[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR219.401]



[Page 230]

 

                        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. 219.401  Requirement for policies.





    (a) The purpose of this subpart is to prevent the use of alcohol and 

drugs in connection with covered service.

    (b) Each railroad must adopt, publish and implement--

    (1) A policy designed to encourage and facilitate the identification 

of those covered employees who abuse alcohol or drugs as a part of a 

treatable condition and to ensure that such employees are provided the 

opportunity to obtain counseling or treatment before those problems 

manifest themselves in detected violations of this part (hereafter 

``voluntary referral policy''); and

    (2) A policy designed to foster employee participation in preventing 

violations of this subpart and encourage co-worker participation in the 

direct enforcement of this part (hereafter ``co-worker report policy'').

    (c) A railroad may comply with this subpart by adopting, publishing 

and implementing policies meeting the specific requirements of 

Sec. Sec. 219.403 and 219.405 or by complying with Sec. 219.407.

    (d) If a railroad complies with this part by adopting, publishing 

and implementing policies consistent with Sec. Sec. 219.403 and 

219.405, the railroad must make such policies, and publications 

announcing such policies, available for inspection and copying by FRA.

    (e) Nothing in this subpart may be construed to--

    (1) Require payment of compensation for any period an employee is 

out of service under a voluntary referral or co-worker report policy;

    (2) Require a railroad to adhere to a voluntary referral or co-

worker report policy in a case where the referral or report is made for 

the purpose, or with the effect, of anticipating the imminent and 

probable detection of a rule violation by a supervising employee; or

    (3) Limit the discretion of a railroad to dismiss or otherwise 

discipline an employee for specific rule violations or criminal 

offenses, except as specifically provided by this subpart.