49 C.F.R. § 219.1001

Current through September 30, 2024
Section 219.1001 - Requirement for referral programs
(a) The purpose of this subpart is to help prevent the adverse effects of drug and alcohol abuse in connection with regulated employees.
(b) A railroad must adopt, publish, and implement the following programs:
(1)Self-referral program. A program designed to encourage and facilitate the identification of a regulated employee who abuses drugs or alcohol by providing the employee the opportunity to obtain counseling or treatment before the employee's drug or alcohol abuse manifests itself in a detected violation of this part; and
(2)Co-worker referral program. A program designed to encourage co-worker participation in preventing violations of this part.
(c) A railroad may adopt, publish, and implement the following programs:
(1)Non-peer referral program. A program designed to encourage non-peer participation in preventing violations of this part; and
(2)Alternate program(s). An alternate program or programs meeting the specific requirements of § 219.1003 or complying with § 219.1007 , or both.
(d) Nothing in this subpart may be construed to:
(1) Require payment of compensation for any period a regulated employee is restricted from performing regulated service under a voluntary, co-worker, or non-peer referral program;
(2) Require a railroad to adhere to a voluntary, co-worker, or non-peer referral program when the referral is made for the purpose, or with the effect, of anticipating or avoiding the imminent and probable detection of a rule violation by a supervising employee;
(3) Interfere with the subpart D requirement for Federal reasonable suspicion testing when a regulated employee is on duty and a supervisor determines the employee is exhibiting signs and symptoms of alcohol and/or drug use;
(4) Interfere with the requirements in § 219.104(d) for responsive action when a violation of § 219.101 or § 219.102 is substantiated; or
(5) Limit the discretion of a railroad to dismiss or otherwise discipline a regulated employee for specific rule violations or criminal offenses, except as this subpart specifically provides.

49 C.F.R. §219.1001

81 FR 37942, 6/12/2017