StacksVerified U.S. regulatory reference

49 CFR §219.1005

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (a)The program may provide that the rule of confidentiality is waived if:
    1. (1)The regulated employee at any time refuses to cooperate in a DAC's recommended course of education, counseling, or treatment; or
    2. (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.
  2. (b)The program may require successful completion of a return-to-service medical examination as a further condition of reinstatement in regulated service.
  3. (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.
  4. (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. (1)During non-duty hours (i.e., at a time when the regulated employee is off duty); or
    2. (2)While unimpaired and otherwise in compliance with the railroad's drug and alcohol rules consistent with this subpart.