DER TRAINING COURSE - FRA
This FRA-focused course is an enhancement to the self-guided Designated Employee Representative (DER) training. The course details the protocols and processes required by the Federal Railroad Administration (FRA) under 49 CFR Part 219 for certain employees in the railroad industry where they differ from or expand on the drug and alcohol testing procedures outlined in 49 CFR Part 40.
It is critical for the DER to understand and follow the particular requirements of the transportation mode that regulates their industry. The employer risks non-compliance when following DOT protocols, but not those of their modal agency.
DERs working with railroad employees must be knowledgeable about the guidelines presented in 49 CFR Part 219 in addition to those covered in 49 CFR Part 40 and the safety-sensitive positions that are regulated under this modal agency.
Federal Railroad Administration (FRA) 49 CFR Part 219
Covered employee: A person who performs hours of service functions at a rate sufficient to
be placed into the railroad’s random testing program. Categories of personnel who normally
perform these functions are locomotive engineers, trainmen, conductors, switchmen, locomotive
hostlers/helpers, utility employees, signalmen, operators, and train dispatchers.
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Frequently Asked Questions
Who is regulated under FRA's drug and alcohol testing requirements?
For purposes of 49 CFR Part 219, FRA has designated regulated employees to be those who perform service under the hours-of-service laws (covered service) and maintenance-of-way employees as defined as a "roadway worker” in 49 CFR 214.7. In addition, any employee who, on behalf of a railroad, performs mechanical tests or inspections required by 49 CFR Parts 215, 221, 229, 230, 232, or 238 on railroad rolling equipment, or its components, is also subject to Part 219 requirements.
What are the FRA covered positions for drug and alcohol testing?
s of March 4, 2022, the term "regulated service" includes all hours-of-service employees, roadway workers, and mechanical employees, inclusive of "regulated service" contractors, and also individuals who may volunteer to perform regulated service duties for a railroad. These generally include the following crafts or functions:
Train and engine service employees involved in the movement of trains or engines (e.g., conductors, brakemen, switchmen, engineers, locomotive hostlers/helpers)
Dispatching employees who issue mandatory directives (e.g., train dispatchers, control operators)
Signal employees who inspect, repair, or maintain signal systems
Maintenance-of-way employees performing duties of roadway workers as defined in Section 214.7
Any employee who, on behalf of a railroad, performs mechanical tests or inspections required by Parts 215, 221, 229, 230, 232, or 238 on railroad rolling equipment, or its components, as defined in "Mechanical or MECH employee" in Section 219.5, which became effective March 4, 2022.
