INDIANA HARBOR BELT RAILROAD COMPANY

CIRCULAR NOTICE NO. 65

TO: ALL CONCERNED OCTOBER 1, 2008

RANDOM DRUG TESTING REQUIREMENT CHANGES - DOT FRA

On August 15, 1994, all railroads subject to 49 CFR 219, Subpart G, Random Drug Testing Programs, were required to amend their program to permit the use of split sampling and reduce the time for a "shy bladder" syndrome to 3 hours. The regulation further mandates that railroads notify affected employees of this change.

The rule {Sec. 40.25(f)(10)(ii)} mandates that all random selected Hours of Service employees subject to the RDTP provide at least 45 ml. of urine. The sample will be divided into primary and split specimens and sent to the testing laboratory. If a test returns positive, the Medical Review Officer (MRO) will review the test results and contact the employee and advise that the employee has the right to have the split sample tested within 72 hours. The employee must sign a release form authorizing the same laboratory to test the split sample or they may choose another laboratory on the Department of Health and Human Services (DHHS) list of authorized laboratories.

If an employee is unable to provide a specimen within 3 hours of his/her first attempt, he/she may be directed to drink not more than 40 oz. of fluid within that 3 hours. If the employee is unable to provide an adequate (45ml) specimen during that time, the test should be canceled and the employer informed.

A licensed physician will conduct a medical evaluation to ascertain if there is a medical reason for the employee’s inability to provide a specimen. The physician shall provide a written determination to the Medical Review Officer. The MRO will inform the employer in writing whether there is a medical reason for the employee’s inability to produce a specimen or if the employee refused to be tested. Employees refusing to be tested will be subject to 49 CFR 219.603(b).

All affected employees must be notified of this change, and 49 CFR 219.603 (b) reads as follows:

"(b) Refusals.

(1) An employee who, upon being notified of the requirement to provide a sample under

this subpart, refuses to provide a sample shall be withdrawn from covered service and

shall be deemed disqualified for a period of nine (9) months. The disqualification

required by this paragraph shall apply with respect to employment in covered service

by any railroad with notice of such refusal. The requirement of disqualification for

nine (9) months does not limit any discretion on the part of the railroad to impose

additional sanctions for the same or related conduct."

D.D. Kelley

Transportation Superintendent