19538 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

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.

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 postaccident 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 ‘‘postaccident shipping box’’ (instead of

‘‘post-accident testing kit’’). FRA has

marked ‘‘FRA Post-Accident Shipping

Box’’ on each new box. Within the postaccident 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 postaccident 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, PostAccident Testing Blood/Urine Custody

and Control Form. Each form also has

sealing labels for the urine bottles, the

blood tubes, and the individual postaccident 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 postaccident 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
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 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 postaccident 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 PostAccident 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 postaccident 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 PostAccident 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.
19540 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

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 greystoppered 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 alcoholbased 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-ofcustody 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.
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations 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°–38°C/90°–

100°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 postaccident 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.
19542 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Rules and Regulations

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