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§219.105 Railroad's duty to prevent violations.
(a) A railroad may not, with actual knowledge, permit an employee to go or remain on duty in covered service in violation of the prohibitions of §219.101 or §219.102. As used in this section, the knowledge imputed to the railroad must be limited to that of a railroad management employee (such as a supervisor deemed an “officer,” whether or not such person is a corporate officer) or a supervisory employee in the offending employee's chain of command.
(b) A railroad must exercise due diligence to assure compliance with §§219.101 and 219.102 by each covered employee.