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.