Railroads run one of the more heavily regulated hiring processes in American transportation, but the regulation is not built the way most employers expect. There is no single federal “railroad background check” form. Instead, a patchwork of Federal Railroad Administration rules governs drug and alcohol testing, a separate FRA certification process requires railroads to review a candidate’s safety history before putting that person in control of a train, and a standard criminal history check runs alongside both under ordinary employer screening practice and the Fair Credit Reporting Act. Understanding which rule applies to which job title is the first step to building a compliant hiring process.
Who counts as a covered employee
The Federal Railroad Administration regulates railroads under title 49 of the Code of Federal Regulations, and its rules do not treat every railroad job the same way. Employees who perform safety sensitive functions, generally those who operate trains, work as conductors, or otherwise directly affect train movement and safety, fall under FRA drug and alcohol testing requirements set out in 49 CFR Part 219, Control of Alcohol and Drug Use. Office staff, clerical employees, and workers with no role in train movement typically fall outside that specific testing mandate, though they are usually still subject to a railroad’s ordinary pre employment background check.
FRA drug and alcohol testing under Part 219
Part 219 requires covered railroads to test safety sensitive employees before they are hired or transferred into covered service, and to conduct random, reasonable suspicion, post accident, and return to duty testing once employed. A positive test, a refusal to test, or certain other violations trigger removal from safety sensitive service and a required referral to substance abuse professional evaluation before the employee can return. This program runs independently of a criminal history check. It is a regulatory condition of working in a safety sensitive position, not part of a consumer report, and it applies whether or not the railroad also orders a background check through a consumer reporting agency.
Certification and the prior safety conduct review for engineers and conductors
The requirement that sets railroad hiring apart from most industries sits in the certification rules for locomotive engineers and conductors. Before a railroad can certify a person to operate a train, it must review that person’s safety history, not only run a criminal background check. For locomotive engineers, 49 CFR Part 240, Qualification and Certification of Locomotive Engineers requires the railroad to gather and evaluate the individual’s prior safety conduct, including data on prior safety conduct as a motor vehicle operator and, where applicable, prior safety conduct as an employee of a different railroad. Part 240 also sets eligibility criteria tied to that safety history and to substance abuse or alcohol and drug rule compliance findings from prior railroad employment.
The parallel rule for conductors, 49 CFR Part 242, Qualification and Certification of Conductors, follows the same structure. It requires a railroad to request and consider an applicant’s prior safety conduct as a motor vehicle operator, prior safety conduct as an employee of a different railroad, and any substance abuse disorder or drug and alcohol rule compliance history, before certifying that person as a conductor. In practice, this means a hiring railroad contacts a candidate’s previous railroad employer for safety performance and drug and alcohol rule records, a step that functions like a specialized prior employer safety record check and sits well outside the scope of a typical consumer background report.
TSA freight rail security rules are a different track
Separately from FRA’s safety certification rules, the Transportation Security Administration regulates certain freight rail security matters under 49 CFR Part 1570, General Rules and 49 CFR Part 1580, Freight Rail Transportation Security. These rules require certain railroads to designate security sensitive employees tied to specific high risk functions and to provide them security training. That is a narrower and different requirement than the fingerprint based Security Threat Assessment that TSA runs for some other transportation credentials. It does not, by itself, impose a TSA background check on every train crew member, and employers should not assume the freight rail security rules substitute for a criminal history check or for the FRA certification process described above.
Where hazmat endorsements and TWIC cards fit in
Some railroad employees cross into screening programs that exist outside railroad specific rules entirely. A worker who also holds a commercial driver license with a hazardous materials endorsement, for example a crew member who also drives a company vehicle hauling regulated materials, is subject to the TSA threat assessment tied to that endorsement rather than to any railroad specific rule. Reveal Background has covered how that process works in Hazmat Endorsement Background Checks: The TSA Threat Assessment. Similarly, a railroad employee who needs unescorted access to a secure area of a maritime port, such as crews that service rail yards inside port facilities, may separately need a Transportation Worker Identification Credential. The disqualifying offense list and appeal process for that credential are covered in TWIC Card Disqualifying Offenses and the Appeal Process. Neither credential is required for every railroad job, and a railroad should confirm which, if any, apply to a given position rather than assume one rule covers all of them.
The Railroad Retirement Board is not a screening agency
Applicants and even some employers sometimes confuse the Railroad Retirement Board with a background check or licensing body because of how central it is to railroad employment. It is not. The Railroad Retirement Board administers retirement, survivor, unemployment, and sickness benefits for railroad workers under its own federal programs. It plays no role in drug testing, safety certification, or criminal history screening, and a clean or flagged record with the Board has no bearing on a hiring decision. Employers building a railroad hiring checklist should keep that program entirely separate from the FRA and background check items discussed above.
Standard background check elements and FCRA duties
Alongside the railroad specific rules, most railroads also run a standard pre employment background check through a consumer reporting agency, covering criminal history and often a motor vehicle record review given how many railroad roles involve operating equipment or vehicles on or near track. When a third party consumer reporting agency performs that check, the Fair Credit Reporting Act requires the employer to provide a clear, standalone disclosure, obtain written authorization, and, before taking an adverse action based on the report, send a pre adverse action notice with a copy of the report and the Summary of Rights, followed by an adverse action notice if the employer proceeds. The joint guidance from the Equal Employment Opportunity Commission and the Federal Trade Commission, Background Checks: What Employers Need to Know, and the Consumer Financial Protection Bureau’s consumer facing explainer on what a background check is both describe these duties. What a criminal history check actually reports varies by state law, by lookback period rules, and by the reporting agency’s sourcing, so a clean report should never be read as proof that no record exists anywhere.
| Role | FRA drug and alcohol testing (Part 219) | FRA certification safety history review | TSA security sensitive designation | Hazmat or TWIC, if applicable | Standard criminal history check |
|---|---|---|---|---|---|
| Locomotive engineer | Yes, safety sensitive service | Yes, under Part 240 | Depends on function and railroad | Only if role separately requires it | Typically yes |
| Conductor | Yes, safety sensitive service | Yes, under Part 242 | Depends on function and railroad | Only if role separately requires it | Typically yes |
| Dispatcher or signal employee | Often yes, if function is safety sensitive | Not certified under Parts 240 or 242 | Depends on function and railroad | Rare | Typically yes |
| Track or maintenance of way worker | Depends on specific duties | No | Depends on function and railroad | Rare | Typically yes |
| Clerical or administrative staff | Generally no | No | Generally no | Generally no | Typically yes |
Exact requirements depend on the specific duties of the position and the railroad’s own program design, so this table describes common patterns rather than a fixed rule for every job title.
Frequently asked questions
Does every railroad employee go through FRA drug testing?
No. FRA drug and alcohol testing under Part 219 applies to employees who perform safety sensitive functions connected to train operations. Many clerical, administrative, and non operating roles fall outside that specific requirement, though railroads commonly still run a standard background check on those positions.
What is the prior safety conduct review for engineers and conductors?
Before certifying someone as a locomotive engineer or conductor, a railroad must gather and evaluate the person’s prior safety conduct, including motor vehicle operating history and, where applicable, safety and drug and alcohol rule compliance history from a previous railroad employer. This is set out in 49 CFR Parts 240 and 242 and is separate from a standard criminal history check.
Do railroad employees need a TSA background check like truckers with a hazmat endorsement?
Generally no, unless the specific job also triggers that program, such as holding a hazmat endorsement on a commercial driver license or needing unescorted access to a secure port area under a Transportation Worker Identification Credential. Most railroad safety sensitive certification happens under FRA rules, not the TSA threat assessment tied to those credentials.
Is the Railroad Retirement Board involved in background screening?
No. The Railroad Retirement Board administers retirement, survivor, unemployment, and sickness benefits for railroad workers. It has no role in drug testing, safety certification, or criminal history checks.
Will a background check always show a candidate’s full criminal history?
Not necessarily. What reports depends on state law, applicable lookback periods, and the sourcing used by the consumer reporting agency. A clean report should not be treated as confirmation that no record exists in every jurisdiction.
What must a railroad do before denying employment based on a background check report?
Under the FCRA, the employer must send a pre adverse action notice with a copy of the report and the Summary of Rights, allow the applicant a reasonable opportunity to respond, and then send an adverse action notice if the employer proceeds with the decision.
A compliant railroad hiring process runs FRA safety and drug testing rules, any applicable TSA or credential specific programs, and a standard background check as three separate tracks rather than one combined step. Reveal Background helps employers run the background check portion of that process consistently and in line with FCRA requirements. Learn more at Reveal Background.
This article provides general information only and is not legal advice. Employers should consult qualified counsel regarding specific hiring, certification, and screening obligations.
