19.0 Co-Worker Report
(49 CFR Part 219.405)
19.1 General
19.1.1 An employee may maintain an employment relationship with the railroad following an alleged first offense, if the alleged violation comes to the attention of the railroad as a result of a report by a co-worker that the employee was apparently unsafe to work with or was, or appeared to be, in violation of FRA regulations or the railroad's drug and alcohol policy. If the railroad manager, after being notified by a co-worker, determines that the employee is in violation, the railroad must immediately remove the employee from service in accordance with its existing policies, agreements, and procedures.
19.1.2 The employee must contact EAP within three (3) days. EAP will schedule necessary interviews for the employee with a SAP, the evaluation is to be completed within ten (10) calendar days of the date on which the employee contacts the SAP, unless it becomes necessary to refer the employee for further evaluation. In each case, all necessary evaluations must be completed within 20 days of the date on which the employee contacts the professional, if possible.
19.1.3 Union Pacific will give all employees, agreement and non-agreement, one co-worker referral opportunity without exercise of disciplinary action for a violation of UP policy or DOT regulations prohibiting the use of alcohol, drugs, or the misuse of prescription drugs (49 CFR Parts 219.101, 219.102, or 219.103).
19.2 When treatment is required
19.2.1 If the SAP determines that the employee is affected by psychological or chemical dependence on alcohol or a drug or by another identifiable and treatable mental or physical disorder involving the abuse of alcohol or drugs as a primary manifestation, the following conditions and procedures apply:
19.2.1.1 The railroad will to the extent necessary for treatment and rehabilitation, grant the 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 policy must allow a leave of absence of not less than 45 days, if necessary, for the purpose of meeting initial treatment needs.
19.2.1.2 The employee will agree to undertake and successfully complete a course of treatment deemed acceptable by a SAP.
19.2.1.3 The railroad will promptly return the employee to service, upon recommendation of the SAP, when the employee has established control over the substance abuse problem. Return to service may also be conditioned on successful completion of a return-to-service medical examination. Approval to return to service may not be withheld unreasonably.
19.2.1.4 Following return to service, the employee, as a further condition on withholding of discipline, may, as necessary, be required to participate in a reasonable program of follow-up treatment, as prescribed by the SAP, for a period not to exceed 60 months from the date the employee returned to duty.
19.3 When treatment is not required:
If the SAP determines that the employee is not affected by an identifiable and treatable mental or physical disorder, the company will return the employee to service within five days after completion of the evaluation. During or following the out-of-service period, the railroad will require the employee to participate in a minimum program of education and/or training concerning the effects of alcohol and drugs on occupation or transportation safety.
19.4 Follow-up tests for co-worker referral:
The company will conduct return-to-service and/or follow-up tests (as described in 49 CFR Part 219.104) of an employee who waives investigation and is determined to be ready to return to service under this section.
19.5 Co-Worker Report Summary
19.5.1 Union Pacific will afford all employees a one-time co-worker referral opportunity which provides that an employee maintains an employment relationship with Union Pacific following an alleged first offense of Rule 1.5 or this Policy subject to the following conditions:
a) No other rule violation is involved.
b) The alleged violation must come to the attention of Union Pacific as a result of a report by a co-worker that the employee was apparently unsafe to work with or was, or appeared to be, in violation of this Policy.
c) If Union Pacific’s representative can independently confirm that the employee is in violation, that employee will immediately be removed from service.
d) The employee must elect to waive investigation on the rule charge and must contact EAP within three days of the waiver election.
e) The employee must cooperate in an evaluation. If a disorder is identified, the employee must successfully complete the minimum education, counseling or treatment prescribed by the SAP or EAP before qualifying to return to service.
f) The employee will be subject to follow-up drug or alcohol testing in this situation for up to 60 months from the return to duty test date