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Notes

49 C.F.R. §§ 199.239–199.243

3 sections in range

§199.239. Operator obligation to promulgate a policy on the misuse of alcohol.

49 C.F.R. § 199.239

(a)
General requirements. Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements.
(1)
The operator shall ensure that a copy of these materials is distributed to each covered employee prior to start of alcohol testing under this subpart, and to each person subsequently hired for or transferred to a covered position.
(2)
Each operator shall provide written notice to representatives of employee organizations of the availability of this information.
(b)
Required content. The materials to be made available to covered employees shall include detailed discussion of at least the following:
(1)
The identity of the person designated by the operator to answer covered employee questions about the materials.
(2)
The categories of employees who are subject to the provisions of this subpart.
(3)
Sufficient information about the covered functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with this subpart.
(4)
Specific information concerning covered employee conduct that is prohibited by this subpart.
(5)
The circumstances under which a covered employee will be tested for alcohol under this subpart.
(6)
The procedures that will be used to test for the presence of alcohol, protect the covered employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee.
(7)
The requirement that a covered employee submit to alcohol tests administered in accordance with this subpart.
(8)
An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences.
(9)
The consequences for covered employees found to have violated the prohibitions under this subpart, including the requirement that the employee be removed immediately from covered functions, and the procedures under § 199.243.
(10)
The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04.
(11)
Information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem (the employee's or a coworker's); and including intervening evaluating and resolving problems associated with the misuse of alcohol including intervening when an alcohol problem is suspected, confrontation, referral to any available EAP, and/or referral to management.
(c)
Optional provisions. The materials supplied to covered employees may also include information on additional operator policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the operator's authority independent of this subpart. Any such additional policies or consequences shall be clearly described as being based on independent authority.
Notes, amendments, and revision history

Source

Source: Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, unless otherwise noted. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001.

Authority

Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53.

Source

Source: 53 FR 47096, Nov. 21, 1988, unless otherwise noted.

§199.241. Training for supervisors.

49 C.F.R. § 199.241

Each operator shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under § 199.225(b) receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.
Notes, amendments, and revision history

Source

Source: Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, unless otherwise noted. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001.

Authority

Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53.

Source

Source: 53 FR 47096, Nov. 21, 1988, unless otherwise noted.

§199.243. Referral, evaluation, and treatment.

49 C.F.R. § 199.243

(a)
Each covered employee who has engaged in conduct prohibited by §§ 199.215 through 199.223 of this subpart shall be advised of the resources available to the covered employee in evaluating and resolving problems associated with the misuse of alcohol, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.
(b)
Each covered employee who engages in conduct prohibited under §§ 199.215 through 199.223 shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse.
(c)
(1)
Before a covered employee returns to duty requiring the performance of a covered function after engaging in conduct prohibited by §§ 199.215 through 199.223 of this subpart, the employee shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
(2)
In addition, each covered employee identified as needing assistance in resolving problems associated with alcohol misuse—
(i)
Shall be evaluated by a substance abuse professional to determine that the employee has properly followed any rehabilitation program prescribed under paragraph (b) of this section, and
(ii)
Shall be subject to unannounced follow-up alcohol tests administered by the operator following the employee's return to duty. The number and frequency of such follow-up testing shall be determined by a substance abuse professional, but shall consist of at least six tests in the first 12 months following the employee's return to duty. In addition, follow-up testing may include testing for drugs, as directed by the substance abuse professional, to be performed in accordance with 49 CFR part 40. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary.
(d)
Evaluation and rehabilitation may be provided by the operator, by a substance abuse professional under contract with the operator, or by a substance abuse professional not affiliated with the operator. The choice of substance abuse professional and assignment of costs shall be made in accordance with the operator/employee agreements and operator/employee policies.
(e)
The operator shall ensure that a substance abuse professional who determines that a covered employee requires assistance in resolving problems with alcohol misuse does not refer the employee to the substance abuse professional's private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit a substance abuse professional from referring an employee for assistance provided through—
(1)
A public agency, such as a State, county, or municipality;
(2)
The operator or a person under contract to provide treatment for alcohol problems on behalf of the operator;
(3)
The sole source of therapeutically appropriate treatment under the employee's health insurance program; or
(4)
The sole source of therapeutically appropriate treatment reasonably accessible to the employee.
Notes, amendments, and revision history

Source

Source: Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, unless otherwise noted. Redesignated by Amdt. 199-19, 66 FR 47118, Sept. 11, 2001.

Authority

Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53.

Source

Source: 53 FR 47096, Nov. 21, 1988, unless otherwise noted.