9.0 UP Policy On Reasonable Suspicion And Reasonable Cause
9.1 Union Pacific Reasonable Suspicion Drug and Alcohol Testing
9.1.1 Union Pacific will require reasonable suspicion drug and alcohol testing of all employees not covered under FRA or FMCSA regulations (management and agreement employees) or off-duty hours of service employees who are on railroad property when there is a reasonable suspicion, based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee made by a manager.
9.1.2 Actual knowledge of pre-duty use of alcohol (within four hours of work) and/or illegal drugs, or the on-duty use and/or possession of illegal drugs and/or alcohol does not require a drug or alcohol test.
9.1.3 Manager's Decision to Test
9.1.4 Determination of influence by alcohol may be made by one trained manager.
9.1.5 Determination of drug use must be by two managers, at least one of whom is trained in accordance with 49 CFR Part 219.11(g) and is on site.
9.1.6 Note that for reasonable suspicion drug testing, the second manager may be consulted by telephone.
9.2 An accident or incident in which drug and alcohol testing is not mandatory under FRA or FMCSA regulations may require testing under Union Pacific authority. Union Pacific requires reasonable cause drug and alcohol testing of all employees, including Hours of Service (HOS) employees and Commercial Motor Vehicle (CMV) operators, non-agreement, and agreement, when:
- An employee’s acts or omissions result in the violation of any safety or operating rule which has the potential to (1) result in an accident and/or personal injury to self or others or (2) actually results in personal injury or significant property damage; or
- Any other narrowly-circumscribed and verifiable individualized case that has been approved by the Safety and the Law Departments (e.g., an indictment for violation of the Controlled Substances Act which Union Pacific investigators verify to be based on reasonably credible evidence).