19.0 CO-WORKER REPORT (49 CFR Part
219.405)
19.1 General
19.1.1 An
employee may maintain an employment relationship with the railroad following an alleged first offense, if the alleged violation comes to the attention of the railroad as a result of a report by a co-worker that the
employee was apparently unsafe to work with or was, or appeared to be, in violation of FRA regulations or the railroad's drug and alcohol policy. If the railroad manager, after being notified by a co-worker, determines
that the employee is in violation, the railroad must immediately remove the employee from service in accordance with its existing policies, agreements, and procedures.
19.1.2 The
employee must contact the EAP, as appropriate, within three (3) days. The EAP must schedule necessary interviews with the employee and complete an evaluation within 10 calendar days of the date on which the employee
contacts the EAP, unless it becomes necessary to refer the employee for further evaluation. In each case, all necessary evaluations must be completed within 20 days of the date on which the employee contacts the
professional, if possible.
19.1.3 Union
Pacific will give all employees, agreement and non-agreement, one co-worker referral opportunity without exercise of disciplinary action for a violation of UP policy or DOT regulations prohibiting the use of alcohol,
drugs, or the misuse of prescription drugs (49 CFR Parts 219.101, 219.102, or 219.103).
19.2 When treatment is required
19.2.1 If
the EAP determines that the employee is affected by psychological or chemical dependence on alcohol or a drug or by another identifiable and treatable mental or physical disorder involving the abuse of alcohol or drugs
as a primary manifestation, the following conditions and procedures apply:
19.2.2 The
railroad will to the extent necessary for treatment and rehabilitation, grant the employee a leave of absence for the period necessary to complete primary treatment and establish control over the employee's alcohol or
drug problem. The policy must allow a leave of absence of not less than 45 days, if necessary for the purpose of meeting initial treatment needs.
19.2.3 The
employee will agree to undertake and successfully complete a course of treatment deemed acceptable by EAP. 19.2.4 The railroad will promptly return the employee to service, on recommendation of the EAP, when the employee has established control over the substance abuse problem. Return to service may also be conditioned on
successful completion of a return-to-service medical examination.
Approval to return to service may not be withheld unreasonably.
19.2.5 Following return to service, the employee, as a further condition on withholding of discipline, may, as necessary, be required to participate in a reasonable program of follow-up treatment, as prescribed by the
SAP, for a period not to exceed 60 months from the date the employee was originally withheld from service.
19.3 When
treatment is not required
If the EAP determines that the employee is not affected by an identifiable and treatable mental or physical disorder, the company will return the employee to service within five days after completion of the
evaluation. During or following the out-of-service period, the railroad will require the employee to participate in a minimum program of education and/or training concerning the effects of alcohol and drugs on
occupational or transportation safety.
19.4
Follow-up tests for co-worker referral
The company will conduct return-to-service and/or follow-up tests (as described in 49 CFR Part 219.104) of an employee who waives investigation and is determined to be ready to return to service under this
section.
19.5
Co-Worker Report Summary
19.5.1 Union Pacific will afford all employees a one-time
co-worker referral opportunity which provides that an employee maintains an employment relationship with Union Pacific following an alleged first offense of Rule 1.5 or this Policy subject to the following conditions:
No
other rule violation is involved.
The
alleged violation must come to the attention of Union Pacific as a result of a report by a co-worker that the employee was apparently unsafe to work with or was, or appeared to be, in violation of this Policy.
If
Union Pacific's representative can independently confirm that the employee is in violation, that employee will immediately be removed from service.
The
employee must elect to waive investigation on the rule charge and must contact EAP within three days of the waiver election.
The
employee must cooperate in an evaluation. If a disorder is identified, the employee must successfully complete the minimum education, counseling or treatment prescribed by EAP before qualifying to return to service.
The employee will be subject to the follow-up drug or alcohol testing program in this situation.
19.5.2 Certain employee labor organizations have a "bypass" agreement that permits a one-time waiver of disciplinary investigation upon a confirmed report from a co-worker that an employee has violated Union Pacific's Drug and Alcohol Policy. Those agreements, where applicable, are in lieu of the provisions of this section.