18.0 Voluntary Referral Policy

(49 CFR Part 219.403)

18.1 Provisions

18.1.1 An employee who is affected by an alcohol or drug use problem may maintain an employment relationship with the railroad if, before the employee is charged with conduct deemed by the railroad sufficient to warrant dismissal, the employee seeks assistance through EAP for the employee’s alcohol or drug use problem or is referred for such assistance by another employee or by a representative of the employee’s collective bargaining unit.

18.1.2 The railroad will, to the extent necessary for treatment and rehabilitation, grant an employee a leave of absence for the period necessary to complete primary treatment and establish control over the employee’s alcohol or drug problem.  The leave of absence will be not less than 45 days, if necessary, for the purpose of meeting initial treatment needs.

18.1.3 UP Policy:  If the employee is not cooperating with EAP/SAP or not following rehabilitation instructions, that employee will be placed in a medically disqualified status by the Chief Medical Officer (CMO).

18.1.4 The railroad treats the referral and subsequent handling, including counseling and treatment, as confidential, subject to the exceptions set forth in EAP policy and procedures.

18.1.5 The certification status of an Engineer, Conductor, or Remote Control Operator (RCO) will not be affected under the voluntary referral policy, provided they cooperate with the rehabilitation program.

18.1.6 The policy of confidentiality is waived (to the extent that the railroad receives official notice from EAP of the substance abuse disorder) and the railroad will suspend or revoke the certification, as appropriate, if the employee at any time refuses to cooperate in a recommended course of counseling or treatment and/or the employee is later determined, after investigation, to have been involved in an alcohol or drug-related disciplinary offense growing out of subsequent conduct.

18.1.7 An employee will be returned to service on the recommendation of EAP, for non-federal tests, except as may be provided under 49 CFR Part 219.403(c)(2), which may require a return-to-work medical exam.  Approval to return to service will not be withheld unreasonably.