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Current as of October 02, 2022 | Updated by FindLaw Staff
A railroad's referral program may include any of the following provisions at the option of the railroad and with the approval of the labor organization(s) affected:
(a) The program may provide that the rule of confidentiality is waived if:
(1) The regulated employee at any time refuses to cooperate in a DAC's recommended course of education, counseling, or treatment; or
(2) The railroad determines, after investigation, that the regulated employee has been involved in a drug- or alcohol-related disciplinary offense growing out of subsequent conduct.
(b) The program may require successful completion of a return-to-service medical examination as a further condition of reinstatement in regulated service.
(c) The program may provide that it does not apply to a regulated employee whom the railroad has previously assisted under a program substantially consistent with this section.
(d) The program may provide that, in order to invoke its benefits, the regulated employee must report to the railroad's designated contact either:
(1) During non-duty hours (i.e., at a time when the regulated employee is off duty); or
(2) While unimpaired and otherwise in compliance with the railroad's drug and alcohol rules consistent with this subpart.
Cite this article: FindLaw.com - Code of Federal Regulations Title 49. Transportation § 49.219.1005 Optional provisions - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-49-transportation/cfr-sect-49-219-1005/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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