Rules 11-15
11.0 - Random Alcohol and Drug Testing Program
11.1 Each railroad must submit for FRA approval a random testing program meeting the requirements of 49 CFR Part 219, Subpart G. (219.601(a), drugs; 219.607, alcohol)
11.2 Railroad random alcohol and drug testing programs
11.2.1 Notice of an employee's selection for random testing may not be provided until the duty tour in which testing is to be conducted, and then only so far in advance as is reasonably necessary to ensure the employee's presence at the time and place set for testing. (49 CFR Part 219.601(b)(4)).
11.2.2 An employee will be subject to random testing only while on duty.
11.3 Participation in testing (49 CFR Parts 219.603 and 219.609)
11.3.1 An employee selected through the random testing program to cooperate in breath and urine testing, must provide the required breath and urine specimens and complete the required paperwork and certifications. Compliance by the employee may be excused from random testing only in the case of a documented medical or family emergency.
11.3.2 The FMCSA requires random drug and alcohol testing of all employees who are required by law to have a Commercial Drivers License (CDL) and who operate a CMV (Commercial Motor Vehicle, as defined by the FMCSA) in the course of their employment with Union Pacific Railroad. (40 CFR Part 382.305)
11.4 UP Policy
- Union Pacific will randomly test covered employees in compliance with FRA, FMCSA, and FAA requirements. Unless prohibited by law, Union Pacific will randomly test safety-sensitive nonagreement employees using company authority.
12.0 - U.P. Policy on Fitness Evaluation
12.1 General Notice about drug and alcohol tests
ˆTop12.1.1 Union Pacific employees subject to periodic, return-to-work, job transfer, or follow-up physical examinations under management prerogative, existing collective bargaining agreements, or DOT requirements, may be required to participate in a drug and/or alcohol tests as part of a physical or mental fitness examination upon general notice from the Union Pacific or specific notice from the examining physician.
12.1.2 This policy serves as general notice that employees will be tested for drugs and/or alcohol during the physical examination process.
12.2 Job Transfer Examinations
- Employees who apply for transfer to a safety-sensitive job which requires a physical examination prior to transfer will have a DOT pre-employment drug test as a part of that examination. (The FRA requires drug testing of all applicants for transfer into HOS positions, as well as pre-employment testing for HOS positions. The FMCSA requires drug testing of all applicants who are initially qualifying for a DOT license.)
12.3 Return-to-Work Examinations
- Employees who are required by the Company’s medical rules to have an evaluation prior to returning to work will have a drug test as a part of that evaluation.
12.4 "Fitness for Duty" or "For Cause" Examinations
- Employees who are required by a supervisor to undergo a "For Cause" exam to ascertain "Fitness for Duty" will have a drug test as a part of the examination process
12.5 Other Medical Examinations
- If in any other required physical or mental fitness examination, or evaluation situation, the examining physician has reason to believe that an employee may be using illegal drugs, or abusing prescription drugs which may have an adverse effect on alertness, coordination, reaction, responses or safety, the physician or their designee should notify the Office of the Medical Director and the Office of the Medical Director will order a drug test. Any employee providing a urine sample which tests positive for illegal or unauthorized drugs during a required physical examination may, upon the recommendation of the Office of the Medical Director, be medically disqualified from service without pay. If the test results establish that the employee has failed to follow previous instructions to remain drug free, the employee may be subject to discipline.
13.0 - Sample Collection and Analysis
13.1 Drug Tests
13.1.1 All drug tests required by DOT will be performed in accordance with the specimen collection and laboratory analysis procedures in 49 CFR Part 40. All drug tests required by Union Pacific will be performed in accordance with the specimen collection and laboratory analysis procedures prescribed in 49 CFR Part 40.
13.1.2 Whether drug testing is performed under DOT or Union Pacific authority, the analysis of samples will be performed by laboratories certified by the US Department of Health and Human Services.
13.2 Alcohol Tests
ˆTop13.2.1 All alcohol tests required by DOT or Union Pacific will be performed in accordance with the collection procedures prescribed in 49 CFR Part 40.
13.2.2 All confirmations for alcohol tests will be performed using devices on the National Highway Traffic Safety Administration's Conforming Products List for screening and evidential breath testing devices.
14.0 - MRO Review (49 CFR Part 40, Subpart G)
ˆTop14.1 Every drug test result reported by the laboratory will be reviewed by a qualified Medical Review Officer (MRO) who will be the medical director or an MRO selected by Union Pacific. In each case, prior to making a final decision to verify a positive test result reported by the laboratory, the MRO will make a reasonable effort to contact the employee tested and give them an opportunity to discuss the result.
14.2 If the MRO, or a staff person under the MRO's supervision, is unable to reach the employee directly after reasonable efforts, the MRO will contact the Designated Employer Representative (DER) or designee, who will direct the employee to contact the MRO as soon as possible. If it becomes necessary to reach the employee in this way, the manager will employ procedures that ensure, to the maximum extent practicable, that the instruction to contact the MRO is held in confidence.
14.3 If neither the MRO nor the Union Pacific, after making all reasonable efforts, has been able to contact the employee within 10 days of the date the MRO receives a positive test result from the laboratory, the test will be declared a "no-contact positive."
14.4 UP Policy
After making all reasonable efforts, if the Union Pacific manager is unable to contact the employee, the manager will place the employee in "physical pending" status.
14.5 The MRO will verify a test as positive without communicating directly with an employee when the employee expressly declines the opportunity to discuss the test; or when the Union Pacific has instructed the employee to contact the MRO and more than seventy-two hours have passed after that instruction was conveyed, or the MRO or UP is unable to contact the employee within 10 days.
14.6 If, after successfully contacting the employee, the MRO determines there is a legitimate medical explanation for the positive test result, the MRO will report the test result as negative.
14.7 If the MRO verifies the test result as positive, the MRO will instruct the employee not to report to, or perform any service. The MRO will report the result to the Union Pacific DER, as needed for administrative action.
15.0 - Split Drug Test Sample
15.1 Storage of Split Samples (49 CFR Part 40.99)
- Samples that yield non-negative drug test results, on confirmation, will be retained by the laboratory in properly secured, long-term, frozen storage for 365 days. Within this 365-day period the individual, Union Pacific, or DOT may request that the laboratory retain the sample for an additional period.
15.2 Split Sample Request (49 CFR Part 40.171)
15.2.1 When employees are notified by the MRO that they have a verified positive drug test or refusal to test because of adulteration or substitution, they have 72 hours from the time of notification to request a test of the split specimen. A request may be verbal or in writing to the MRO.
15.2.2 If an employee does not request a test of the split specimen within 72 hours, the employee may present to the MRO information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO (e.g., there was no one in the MRO's office and the answering machine was not working), or other circumstances unavoidably prevented the employee from making a timely request.
15.2.3 In mandatory post-accident testing situations, the FRA sets a 60-day time requirement for requesting a test of the split sample. Requests must be in writing and addressed to the MRO who will forward the request to the FRA. (49 CFR Part 219.211(I)).