[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: 49CFR219.403]



[Page 230-231]

 

                        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. 219.403  Voluntary referral policy.



    (a) Scope. This section prescribes minimum standards for voluntary 

referral policies. Nothing in this section restricts a railroad from 

adopting, publishing and implementing a voluntary referral policy that 

affords more favorable conditions to employees troubled by alcohol or 

drug abuse problems, consistent with the railroad's responsibility to 

prevent violations of Sec. Sec. 219.101 and 219.102.

    (b) Required provisions. A voluntary referral policy must include 

the following provisions:

    (1) A covered employee who is affected by an alcohol or drug use 

problem may maintain an employment relationship with the railroad if, 

before the employee is charged with conduct deemed by the railroad 

sufficient to warrant dismissal, the employee seeks assistance through 

the railroad for the employee's alcohol or drug use problem or is 

referred for such assistance by another employee or by a representative 

of the employee's collective bargaining unit. The railroad must specify 

whether, and under what circumstances, its policy provides for the 

acceptance of referrals from other sources, including (at the option of 

the railroad) supervisory employees.

    (2) Except as may be provided under paragraph (c) of this section, 

the railroad treats the referral and subsequent handling, including 

counseling and treatment, as confidential.

    (3) The railroad will, to the extent necessary for treatment and 

rehabilitation, grant the employee a leave of absence from the railroad 

for the period



[[Page 231]]



necessary to complete primary treatment and establish control over the 

employee's alcohol or drug problem. The policy must allow a leave of 

absence of not less than 45 days, if necessary for the purpose of 

meeting initial treatment needs.

    (4) Except as may be provided under paragraph (c)(2) of this 

section, the employee will be returned to service on the recommendation 

of the substance abuse professional. Approval to return to service may 

not be unreasonably withheld.

    (5) With respect to a certified locomotive engineer or a candidate 

for certification, the railroad must meet the requirements of Sec. 

240.119(e) of this chapter.

    (c) Optional provisions. A voluntary referral policy may include any 

of the following provisions, at the option of the railroad:

    (1) The policy may provide that the rule of confidentiality is 

waived if--

    (i) The employee at any time refuses to cooperate in a recommended 

course of counseling or treatment; and/or

    (ii) The employee is later determined, after investigation, to have 

been involved in an alcohol or drug-related disciplinary offense growing 

out of subsequent conduct.

    (2) The policy may require successful completion of a return-to-

service medical examination as a further condition on reinstatement in 

covered service.

    (3) The policy may provide that it does not apply to an employee who 

has previously been assisted by the railroad under a policy or program 

substantially consistent with this section or who has previously elected 

to waive investigation under Sec. 219.405 (co-worker report policy).

    (4) The policy may provide that, in order to invoke its benefits, 

the employee must report to the contact designated by the railroad 

either:

    (i) During non-duty hours (i.e., at a time when the employee is off 

duty); or

    (ii) While unimpaired and otherwise in compliance with the 

railroad's alcohol and drug rules consistent with this subpart.