[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: 49CFR219.405]



[Page 231-232]

 

                        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. 219.405  Co-worker report policy.



    (a) Scope. This section prescribes minimum standards for co-worker 

report policies. Nothing in this section restricts a railroad from 

adopting, publishing and implementing a 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) Employment relationship. A co-worker report policy must provide 

that a covered employee may maintain an employment relationship with the 

railroad following an alleged first offense under this part or the 

railroad's alcohol and drug rules, subject to the conditions and 

procedures contained in this section.

    (c) General conditions and procedures. (1) The alleged violation 

must come to the attention of the railroad as a result of a report by a 

co-worker that the employee was apparently unsafe to work with or was, 

or appeared to be, in violation of this part or the railroad's alcohol 

and drug rules.

    (2) If the railroad representative determines that the employee is 

in violation, the railroad may immediately remove the employee from 

service in accordance with its existing policies and procedures.

    (3) The employee must elect to waive investigation on the rule 

charge and must contact the substance abuse professional within a 

reasonable period specified by the policy.

    (4) The substance abuse professional must schedule necessary 

interviews with the employee and complete an evaluation within 10 

calendar days of the date on which the employee contacts the 

professional with a request for evaluation under the policy, unless it 

becomes necessary to refer the employee for further evaluation. In each 

case, all necessary evaluations must be completed within 20 days of the 

date on which the employee contacts the professional.

    (d) When treatment is required. If the substance abuse professional 

determines that the employee is affected by psychological or chemical 

dependence on alcohol or a drug or by another identifiable and treatable 

mental or physical disorder involving the abuse of alcohol or drugs as a 

primary manifestation, the following conditions and procedures apply:



[[Page 232]]



    (1) The railroad must, to the extent necessary for treatment and 

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

for the period 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.

    (2) The employee must agree to undertake and successfully complete a 

course of treatment deemed acceptable by the substance abuse 

professional.

    (3) The railroad must promptly return the employee to service, on 

recommendation of the substance abuse professional, when the employee 

has established control over the substance abuse problem. Return to 

service may also be conditioned on successful completion of a return-to-

service medical examination. Approval to return to service may not be 

unreasonably withheld.

    (4) Following return to service, the employee, as a further 

condition on withholding of discipline, may, as necessary, be required 

to participate in a reasonable program of follow-up treatment for a 

period not to exceed 60 months from the date the employee was originally 

withdrawn from service.

    (e) When treatment is not required. If the substance abuse 

professional determines that the employee is not affected by an 

identifiable and treatable mental or physical disorder--

    (1) The railroad must return the employee to service within 5 days 

after completion of the evaluation.

    (2) During or following the out-of-service period, the railroad may 

require the employee to participate in a program of education and 

training concerning the effects of alcohol and drugs on occupational or 

transportation safety.

    (f) Follow-up tests. A railroad may conduct return-to-service and/or 

follow-up tests (as described in Sec. 219.104) of an employee who 

waives investigation and is determined to be ready to return to service 

under this section.