[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR219.407]



[Page 235]

 

                        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 Sec. Sec.  219.403 

and 219.405 with respect to any group of covered employees not within 

the coverage of an appropriate alternate policy.