Post-Accident Toxicological Testing; Amended Procedures

SUMMARY: FRA's new ``post-accident shipping boxes'' (formerly

designated ``post-accident testing toxicology kits'') are now available

for distribution to railroads. Each shipping box contains supplies,

instructions, and custody and control forms that have been modified to

incorporate mandatory urine split sample testing, optional breath

alcohol testing, and other technical amendments. In this rule, FRA

conforms the post-accident testing procedures contained in Appendix C

to its alcohol and drug regulations (49 CFR part 219) to these changes.

For ease of understanding, FRA here reprints the entire appendix C to

part 219, as amended.

DATES: Effective date. This final rule is effective April 19, 1995.

This rule is being made effective in less than the 30 days from

publication otherwise required by law so that FRA can immediately

implement post-accident testing amendments that had been delayed

pending availablity of the new shipping boxes. FRA has therefore

determined that good cause exists under the provisions of 5 U.S.C.

553(d)(3) to warrant an expedited effective date.

Compliance date: Compliance is authorized upon receipt of new FRA

post-accident shipping boxes, but in no case later than April 17, 1995.

ADDRESSES: Any petition for reconsideration should be submitted in

triplicate to the Docket Clerk, Docket No. RSOR-6, Office of the Chief

Counsel, Federal Railroad Administration, 400 7th Street, S.W., Room

8201, Washington, D.C., 20590. Questions or comments regarding

replacement of post-accident shipping boxes should be submitted to

Lamar Allen, FRA Alcohol and Drug Program Manager, Office of Safety

Enforcement, Operating Practices Division, Federal Railroad

Administration, 400 7th Street, S.W., Room 8314, Washington, D.C.

20590.

FOR FURTHER INFORMATION CONTACT: Lamar Allen, Alcohol and Drug Program

Manager, Office of Safety Enforcement, Operating Practices Division,

Federal Railroad Administration, 400 7th Street SW., room 8314,

Washington, DC 20590, (Telephone: (202) 366-0127) or James T. Schultz,

Chief, Operating Practices Division, Office of Safety Enforcement,

Federal Railroad Administration, 400 7th Street SW., room 8314,

Washington, DC 20590, (Telephone: (202) 366-9178).

SUPPLEMENTARY INFORMATION: In a December 30, 1994 Notice [59 FR 67641],

FRA announced that interim post-accident testing procedures would

remain in effect until new post-accident shipping boxes became

available. To anticipate this changeover, however, FRA asked railroads

to submit the number of boxes needed for each location, so that FRA

could replace outdated boxes on a one-for-one basis without charge.

Box replacement will begin shortly since FRA now has sufficient new

post-accident shipping boxes to supply railroads. In this rule, FRA

amends its post-accident testing procedures in appendix C to part 219

to incorporate mandatory urine split sample testing, optional breath

alcohol testing, and other technical amendments.

As referred to above, FRA now calls the large box that contains

forms, instructions and supplies, the ``post-accident shipping box''

(instead of ``post-accident testing kit''). FRA has marked ``FRA Post-

Accident Shipping Box'' on each new box. Within the post-accident

shipping box, the individual employee sample boxes are redesignated and

marked ``FRA Post-Accident Kits.'' Each shipping box now contains three

post-accident kits, instead of the previous five. The only post-

accident kit modification is the addition of a second urine sample

bottle to accommodate split sample urine testing.

Form F6180.73 includes the revised railroad property damage

thresholds for major train accidents and impact accidents. (The

criteria for fatal train incidents and passenger train accidents listed

on form F6180.73 remain the same.) Forms F6180.73 and F6180.74 are

revised to allow for railroad reporting of evidential breath test

results by adding a check off box for the railroad representative to

indicate whether one or more employees have been breath tested. If a

railroad conducts breath alcohol tests, the railroad representative may

either attach a copy of the standard DOT (49 CFR part 40) breath

alcohol testing form to the FRA forms to be shipped with the post-

accident kit, or send a copy of each part 40 form directly to FRA

within 10 days of the tests.

Each new post-accident shipping box contains the following:

One plastic zip-lock bag that includes:

One set of collection instructions apiece for the railroad

representative, three (3) railroad employees, the collection facility,

blood/urine collector(s), and medical examiner (if required);

One Form FRA F 6180.73, Accident Information Required for

Post-Accident Toxicological Testing;

Three Forms FRA F 6180.74, Post-Accident Testing Blood/

Urine Custody and Control Form. Each form also has sealing labels for

the urine bottles, the blood tubes, and the individual post-accident

kits.

One shipping box seal;

Three packets of blue dye tablets (for the toilet or other

standing water);

One shipping box mailing label addressed to the FRA

designated laboratory.

Three individual employee sample kits (marked ``FRA Post-Accident

Kit.'') Each kit contains:

Two 90 ml urine sample bottles with caps and one biohazard

bag (with absorbent) enclosed in a heat-seal bag;

One urine collection cup with temperature device affixed

also enclosed in a heat-seal bag;

Two 10 ml gray-top evacuated blood tubes (containing

potassium oxylate and sodium fluoride as a preservative) in a sponge

holder.

As stated above, FRA expects to have completed distribution of new

post-accident shipping boxes by the time this rule is published, and

authorizes compliance with this rule immediately upon receipt. However,

to allow railroads time to train supervisors on these new procedures,

compliance does not become mandatory until April 17, 1995.

Executive Order 12866 and DOT Regulatory Policy and Procedures

FRA has determined that this rule is nonsignificant under Executive

Order 12866 and under the Department of Transportation's Regulatory

Policy and Procedures.

The Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 was enacted by Congress to

ensure that small entities are not unnecessarily and disproportionately

burdened by Government regulations. FRA certifies that this rule will

not have a significant economic impact on a substantial number of small

entities.

Federalism Implications

This rule does not have substantial direct effects on the States,

on the relationship between the national government and the States, or

on the distribution of power and [[Page 19539]] responsibilities among

the various levels of government. Therefore, in accordance with

Executive Order 12612, FRA has determined that this rule does not have

sufficient federalism implications to warrant preparation of a

Federalism assessment.

Paperwork Reduction Act

FRA has determined that this rule does not significantly change any

previously approved information collection requirements.

List of Subjects in 49 CFR Part 219

Alcohol and drug abuse, Railroad safety, Reporting and record

keeping requirements.

Accordingly, for the reasons stated above, FRA amends 49 CFR part

219 as follows:

PART 219--CONTROL OF ALCOHOL AND DRUG USE

1. The authority citation for part 219 continues to read as

follows:

Authority: 45 U.S.C. 431, 437, and 438, as amended; Pub. L. 100-

342; Pub. L. 102-143; and 49 CFR 1.49(m).

2. Appendix C to part 219 is revised to read as follows:

Appendix C to Part 219--Post-Accident Testing Sample Collection

1.0 General.

This appendix prescribes procedures for collection of samples

for mandatory post-accident testing pursuant to subpart C of this

part. Collection of blood and urine samples is required to be

conducted at an independent medical facility.

(Surviving Employees)

2.0 Surviving Employees.

This unit provides detailed procedures for collecting post-

accident toxicological samples from surviving employees involved in

train accidents and train incidents, as required by 49 CFR part 219,

subpart C. Subpart C specifies qualifying events and employees

required to be tested.

2.1 Collection Procedures; General.

All forms and supplies necessary for collection and transfer of

blood and urine samples for three surviving employees can be found

in the FRA post-accident shipping box, which is made available to

the collection site by the railroad representative.

Each shipping box contains supplies for blood/urine collections

from three individuals, including instructions and necessary forms.

The railroad is responsible for ensuring that materials are fresh,

complete and meet FRA requirements.

2.11 Responsibility of the Railroad Representative.

In the event of an accident/incident for which testing is

required under subpart C of this part, the railroad representative

shall follow the designated set of instructions, and, upon arrival

at the independent medical facility, promptly present to the

collection facility representative a post-accident shipping box or

boxes with all remaining sets of instructions. (Each box contains

supplies to collect samples from three employees.) The railroad

representative shall request the collection facility representative

to review the instructions provided and, through qualified

personnel, provide for collection of the samples according to the

procedures set out.

The railroad representative shall undertake the following

additional responsibilities--

Complete FRA Form 6180.73 (revised), Accident

Information Required for Post-Accident Toxicological Testing,

describing the testing event and identifying the employees whose

samples are to be deposited in the shipping box.

As necessary to verify the identity of individual

employees, affirm the identity of each employee to the medical

facility personnel.

Consistent with the policy of the collection facility,

monitor the progress of the collection procedure.

Warning: Monitor but do not directly observe urination or

otherwise disturb the privacy of urine or blood collection. Do not

handle sample containers, bottles or tubes (empty or full). Do not

become part of the collection process.

2.12 Employee Responsibility.

An employee who is identified for post-accident toxicological

testing shall cooperate in testing as required by the railroad and

personnel of the independent medical facility. Such cooperation will

normally consist of the following, to be performed as requested:

Provide a blood sample, which a qualified medical

professional or technician will draw using a single-use sterile

syringe. The employee should be seated for this procedure.

Provide, in the privacy of an enclosure, a urine sample

into a plastic collection cup. Deliver the cup to the collector.

Do not let the blood and urine samples that you

provided leave your sight until they have been properly sealed and

initialed by you.

Certify the statement in Step 4 of the Blood/Urine

Custody and Control Form (FRA Form 6180.74 (revised)).

If required by the medical facility, complete a

separate consent form for taking of the samples and their release to

FRA for analysis under the FRA rule.

Note: The employee may not be required to complete any form that

contains any waiver of rights the employee may have in the

employment relationship or that releases or holds harmless the

medical facility with respect to negligence in the collection.

2.2 The Collection.

Exhibit C-1 contains instructions for collection of samples for

post-accident toxicology from surviving employees. These

instructions shall be observed for each collection. Instructions are

also contained in each post-accident shipping box and shall be

provided to collection facility personnel involved in the collection

and/or packaging of samples for shipment.

(Post Mortem Collection)

3.0 Fatality.

This unit provides procedures for collecting post-accident body

fluid/tissue samples from the remains of employees killed in train

accidents and train incidents, as required by 49 CFR part 219,

subpart C. Subpart C specifies qualifying events and employees

required to be tested.

3.1 Collection.

In the event of a fatality for which testing is required under

subpart C, the railroad shall promptly make available to the

custodian of the remains a post-accident shipping box. The railroad

representative shall request the custodian to review the

instructions contained in the shipping box and, through qualified

medical personnel, to provide the samples as indicated.

(Surviving Employees and Fatalities)

4.0 Shipment.

The railroad is responsible for arranging overnight

transportation of the sealed shipping box containing the samples.

When possible without incurring delay, the box should be delivered

directly from the collection personnel providing the samples to an

overnight express service courier. If it becomes necessary for the

railroad to transport the box from point of collection to point of

shipment, then--

1. Individual kits and the shipping box shall be sealed by

collection personnel before the box is turned over to the railroad

representative;

2. The railroad shall limit the number of persons handling the

shipping box to the minimum necessary to provide for transportation;

3. If the shipping box cannot immediately be delivered to the

express carrier for transportation, it shall be maintained in secure

temporary storage; and

4. The railroad representatives handling the box shall document

chain of custody of the shipping box and shall make available such

documentation to FRA on request.

Exhibit C-1--Instructions for Collection of Blood and Urine Samples:

Mandatory Post-Accident Toxicological Testing

A. Purpose

These instructions are for the use of personnel of collection

facilities conducting collection of blood and urine samples from

surviving railroad employees following railroad accidents and

casualties that qualify for mandatory alcohol/drug testing. The

Federal Railroad Administration appreciates the participation of

medical facilities in this important public safety program.

B. Prepare for Collection

Railroad employees have consented to provision of samples for

analysis by the Federal Railroad Administration as a condition of

employment (49 CFR 219.11). A private, controlled area should be

designated for collection of samples and completion of paperwork.

[[Page 19540]]

Only one sample should be collected at a time, with each

employee's blood draw or urine collection having the complete

attention of the collector until the specific sample has been

labeled, sealed and documented.

Please remember two critical rules for the collections:

All labeling and sealing must be done in the sight of the donor,

with the sample never having left the donor's presence until the

sample has been labeled, sealed and initialled by the donor.

Continuous custody and control of blood and urine samples must

be maintained and documented on the forms provided. In order to do

this it is important for the paperwork and the samples to stay

together.

To the extent practical, blood collection should take priority

over urine collection. To limit steps in the chain of custody, it is

best if a single collector handles both collections from a given

employee.

You will use a single Post-Accident Testing Blood/Urine Custody

and Control Form (FRA Form 6108.74 (revised)), consisting of six

Steps to complete the collection for each employee. We will refer to

it as the Control Form.

C. Identify the Donor

The employee donor must provide photo identification to each

collector, or lacking this, be identified by the railroad

representative.

The donor should remove all unnecessary outer garments such as

coats or jackets, but may retain valuables, including wallet. Donors

should not be asked to disrobe, unless necessary for a separate

physical examination required by the attending physician.

D. Draw Blood

Assemble the materials for collecting blood from each employee:

two 10 ml grey-stoppered blood tubes and the Control Form.

Ask the donor to complete STEP 1 on the Control Form.

With the donor seated, draw two (2) 10 ml tubes of blood using

standard medical procedures (sterile, single-use syringe into

evacuated gray-top tubes provided). CAUTION: Do not use alcohol or

an alcohol-based swab to cleanse the venipuncture site.

Once both tubes are filled and the site of venipuncture is

protected, immediately--

Seal and label each tube by placing a numbered blood

sample label from the label set on the Control Form over the top of

the tube and securing it down the sides.

Ask the donor to initial each label. Please check to

see that the initials match the employee's name and note any

discrepancies in the ``Remarks'' block of the Control Form.

As collector, sign and date each blood tube label at

the place provided.

Skip to STEP 5 and initiate chain of custody for the

blood tubes by filling out the first line of the block to show

receipt of the blood samples from the donor.

Complete STEP 2 on the form.

Return the blood tubes into the individual kit. Keep

the paperwork and samples together. If another collector will be

collecting the urine sample from this employee, transfer both the

form and the individual kit with blood tubes to that person, showing

the transfer of the blood tubes on the second line of STEP 5 (the

chain of custody block).

E. Collect Urine

The urine collector should assemble at his/her station the

materials for collecting urine from each employee: one plastic

collection cup with temperature device affixed enclosed in a heat-

seal bag (with protective seal intact), two 90 ml urine sample

bottles with caps and one biohazard bag (with absorbent) also

enclosed in a heat-seal bag (with protective seal intact), and the

Control Form. Blood samples already collected must remain in the

collector's custody and control during this procedure.

After requiring the employee to wash his/her hands, the

collector should escort the employee directly to the urine

collection area. To the extent practical, all sources of water in

the collection area should be secured and a bluing agent (provided

in the box) placed in any toilet bowl, tank, or other standing

water.

The employee will be provided a private place in which to void.

Urination will not be directly observed. If the enclosure contains a

source of running water that cannot be secured or any material

(soap, etc.) that could be used to adulterate the sample, the

collector should monitor the provision of the sample from outside

the enclosure. Any unusual behavior or appearance should be noted in

the remarks section of the Control Form or on the back of that form.

The collector should then proceed as follows:

Unwrap the collection cup in the employee's presence and hand it

to the employee (or allow the employee to unwrap it).

Ask the employee to void at least 60 ml into the collection cup

(at least to the line marked). Leave the private enclosure.

IF THERE IS A PROBLEM WITH URINATION OR SAMPLE QUANTITY, SEE THE

``TROUBLE BOX'' AT THE BACK OF THESE INSTRUCTIONS

Once the void is complete, the employee should exit the private

enclosure and deliver the sample to the collector. Both the

collector and the employee must proceed immediately to the labeling/

sealing area, with the sample never leaving the sight of the

employee before being sealed and labeled.

Upon receipt of the sample, proceed as follows:

In the full view of the employee, remove the wrapper

from the two urine sample bottles. Transfer the urine from the

collection cup into the sample bottles (at least 30 ml in bottle A

and at least 15 ml in bottle B).

As you pour the sample into the sample bottles, please

inspect for any unusual signs indicating possible adulteration or

dilution. Carefully secure the tops. Note any unusual signs under

``remarks'' at STEP 3 of the Control Form.

Within 4 minutes after the void, measure the

temperature of the urine by reading the strip on the bottle. Mark

the result at STEP 3 of the Control Form.

IF THERE IS A PROBLEM WITH THE URINE SAMPLE, SEE THE TROUBLE BOX AT THE

BACK OF THESE INSTRUCTIONS

Remove the urine bottle labels from the Control Form.

The labels are marked A and B. Place each label as marked over the

top of its corresponding bottle, and secure the label to the sides

of the bottle.

Ask the donor to initial each label. Please check to

see that the initials match the employee name and note any

discrepancy in the ``Remarks'' block of STEP 3.

As collector, sign and date each urine label.

Skip to STEP 5 and initiate chain-of-custody by showing

receipt of the urine samples from the donor. (If you collected the

blood, a check under ``urine'' will suffice. If someone else

collected the blood, first make sure transfer of the blood to you is

documented. Then, using the next available line, show ``Provide

samples'' under purpose, ``Donor'' under ``released by,'' check

under ``urine'' and place your name, signature and date in the space

provided.)

Complete the remainder of STEP 3 on the Control Form.

Have the employee complete STEP 4 on the Control Form.

Place the filled urine bottles in the individual

employee kit. Keep the paperwork and samples together. If another

collector will be collecting the blood sample from this employee,

transfer both the form and the kit to that person, showing the

transfer of the urine samples on the next available line of STEP 5

(the chain of custody block).

F. Seal the Individual Employee Kit

The blood and urine samples have now been collected for this

employee. The blood/urine samples will now be sealed into the

individual employee kit, while all paperwork will be retained for

further completion. After rechecking to see that each sample is

properly labeled and initialled, close the plastic bag to contain

any leakage in transportation, and apply the kit security seal to

the small individual kit. As collector, sign and date the kit seal.

Before collecting samples from the next employee, complete the

next line on the chain-of-custody block showing release of the blood

and urine by yourself for the purpose of ``Shipment'' and receipt by

the courier service or railroad representative that will provide

transportation of the box, together with the date.

G. Complete Treatment Information

Complete STEP 6 of the Control Form. Mark the box if a breath

alcohol test was conducted under FRA authority.

H. Prepare the Box for Shipment

Sealed individual employee kits should be retained in secure

storage if there will be a delay in preparation of the shipping box.

The shipping box shall be prepared and sealed by a collection

facility representative as follows:

Inspect STEP 5 of each Control Form to ensure chain-of-

custody is continuous and complete for each fluid (showing samples

released for shipment). Retain the medical facility copy of each

Control Form and the Accident Information form for your records.

[[Page 19541]]

Place sealed individual employee kits in the shipping

box. Place all forms in zip-lock bag and seal securely. Place bag

with forms and unused supplies in shipping box.

Affix the mailing label provided to the outside of the

shipping box.

I. Ship the Box

The railroad must arrange to have the box shipped overnight air

express or (if express service is unavailable) by air freight,

prepaid, to FRA's designated laboratory. Whenever possible without

incurring delay, the collector should deliver the box directly into

the hands of the express courier or air freight representative.

Where courier pickup is not immediately available at the

collection facility where the samples are taken, the railroad is

required to transport the shipping box for expeditious shipment by

air express, air freight or equivalent means.

If the railroad is given custody of the box to arrange shipment,

please record the name of the railroad official taking custody on

the copy of Form 6180.73 retained by the collection site.

``TROUBLE BOX''

1. Problem: The employee claims an inability to urinate, either

because he/she has recently voided or because of anxiety concerning

the collection.

Action: The employee may be offered moderate quantities of

liquid to assist urination. If the employee continues to claim

inability after 4 hours, the urine collection should be

discontinued, but the blood samples should be forwarded and all

other procedures followed. Please note in area provided for remarks

what explanation was provided by the employee.

2. Problem: The employee cannot provide approximately 60 ml. of

sample.

Action: The employee should remain at the collection facility

until as much as possible of the required amount can be given (up to

4 hours). The employee should be offered moderate quantities of

liquids to aid urination. The first bottle, if it contains any

quantity of urine, should be sealed and securely stored with the

blood tubes and Control Form pending shipment. A second bottle

should then be used for the subsequent void (using a second Control

Form with the words ``SECOND VOID--FIRST SAMPLE INSUFFICIENT'' in

the remarks block and labels from that form). However, if after 4

hours the donor's second void is also insufficient or contains no

more than the first insufficient void, discard the second void and

send the first void to the laboratory.

3. Problem: The urine temperature is outside the normal range of

32 deg.-38 deg.C/90 deg.-100 deg.F, and a suitable medical

explanation cannot be provided by an oral temperature or other

means; or

4. Problem: The collector observes conduct clearly and

unequivocally indicating an attempt to substitute or adulterate the

sample (e.g., substitute urine in plain view, blue dye in sample

presented, etc.) and a collection site supervisor or the railroad

representative agrees that the circumstances indicate an attempt to

tamper with the sample.

Action (for either Problem No. 3 or Problem No. 4): Document the

problem on the Control Form. If the collection site supervisor or

railroad representative concur that the temperature of the sample,

or other clear and unequivocal evidence, indicates a possible

attempt to substitute or alter the sample, another void must be

taken under direct observation by a collector of the same gender.

If a collector of the same sex is not available, do NOT proceed

with this step.

If a collector of the same gender is available, proceed as

follows: A new Control Form must be initiated for the second void.

The original suspect sample should be marked ``Void 1'' and the

follow-up void should be marked ``Void 2,'' with both voids being

sent to the laboratory and the incident clearly detailed on the

Control Form.

Exhibit C-2--Instructions for Collection of Post Mortem Samples:

Employee Killed in a Railroad Accident/Incident

To the Medical Examiner, Coroner, or Pathologist:

In compliance with Federal safety regulations (49 CFR part 219),

a railroad representative has requested that you obtain samples for

toxicology from the remains of a railroad employee who was killed in

a railroad accident or incident. The deceased consented to the

taking of such samples, as a matter of Federal law, by performing

service on the railroad (49 CFR 219.11(f)).

Your assistance is requested in carrying out this program of

testing, which is important to the protection of the public safety

and the safety of those who work on the railroads.

Materials:

The railroad will provide you a post-accident shipping box that

contains necessary supplies. If the box is not immediately

available, please proceed using supplies available to you that are

suitable for forensic toxicology.

Samples requested, in order of preference:

(1) Blood--20 milliliters or more. Preferred sites: intact

femoral vein or artery or peripheral vessels (up to 10 ml, as

available) and intact heart (20 ml). Deposit blood in gray-stopper

tubes individually by site and shake to mix sample and preservative.

Note: If uncontaminated blood is not available, bloody fluid or

clots from body cavity may be useful for qualitative purposes; but

do not label as blood. Please indicate source and identity of sample

on label of tube.

(2) Urine--as much as 100 milliliters, if available. Deposit

into plastic bottles provided.

(3) Vitreous fluid--all available, deposited into smallest

available tube (e.g., 3 ml) with 1% sodium fluoride, or gray-stopper

tube (provided). Shake to mix sample and preservative.

(4) If available at autopsy, organs--50 to 100 grams each of two

or more of the following in order preference, as available: liver,

bile, brain, kidney, spleen, and/or lung. Samples should be

individually deposited into zip-lock bags or other clean, single use

containers suitable for forensic samples.

(5) If vitreous or urine is not available, please provide--

a. Spinal fluid--all available, in 8 ml container (if available)

with sodium fluoride or in gray-stopper tube; or, if spinal fluid

cannot be obtained,

b. Gastric content--up to 100 milliliters, as available, into

plastic bottle.

Sample collection:

Sampling at time of autopsy is preferred so that percutaneous

needle puncturing is not necessary. However, if autopsy will not be

conducted or is delayed, please proceed with sampling.

Blood samples should be taken by sterile syringe and deposited

directly into evacuated tube, if possible, to avoid contamination of

sample or dissipation of volatiles (ethyl alcohol).

Note: If only cavity fluid is available, please open cavity to

collect sample. Note condition of cavity.

Please use smallest tubes available to accommodate available

quantity of fluid sample (with 1% sodium fluoride).

Sample identification, sealing:

As each sample is collected, seal each blood tube and each urine

bottle using the respective blood tube or urine bottle using the

identifier labels from the set provided with the Post Accident

Testing Blood/Urine Custody and Control Form (FRA Form 6180.74

(revised)). Make sure the unique identification number on the labels

match the pre-printed number on the Control Form. Please label other

samples with name and sample set identification numbers. You can use

labels and seals from any of the extra forms, but annotate them

accordingly.

Annotate each label with sample description and source (as

appropriate) (e.g., blood, femoral vein).

Please provide copy of any written documentation regarding

condition of body and/or sampling procedure that is available at the

time samples are shipped.

Handling:

If samples cannot be shipped immediately as provided below,

samples other than blood may be immediately frozen. Blood samples

should be refrigerated, but not frozen.

All samples and documentation should be secured from

unauthorized access pending delivery for transportation.

Information:

If the railroad has not already done so, please place the name

of the subject at the top of the Control Form (STEP 1). You are

requested to complete STEP 2 of the form, annotating it by writing

the word ``FATALITY,'' listing the samples provided, providing any

further information under ``Remarks'' or at the bottom of the form.

If it is necessary to transfer custody of the samples from the

person taking the samples prior to preparing the box for shipment,

please use the blocks provided in STEP 5 to document transfer of

custody.

The railroad representative will also provide Accident

Information Required for Post-Accident Toxicological Testing, FRA

Form 6180.73 (revised). Both forms should be placed in the shipping

box when completed; but you may retain the designated medical

facility copy of each form for your records. [[Page 19542]]

Packing the shipping box:

Place urine bottles and blood tubes in the sponge liner in the

individual kit, close the biohazard bag zipper, close the kit and

apply the kit custody seal to the kit. You may use additional kits

for each tissue sample, being careful to identify sample by tissue,

name of deceased, and specimen set identification number. Apply kit

security seals to individual kits and initial across all seals.

Place all forms in the zip-lock bag and seal securely. Place the

bag in the shipping box. Do not put forms in with the specimens.

Seal the shipping box with the seal provided and initial and

date across the seal.

Affix the mailing label to the outside of the box.

Shipping the box:

The railroad must arrange to have the box shipped overnight air

express or (if express service is unavailable) by air freight,

prepaid, to FRA's designated laboratory. When possible, but without

incurring delay, deliver the sealed shipping box directly to the

express courier or the air freight representative.

If courier pickup is not immediately available at your facility,

the railroad is required to transport the sealed shipping box to the

nearest point of shipment via air express, air freight or equivalent

means.

If the railroad receives the sealed shipping box to arrange

shipment, please record under ``Supplemental Information'' on the

Control Form, the name of the railroad official taking custody.

Other:

FRA requests that the person taking the samples annotate the

Control Form under ``Supplemental Information'' if additional

toxicological analysis will be undertaken with respect to the

fatality. FRA reports are available to the coroner or medical

examiner on request.

Issued in Washington, D.C. on April 11, 1995.

Donald M. Itzkoff,

Deputy Administrator, Federal Railroad Administration.

[FR Doc. 95-9554 Filed 4-18-95; 8:45 am]

BILLING CODE 4910-06-P