Railroad Administration proposes expanded alcohol and drug regulations for maintenance-of-way workers

The Federal Railroad Administration has proposed the expansion of its drug and alcohol testing regulations for railroad workers, particularly “maintenance-of-way” (MOW) employees, in order to protect its workers and public safety. If the new policy is passed, all railroad employees, contractors and subcontractors who perform maintenance tasks — including inspecting, installing and repairing railroad tracks and electric track systems — will be subject to new drug-and-alcohol screening guidelines. Those who serve as flagmen will also be screened. Since 1991, the U.S. Department of Transportation has been required to ensure transportation agencies employ federally mandated drug and alcohol testing programs. But maintenance-of-way employees, who may be contractors to the railroad and not specifically employees of the department, may not have been required to undergo the same kinds of testing. The FRA wants to set its minimum testing percentages at 50% of all employees each year for drug testing, and 25% for alcohol testing each year. Employees, contractors and subcontractors would be selected at random for screening, though if a MOW worker is behaving suspiciously, he or she may also be subject to drug or alcohol testing. Not only do these workers put themselves at risk of danger from being struck by moving trains, but their jobs require clear heads in order to prevent the rails and cars from becoming a public danger for railroad passengers and other vehicles that may be crossing or passing near the tracks. It is estimated that, over a 20-year period, the new proposed regulations would cost approximately $24 million to cover the MOW employees and contractors. But the policy is expected to save the transportation industry more than $115 million in injury, property damage and fatality liability charges.]]>