[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.243]

[Page 227]
 
                        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. 199.243  Referral, evaluation, and treatment.

    (a) Each covered employee who has engaged in conduct prohibited by 
Sec. Sec. 199.215 through 199.223 of this subpart shall be advised of 
the resources available to the covered employee in evaluating and 
resolving problems associated with the misuse of alcohol, including the 
names, addresses, and telephone numbers of substance abuse professionals 
and counseling and treatment programs.
    (b) Each covered employee who engages in conduct prohibited under 
Sec. Sec. 199.215 through 199.223 shall be evaluated by a substance 
abuse professional who shall determine what assistance, if any, the 
employee needs in resolving problems associated with alcohol misuse.
    (c)(1) Before a covered employee returns to duty requiring the 
performance of a covered function after engaging in conduct prohibited 
by Sec. Sec. 199.215 through 199.223 of this subpart, the employee 
shall undergo a return-to-duty alcohol test with a result indicating an 
alcohol concentration of less than 0.02.
    (2) In addition, each covered employee identified as needing 
assistance in resolving problems associated with alcohol misuse--
    (i) Shall be evaluated by a substance abuse professional to 
determine that the employee has properly followed any rehabilitation 
program prescribed under paragraph (b) of this section, and
    (ii) Shall be subject to unannounced follow-up alcohol tests 
administered by the operator following the employee's return to duty. 
The number and frequency of such follow-up testing shall be determined 
by a substance abuse professional, but shall consist of at least six 
tests in the first 12 months following the employee's return to duty. In 
addition, follow-up testing may include testing for drugs, as directed 
by the substance abuse professional, to be performed in accordance with 
49 CFR part 40. Follow-up testing shall not exceed 60 months from the 
date of the employee's return to duty. The substance abuse professional 
may terminate the requirement for follow-up testing at any time after 
the first six tests have been administered, if the substance abuse 
professional determines that such testing is no longer necessary.
    (d) Evaluation and rehabilitation may be provided by the operator, 
by a substance abuse professional under contract with the operator, or 
by a substance abuse professional not affiliated with the operator. The 
choice of substance abuse professional and assignment of costs shall be 
made in accordance with the operator/employee agreements and operator/
employee policies.
    (e) The operator shall ensure that a substance abuse professional 
who determines that a covered employee requires assistance in resolving 
problems with alcohol misuse does not refer the employee to the 
substance abuse professional's private practice or to a person or 
organization from which the substance abuse professional receives 
remuneration or in which the substance abuse professional has a 
financial interest. This paragraph does not prohibit a substance abuse 
professional from referring an employee for assistance provided 
through--
    (1) A public agency, such as a State, county, or municipality;
    (2) The operator or a person under contract to provide treatment for 
alcohol problems on behalf of the operator;
    (3) The sole source of therapeutically appropriate treatment under 
the employee's health insurance program; or
    (4) The sole source of therapeutically appropriate treatment 
reasonably accessible to the employee.

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