23.0 Follow-Up Testing Program

23.1 General (49 CFR Parts 40.307, 40.309)

23.1.1 After returning to work following any drug or alcohol violation or disqualification from service by the CMO, with particular reference to drugs or alcohol, employees will undergo follow-up testing designated by a SAP/EAP.

23.1.2 For DOT tests, the number and frequency of unannounced follow-up tests are directed by the SAP, and must consist of at least six (6) tests in the first 12-months following the employee’s return to safety-sensitive duties.  If poly-substance use has been indicated, the follow-up testing plan should include testing for drugs as well as alcohol (for the alcohol rule violator) and for alcohol as well as drugs (for the drug rule violator).  Follow-up testing can last up to 60 months, or as determined by a SAP, but can be terminated by the SAP any time after one year (if all tests recommended up to that point are completed).

23.2 Follow-up Testing

23.2.1 Employee follow-up test dates are selected by the Union Pacific following EAP/SAP determination of the number and frequency of testing.

23.2.2 Locomotive engineers, conductors, and RCOs returning to work from any federal drug and/or alcohol violation will be tested at least six (6) times for alcohol and at least six times for drugs during year one.

23.2.3 All other HOS employees and CMV operators who have a federal violation will be tested at least six (6) times for alcohol or at least six times for drugs or at least six times for both drugs and alcohol as determined by the SAP on an individual basis during year one.

23.2.4 All DOT follow-up drug tests are to be conducted under direct observation as described in 49 CFR Part 40.67.

23.3 UP Policy

23.3.1 An employee in the follow-up program is subject to:

• Follow-up testing under this Policy.  It applies to all employees and is applied independently of the terms of any “probationary period” that may be established.
• A positive result on a Follow-Up test, or any other drug or alcohol test administered during the “probationary period” is a violation of the terms of the probation.
• A “directly observed” test will be conducted at least once in years one (1) and two (2), according to the procedures in 49 CFR Part 40.67.
• Follow-up testing for up to 60 months, unless otherwise recommended by a SAP.  Employees will be tested at least four (4) times a year in the first two years of follow-up testing and at least once during the third year.
• Follow-up drug and/or alcohol testing will be scheduled on dates chosen by Union Pacific when the employee is on duty.  Follow-up tests must be unannounced.  Employees will be given no advanced notice of the test.
• Follow-up testing is in addition to any other testing required by regulation or Union Pacific policy.