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(Bloomberg News circulated the following story by Angela Greiling Keane and John Hughes on February 28, 2009.)

WASHINGTON, D.C. — The conductor of a Union Pacific Corp. locomotive tested positive for a controlled substance after a crash with a Los Angeles commuter train that killed 25 people last year, two individuals familiar with a U.S. investigation said.

The conductor also was sending text messages before the head-on collision, said the people, who declined to be identified because evidence in the probe won’t be made public until March 3. The engineer of the Metrolink commuter carrier that struck the freight train was previously found to be text- messaging before the crash, according to the National Transportation Safety Board.

The NTSB will release documents from a multi-agency investigation at a hearing in Washington. The Sept. 12 crash, the worst U.S. passenger-train accident in 15 years, spurred a federal ban on mobile-phone use by train operators and a new law requiring automatic braking systems on trains.

The Metrolink engineer, Robert Sanchez, died in the crash. The board said last year that he failed to stop at a signal and sent a message on his mobile phone as late as 22 seconds before his train collided with the freight carrier without slowing. The freight train’s crew survived.

“Because this is still under investigation by the NTSB, you will need to contact them for any information,” Donna Kush, a Union Pacific spokeswoman, said in an interview. NTSB spokesman Terry Williams said he couldn’t comment before the release of evidence.

Conductor’s Duties

The conductor on the Union Pacific train, who hasn’t been publicly identified, ranked behind the engineer, who had primary responsibility for operating the controls. A freight conductor’s duties include responsibility for the train, freight and crew, according to the Web site of Omaha, Nebraska-based Union Pacific, the second-largest U.S. railroad, behind Burlington Northern Santa Fe Corp.

The conductor had a positive result for a controlled substance in a test taken after the accident, according to the people.

The U.S. Drug Enforcement Administration classifies illegal drugs such as marijuana and cocaine as controlled substances as well as narcotic prescription drugs such as oxycodone.

Train operators are required by federal law to take a pre- employment drug test and are subject to random testing later, said Warren Flatau, a spokesman for the Federal Railroad Administration, which regulates rail safety.

After a major rail accident, train crews must submit blood and urine samples, which are analyzed by the FRA’s lab for drugs and alcohol, Flatau said.

The rate of positive results is less than 1 percent in pre- employment and random testing of rail workers, he said.

Railroad Officials

Among witnesses due to appear before the safety board next week are officials of both railroads, the Federal Railroad Administration and unions representing train operators.

The hearings will look into the safe operation of trains, how crews respond to signals and their use of mobile phones, said NTSB member Kitty Higgins, who will chair the hearing, in a statement on Feb. 10.

Sanchez, the only person driving the train carrying commuters that afternoon, worked a split shift on the day of the crash, the NTSB said in October. During his morning duty ferrying rush-hour commuters, he had sent 24 text messages and received 21, the board said, citing Sanchez’s subpoenaed telephone records. He sent five and received seven during his afternoon shift, the board said.

Teenage Riders

Sanchez had let teenagers ride with him in Metrolink locomotives, the Los Angeles Times reported today, citing sources it didn’t identify. There is no evidence he had anyone with him the day of the crash, the paper said.

Metrolink spokesman Francisco Oaxaca didn’t return a call seeking comment that was placed outside of regular business hours.

The crash led the railroad administration to forbid railroad crews from using mobile phones and other personal electronic devices while operating trains and prompted Congress to pass a law requiring the installation of technology that would automatically slow trains before they collide. Railroads in the U.S. have until 2015 to install so-called positive train control systems on major routes under the law President George W. Bush signed in October.