6.0 Union Pacific Policy On Prohibitions

6.1 Off-Duty Conduct

6.1.1 The conduct of any employee leading to a conviction of any misdemeanor or felony involving the unlawful use, possession, manufacture, distribution, dispensation or transportation of any illegal drug or controlled substance, is prohibited.

6.1.2 Employees convicted of such misdemeanor or felony must notify their supervisor of that fact within 48 hours after receiving a notice of the conviction.  Failure to do so will negate that employee’s right, under this policy, for a one-time return to service, if applicable

6.1.3 Certified employees, whatever class of service, including hostlers, must report by contacting the National Employee Assistance Help Line 800-779-1212 any arrest, citation, or convictions within 48 hours to EAP  for:

• Operating a motor vehicle while under the influence of or impaired by alcohol or a controlled substance.
• Refusal to undergo such testing when a law enforcement official seeks to find out whether a person is operating under the influence of alcohol or a controlled substance.

(In compliance with 49 CFR Part 240.111(h) and Part 242.115)

6.1.4 In addition, employees holding a CDL license must report to their supervisor any conviction for operating a motor vehicle while under the influence of or impaired by alcohol or a controlled substance.  Reporting must be made to their supervisor who will then direct them to the National Employee Assistance Help Line, 800-779-1212, by the end of the next business day following notification of license revocation or suspension, or loss of driving privileges in any state or jurisdiction.  Employees that fail to make this contact by the next business day following notification of revocation or suspension, or loss of driving privileges will be subject to discipline.  Employees making timely contact may be afforded an opportunity to work with EAP and maintain their employment relationship with Union Pacific.

6.1.5 A Commercial Motor Vehicle (CMV) driver arrested, ticketed, or convicted for driving a motor vehicle under the influence of alcohol and/or drugs, must notify a supervisor as soon as possible, but no later than the end of the first business day immediately following the day that the employee is arrested, ticketed, or convicted.  Failure to do so may disqualify the employee from driving a company vehicle.

6.1.6 State-sponsored diversion programs, deferred case decisions, guilty pleas, and completed state actions to cancel, revoke, suspend, or deny a driver’s license are considered convictions as applied to this policy.

6.1.7 Employees charged with such an offense, who believe that they may be convicted of the charge, are encouraged to contact an EAP representative for counseling prior to the actual conviction.  This may reduce lost time after the conviction.

6.2 Driving Company Vehicle

6.2.1 Any employee driving a motor vehicle owned, leased, or rented by the company, while under the influence of alcohol and/or drugs, both on or off Union Pacific property and both on or off duty, is prohibited.

6.2.2 Any employee arrested, ticketed, or convicted for driving a motor vehicle owned, leased, or rented by the company under the influence of alcohol and/or drugs, must notify a supervisor as soon as possible, but no later than the end of the first business day immediately following the day the employee is arrested, ticketed, or convicted.  The failure to do so may negate that employee’s opportunity under this policy for a one-time return to service, if applicable.

6.3 Actual Knowledge of Off-Duty or Pre-Duty Use

• If Union Pacific has actual knowledge of off-duty use of drugs, or pre-duty use of alcohol (within four hours of work), or if a manager directly observes consumption, use, or possession of drugs or alcohol, by any on-duty employee, this policy has been violated and the employee is subject to disciplinary action without the necessity of testing.

6.4 Voluntary Layoff

• Union Pacific permits off-duty employees subject to duty, or called for duty, to layoff with an admission that they are under the influence of alcohol or drugs (illegal or legal).  However, if this privilege is abused, employees may be referred to EAP and may be subject to disciplinary action.

6.5 FMCSA Regulations (49 CFR Part 382, 49 CFR Part 383)

6.5.1 No driver will perform safety-sensitive functions within four hours after using alcohol.  No employer having actual knowledge that a driver has used alcohol within four hours will permit a drive to perform or continue to perform safety-sensitive functions.

6.5.2 No driver required to take a post-accident alcohol test under 49 CFR Part 382.303 will use alcohol for eight hours following the accident, or until the employee undergoes a post-accident alcohol test, whichever occurs first.

6.6 UP Policy

• All DOT certified drivers, including CMV operators, must notify a supervisor when their license has been revoked, suspended or withdrawn for any reason, including drug or alcohol-related revocations, within forty-eight hours.