---
kind: "section"
citation: "49 C.F.R. § 219.1001"
title: "49"
number: "219.1001"
heading: "Requirement for referral programs."
url: "https://uscodex.org/cfr/49/219.1001"
---

# §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](/cfr/49/219.1003.md) or complying with [§ 219.1007](/cfr/49/219.1007.md), 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)](/cfr/49/219.104.md?p=d) for responsive action when a violation of [§ 219.101](/cfr/49/219.101.md) or [§ 219.102](/cfr/49/219.102.md) 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.

## Notes

### 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.