49 CFR 219.501 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 200.1 To Parts 273-299) — Other Regulations Relating To Transportation (Continued) (§ 200.1 To Parts 273-299) — Federal Railroad Administration, Department Of Transportation (§ 200.1 To Parts 273-299) — Control Of Alcohol And Drug Use (§ 219.1 To Appendix C To Part 219) — Pre-Employment Tests (§ 219.501 To § 219.505) — Pre-employment drug testing.

(a) Prior to the first time a covered employee performs covered service for a railroad, the employee must undergo testing for drugs. No railroad may allow a covered employee to perform covered service, unless the employee has been administered a test for drugs with a result that did not indicate the misuse of controlled substances. This requirement applies to final applicants for employment and to employees seeking to transfer for the first time from non-covered service to duties involving covered service.

(b) As used in subpart H of this part with respect to a test required under this subpart, the term covered employee includes an applicant for pre-employment testing only. In the case of an applicant who declines to be tested and withdraws the application for employment, no record may be maintained of the declination.