[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.239]

[Page 194-195]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
              Subpart C--Alcohol Misuse Prevention Program
 
Sec. 199.239  Operator obligation to promulgate a policy on the misuse of alcohol.

    (a) General requirements. Each operator shall provide educational 
materials that explain these alcohol misuse requirements and the 
operator's policies and procedures with respect to meeting those 
requirements.
    (1) The operator shall ensure that a copy of these materials is 
distributed to each covered employee prior to start

[[Page 195]]

of alcohol testing under this subpart, and to each person subsequently 
hired for or transferred to a covered position.
    (2) Each operator shall provide written notice to representatives of 
employee organizations of the availability of this information.
    (b) Required content. The materials to be made available to covered 
employees shall include detailed discussion of at least the following:
    (1) The identity of the person designated by the operator to answer 
covered employee questions about the materials.
    (2) The categories of employees who are subject to the provisions of 
this subpart.
    (3) Sufficient information about the covered functions performed by 
those employees to make clear what period of the work day the covered 
employee is required to be in compliance with this subpart.
    (4) Specific information concerning covered employee conduct that is 
prohibited by this subpart.
    (5) The circumstances under which a covered employee will be tested 
for alcohol under this subpart.
    (6) The procedures that will be used to test for the presence of 
alcohol, protect the covered employee and the integrity of the breath 
testing process, safeguard the validity of the test results, and ensure 
that those results are attributed to the correct employee.
    (7) The requirement that a covered employee submit to alcohol tests 
administered in accordance with this subpart.
    (8) An explanation of what constitutes a refusal to submit to an 
alcohol test and the attendant consequences.
    (9) The consequences for covered employees found to have violated 
the prohibitions under this subpart, including the requirement that the 
employee be removed immediately from covered functions, and the 
procedures under Sec. 199.243.
    (10) The consequences for covered employees found to have an alcohol 
concentration of 0.02 or greater but less than 0.04.
    (11) Information concerning the effects of alcohol misuse on an 
individual's health, work, and personal life; signs and symptoms of an 
alcohol problem (the employee's or a coworker's); and including 
intervening evaluating and resolving problems associated with the misuse 
of alcohol including intervening when an alcohol problem is suspected, 
confrontation, referral to any available EAP, and/or referral to 
management.
    (c) Optional provisions. The materials supplied to covered employees 
may also include information on additional operator policies with 
respect to the use or possession of alcohol, including any consequences 
for an employee found to have a specified alcohol level, that are based 
on the operator's authority independent of this subpart. Any such 
additional policies or consequences shall be clearly described as being 
based on independent authority.