As information, this revision to Part 219 was published in the Federal Register today.

Mike Ramsey

Mike,

Summarizing, is this saying that Mechanical and MOW employees will be subjected to the same drug testing policies and random testing percentages that apply to all Operating Employees?

Eric

Eric,

MOW has already been subject to Part 219, at a higher rate-- 50% of the "pool". Operating Dept. personnel are usually at 25% of the pool.

This adds MP&E personnel to the Part 219 requirement.

Howard P.

Howard P,

Thanks. I was not aware about MOW being 50%. But I knew that Operating was at 25%. So will MP&E be at 25% as well?

Eric

I believe so, see this portion of the preamble discussion for each portion of the regulation as it relates to MECH employees:

Section 219.625 FRA Administrator’s
Determination of Random Alcohol and
Drug Testing Rates
Paragraph (c)(1)
As stated above, an employee who performs MECH activities is subject to the same random testing requirements as one who performs covered service. Formerly, this paragraph authorized the Administrator to amend the minimum annual random testing rates, which are initially set at 50 percent for drugs and 25 percent for alcohol, for a new
category of regulated employee after the compilation of 18 months of Management Information System (MIS) data. To allow sufficient time for the implementation of random testing by MECH contractors, FRA is requiring two consecutive, full calendar years of MIS
data before the minimum annual random testing rates for this category may be lowered, as it did with both MOW and covered employees when they first became subject to random testing.

The percentage is based upon data received from the testing. If the positive tests go down, then the percentage of testing goes down. If positive tests start to increase, then testing will be increased.

This is the basic procedure used for all modes of transportation, and the different classification of workers in each mode.

Bart

Latest D&A testing rates for random under FRA for 2022:
https://www.regulations.gov/document/FR ... 11213-0028

MDR

I'd just like to point out that some MW employees, and I assume some M of E employees, are CDL Drivers and there's separate regulations governing CDL Driver drug testing requirements.

Brian