FRA SAP Program

FRA testing can apply to several different groups of railroad workers.

Under the definitions in 49 CFR § 219.5, regulated employees can include:

• Locomotive engineers
• Conductors
• Trainmen, brakemen, and switchmen
• Locomotive hostlers and helpers
• Utility employees
• Train dispatchers
• Certain control operators
• Signal employees
• Maintenance-of-way and roadway workers
• Certain mechanical employees who inspect or test railroad equipment

Contractors and volunteers can also come under FRA testing rules when they perform regulated railroad work.

This means that simply working for a railroad does not automatically put you under Part 219. Instead, the duties you perform control whether you’re a covered employee under FRA and DOT drug and alcohol rules.

The FRA restricts drug and alcohol use, both on and off duty, in 49 CFR § 219.101, 49 CFR § 219.102, and 49 CFR § 219.103.

Under § 219.101, you’re prohibited from alcohol or drugs when:

• Possession or use of drugs or alcohol while on duty as a regulated employee
• Reporting to or remaining on duty while under the influence of alcohol or controlled drugs
• Reporting to or remaining on duty with a blood alcohol concentration (BAC) of 0.04% or higher
• Using alcohol within four hours of performing regulated work or being notified to report for regulated work

If you’re given an alcohol test while on duty, you can’t continue to work when your BAC tests 0.02% or higher but less than 0.04% and can’t return until the start of your next regular shift or for at least eight hours under 219.101(1)(a)(4).

However, the result is not itself a violation of § 219.101.

Under § 219.102, you’re prohibited from using controlled drugs while on or off duty at any time, except as allowed under § 219.103.

Problems can arise if you:

• Use or possess alcohol or a prohibited controlled substance while on duty and subject to regulated service
• Report for regulated service while impaired by alcohol or a controlled substance
• Have an alcohol concentration of 0.04 or higher
• Drink alcohol within four hours before reporting for regulated service
• Drink after receiving notice that you must report for regulated service
• Use a controlled medication in a way that does not meet FRA requirements
• Receive a verified positive DOT drug test
• Refuse a required federal drug or alcohol test

Prescription Medication and FRA-Regulated Employees

A prescription does not automatically mean you can use a medication while performing regulated railroad duties.

Section 219.103 addresses the use of prescription medications and allows them in the following situations:

• Your doctor has made a good-faith judgment that the controlled drug at the prescribed amount won’t interfere with the safe performance of your railroad duties
• You only use the medication exactly as prescribed
• Your doctor has been informed of any medications prescribed by other doctors treating you and is aware of all medications you take

Your railroad may also have its own policy requiring you to report certain medications or receive approval before performing regulated service.

Once a railroad determines that you violated the FRA drug or alcohol rules, 49 CFR § 219.104 requires the railroad to remove you from regulated service immediately.

Similarly, the railroad must also immediately remove you from duty if you refuse an FRA drug or alcohol test.

The same section requires the railroad to tell you that you cannot perform DOT safety-sensitive work until you complete the applicable Part 40 return-to-duty requirements.

Under 49 CFR § 40.285, you must complete the SAP return-to-duty process before you can perform DOT-regulated safety-sensitive work again.

Finishing those requirements does not force your railroad to put you back in your previous job. 49 CFR § 40.305 leaves that employment decision to the employer, subject to applicable agreements or other legal requirements.

Railroad employees need to know about one FRA-specific consequence that can significantly affect the return-to-work timeline.

Under 49 CFR § 219.107, refusing to provide a required breath or body-fluid specimen results in a nine-month suspension from regulated railroad service.

Submitting an adulterated or substituted specimen also counts as a refusal.

You can work on your SAP requirements during those nine months, but completing the SAP process early does not end the FRA withdrawal early.

After the nine months expire, you still have to meet the applicable return-to-duty requirements before a railroad can allow you back into regulated service.

A railroad may also impose separate consequences under its own policies or collective bargaining agreement.

If you believe your positive drug test results are wrong, you can request split-specimen testing under 49 CFR part 40 § 40.171 and a hearing under 49 CFR part 219 § 219.104(c).

When you provide your initial sample for your FRA drug test, the test administrator splits the sample into two vials and seals them.

When the initial sample tests positive and is confirmed by the Medical Review Officer (MRO), you can request a confirmatory test of the second vial within 72 hours of being notified of your confirmed result.

This is called split-specimen testing.

• 219.104(c) also allows you to demand a hearing within 10 days of your suspension and removal from duty due to an alleged violation of the drug and alcohol rules.

At this hearing, you can present evidence to show that the allegation is wrong and that you didn’t violate the rules.

FRA rules provide for testing in several different situations.

Depending on your job and circumstances, these can include:

• Pre-employment drug testing – 49 CFR § 219.501
• Optional pre-employment alcohol testing – 49 CFR § 219.502
• Random testing – 49 CFR Part 219, Subpart G
• Post-accident testing – 49 CFR Part 219, Subpart C
• Reasonable suspicion testing – 49 CFR § 219.301
• Federal reasonable cause testing – 49 CFR § 219.401
• Return-to-duty testing – 49 CFR Part 40 § 40.305(a)
• Follow-up testing – 49 CFR Part 40 § 40.307

Before performing regulated service for a railroad for the first time, you will generally need a negative federal pre-employment drug test, subject to the exceptions in § 219.501.

The FRA does not require every railroad to conduct a pre-employment alcohol test.

Under § 219.502, an employer can choose to include one if it follows the federal requirements.

The FRA sets minimum annual random testing rates under 49 CFR § 219.625.

For calendar year 2026, the minimum rates are:

These percentages apply to the employer’s testing pool. They do not mean you will personally receive a set number of random tests during the year.

Under 49 CFR § 219.613, employees in the applicable random pool must have an equal chance of selection each time the railroad makes a random draw.

For locomotive engineers and conductors, returning to regulated service is only part of the issue. Certain drug or alcohol violations can also affect FRA certification.

Engineer certification rules appear in 49 CFR § 240.119, while conductors are covered by 49 CFR § 242.115.

The length of certification ineligibility varies with the violation and your prior history.

Examples include:

• One § 219.101 alcohol violation generally results in nine months of certification ineligibility, subject to specific referral-program exceptions
• One § 219.102 controlled-substance violation makes you ineligible during your evaluation and any required primary treatment
• Two § 219.102 violations can result in two years of ineligibility
• One drug violation plus one alcohol violation can result in three years
• Certain repeated violations can lead to five years of ineligibility

Refusals can also affect certification. The rules treat a refusal differently depending on whether you refused a body-fluid specimen, a breath test, or certain post-accident testing.

Before certification is restored after a qualifying violation, engineers and conductors must meet the requirements in § 240.119 or § 242.115, including:

• SAP evaluation
• Completion of required counseling or treatment
• An alcohol result below 02
• A negative controlled-substance test

After returning, these employees must complete at least six alcohol tests and six drug tests during the first 12 months, with follow-up testing allowed for up to 60 months. Your follow-up testing requirements will be based on your SAP’s recommendations.

State marijuana laws do not change the federal testing standards that apply to FRA-regulated railroad employees.

Even if marijuana is legal for recreational or medical use where you live, that does not protect you from a positive DOT marijuana result.

Under 49 CFR § 40.137, a Medical Review Officer must follow federal standards when reviewing a positive drug test.

The DOT also explains in its marijuana guidance that a state medical marijuana card or recommendation is not considered a legitimate medical explanation for a federally confirmed marijuana-positive result.