[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19538-19542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9554]



[[Page 19538]]


DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. RSOR-6; Notice No. 42]
RIN 2130-AA63


Post-Accident Toxicological Testing; Amended Procedures

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Final rule.

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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:
    <bullet> 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);
    <bullet> One Form FRA F 6180.73, Accident Information Required for 
Post-Accident Toxicological Testing;
    <bullet> 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.
    <bullet> One shipping box seal;
    <bullet> Three packets of blue dye tablets (for the toilet or other 
standing water);
    <bullet> One shipping box mailing label addressed to the FRA 
designated laboratory.
    Three individual employee sample kits (marked ``FRA Post-Accident 
Kit.'') Each kit contains:
    <bullet> Two 90 ml urine sample bottles with caps and one biohazard 
bag (with absorbent) enclosed in a heat-seal bag;
    <bullet> One urine collection cup with temperature device affixed 
also enclosed in a heat-seal bag;
    <bullet> 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--
    <bullet> 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.
    <bullet> As necessary to verify the identity of individual 
employees, affirm the identity of each employee to the medical 
facility personnel.
    <bullet> 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:
    <bullet> 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.
    <bullet> Provide, in the privacy of an enclosure, a urine sample 
into a plastic collection cup. Deliver the cup to the collector.
    <bullet> Do not let the blood and urine samples that you 
provided leave your sight until they have been properly sealed and 
initialed by you.
    <bullet> Certify the statement in Step 4 of the Blood/Urine 
Custody and Control Form (FRA Form 6180.74 (revised)).
    <bullet> 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--
    <bullet> 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.
    <bullet> 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.
    <bullet> As collector, sign and date each blood tube label at 
the place provided.
    <bullet> 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.
    <bullet> Complete STEP 2 on the form.
    <bullet> 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:
    <bullet> 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).
    <bullet> 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.
    <bullet> 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

    <bullet> 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.
    <bullet> 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.
    <bullet> As collector, sign and date each urine label.
    <bullet> 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.)
    <bullet> Complete the remainder of STEP 3 on the Control Form.
    <bullet> Have the employee complete STEP 4 on the Control Form.
    <bullet> 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:
    <bullet> 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]] 
    <bullet> 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.
    <bullet> 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