has occurred. The responsive action required in § 219.104 is not stayed pending the result of the testing of a split body fluid specimen or a challenge to any part of the testing process or procedure.
[81 FR 37937, June 10, 2016, as amended at 88 FR 27652, May 2, 2023]
authority: 49 U.S.C. 20103,
20107,
20140,
21301,
21304,
21311;
28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (
49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and
49 CFR 1.89
source: 66 FR 41973, Aug. 9, 2001, unless otherwise noted.
cite as: 49 CFR 219.619