§219.1001. Requirement for referral programs.
49 C.F.R. § 219.1001
The purpose of this subpart is to help prevent the adverse effects of drug and alcohol abuse in connection with regulated employees.
A railroad must adopt, publish, and implement the following programs:
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
Co-worker referral program. A program designed to encourage co-worker participation in preventing violations of this part.
A railroad may adopt, publish, and implement the following programs:
Non-peer referral program. A program designed to encourage non-peer participation in preventing violations of this part; and
Alternate program(s). An alternate program or programs meeting the specific requirements of § 219.1003 or complying with § 219.1007, or both.
Nothing in this subpart may be construed to:
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;
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;
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;
Interfere with the requirements in § 219.104(d) for responsive action when a violation of § 219.101 or § 219.102 is substantiated; or
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.
Notes, amendments, and revision history
Source
Source: 81 FR 37942, June 10, 2016, unless otherwise noted.
Authority
Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89.
Source
Source: 66 FR 41973, Aug. 9, 2001, unless otherwise noted.