[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR219.407]

[Page 220]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219--CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
             Subpart E--Identification of Troubled Employees
 
Sec. 219.407  Alternate policies.

    (a) In lieu of a policy under Sec. 219.403 (voluntary referral) or 
Sec. 219.405 (co-worker report), or both, a railroad may adopt, publish 
and implement, with respect to a particular class or craft of covered 
employees, an alternate policy or policies having as their purpose the 
prevention of alcohol or drug use in railroad operations, if such policy 
or policies have the written concurrence of the recognized 
representatives of such employees.
    (b) The concurrence of recognized employee representatives in an 
alternate policy may be evidenced by a collective bargaining agreement 
or any other document describing the class or craft of employees to 
which the alternate policy applies. The agreement or other document must 
make express reference to this part and to the intention of the railroad 
and employee representatives that the alternate policy applies in lieu 
of the policy required by Sec. 219.403, Sec. 219.405, or 
both.
    (c) The railroad must file the agreement or other document described 
in paragraph (b) of this section with the Associate Administrator for 
Safety, FRA. If the alternate policy is amended or revoked, the railroad 
must file a notice of such amendment or revocation at least 30 days 
prior to the effective date of such action.
    (d) This section does not excuse a railroad from adopting, 
publishing and implementing the policies required by Secs. 219.403 and 
219.405 with respect to any group of covered employees not within the 
coverage of an appropriate alternate policy.