---
kind: "section"
citation: "49 C.F.R. § 219.1005"
title: "49"
number: "219.1005"
heading: "Optional provisions."
url: "https://uscodex.org/cfr/49/219.1005"
---

# §219.1005. Optional provisions.


A railroad's referral program may include any of the following provisions at the option of the railroad and with the approval of the labor organization(s) affected:

- (a) The program may provide that the rule of confidentiality is waived if:
  - (1) The regulated employee at any time refuses to cooperate in a DAC's recommended course of education, counseling, or treatment; or
  - (2) The railroad determines, after investigation, that the regulated employee has been involved in a drug- or alcohol-related disciplinary offense growing out of subsequent conduct.
- (b) The program may require successful completion of a return-to-service medical examination as a further condition of reinstatement in regulated service.
- (c) The program may provide that it does not apply to a regulated employee whom the railroad has previously assisted under a program substantially consistent with this section.
- (d) The program may provide that, in order to invoke its benefits, the regulated employee must report to the railroad's designated contact either:
  - (1) During non-duty hours (i.e., at a time when the regulated employee is off duty); or
  - (2) While unimpaired and otherwise in compliance with the railroad's drug and alcohol rules consistent with this subpart.

## 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.