PURPOSE: This rule prevents accidents and injuries in the operation of rail fixed guideway systems that result from the impairment of employees by alcohol or drugs. This rule adopts the minimum safety standards for the control of alcohol and drug use which are prescribed by FTA regulations in 49 CFR part 655. This rule does not restrict a rail fixed guideway system from adopting and enforcing additional or more stringent requirements not inconsistent with this rule.

1. (1) Every rail fixed guideway system shall meet or exceed the Federal Transit Administration’s (FTA) alcohol and controlled substances testing requirements under 49 Code of Federal Regulations (CFR) part 655.

AUTHORITY: sections 389.1005 and 622.027, RSMo 2000.* This rule originally filed as 4 CSR 265-9.060. Emergency rule filed Feb. 5, 1993, effective Feb. 15, 1993, expired June 14, 1993. Original rule filed Nov. 4, 1992, effective June 7, 1993. Emergency amendment filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007.

*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993, 1995. 7 CSR 265-9