20.1 Managers have an obligation to consistently observe all employees for signs and symptoms of drug and/or alcohol abuse. Managers are required by Federal Regulations and Union Pacific Drug and Alcohol policy to conduct a reasonable suspicion test, (Federal authority if on-duty covered service, UP authority if non-covered service or off-duty covered service) for drugs and/or alcohol if signs and symptoms are present. Managers have an obligation to help employees who exhibit signs and symptoms of drug and/or alcohol abuse to seek help from EAP, while test results are pending.
20.2 If the results of a test are negative or not immediately available, the manager also has an obligation to help employees who exhibit signs and symptoms of drug and/or alcohol abuse and to ensure the safety of our employees and the public. Therefore, when a manager has credible evidence which supports a finding of impairment or being under the influence, the manager will immediately remove the employee from service and initiate a manager referral for evaluation.
20.3 Without credible evidence of drug or alcohol abuse, but with signs and symptoms of such abuse, the manager has an option to make a referral to the Medical Department for a Fitness for Duty (FFD) or EAP for a drug and alcohol evaluation. The employee will be required to make contact within three (3) business days with EAP or the FFD nurse, as directed.
20.4 When an employee is referred to EAP by a manager for work-related problems, confidentiality regarding personal matters will be maintained. Both EAP and CMO can redirect a referral at any time. If an evaluation from CMO or EAP finds no reason to keep the employee from working, the employing department will be notified and the employee will be returned to service.
20.5 If EAP determines there is an active substance abuse disorder, or if a condition indicating a need for treatment is identified and the employee refuses to participate in the recommended treatment (or refuses to provide information concerning an alternate treatment program designed to help that employee) then, upon advise from EAP, the CMO may medically disqualify that employee. When an employee is referred to EAP under a manager referral, confidentiality will be maintained. If EAP determines there is an active substance abuse disorder and the employee refuses to participate in the recommended treatment upon direction from EAP, the CMO may medically disqualify the employee.
20.6 Employees will not be returned to work until they have met all conditions detailed in the instructions issued by EAP or the employee’s manager. Employees may be subject to discipline if they fail to follow any instructions issued as a result of this referral. The instructions may also include a requirement that the employee will be subject to Union Pacific follow-up testing. Employees must meet all conditions and instructions issued by CMO, EAP and/or the employee’s manager. Employees may be subject to discipline if they fail to follow any instructions including a requirement that the employee be subject to follow-up testing.