5.0 PROHIBITIONS (49 CFR Parts
219.101, 219.102, 219.103)
5.1 Alcohol and drug use prohibited
5.1.1 Prohibitions.
Except as provided in 49 CFR Part 219.103 (Prescribed and over-the-counter drugs), no employee may use or possess alcohol or any controlled substance while assigned by a railroad to perform covered service.
5.1.2 No
employee may report for covered service, or go or remain on duty in covered service while:
Under the influence of or impaired by alcohol,
Having
.02 or more alcohol concentration in the breath or blood (.04 is a Federal violation),
Under
the influence of or impaired by any controlled substance.
5.1.3 No
employee may use alcohol for whichever is the lesser of the following periods:
Within
four hours of reporting for covered service, or
After
receiving notice to report for covered service.
5.1.4 Prohibition
on abuse of controlled substances.
No
employee who performs covered service may use a controlled substance at any time, whether on duty or off duty, except as permitted by 49 CFR Part 219.103, Prescribed and Over-the-counter Drugs.
5.2 UP Policy
5.2.1 Union Pacific policy prohibits any illegal use of a
controlled substance, and any possession, use of, or impairment by alcohol when any employee is subject to duty, reporting for duty, on duty, or on Union Pacific property.
5.2.2 “Illegal use” includes those substances which
are used without a proper valid prescription by a licensed practitioner whose scope of practice includes appropriate prescriptions of medications. Illegal “possession” includes those drugs specified under the federal
controlled substances act which has not been properly dispensed by a licensed of physician or other practitioner who can dispense medications.
5.2.3 Drugs which are prohibited under this policy include
"controlled substances" on Schedules I through V of the Federal Controlled Substances Act, as revised. Controlled substances are listed in 21 CFR Part 1308. (http://www.deadiversion.usdoj.gov/21cfr/cfr/2108cfrt.htm)
5.2.4 The controlled substances list includes drugs
(Schedule I) that are distributed only by a medical practitioner's prescription or other authorization (Schedules II through IV, and some drugs on Schedule V), and certain preparations for which distribution is through
documented over the counter sales
(Schedule V only).
5.3 Prescribed and over-the-counter
drugs (49 CFR Part 219.103)
5.3.1 49
CFR Part 219.103 does not prohibit the use of a controlled substance (on Schedules II through V of the controlled substance list) prescribed or authorized by a medical practitioner, or possession incident to such use, if
the treating medical practitioner or a physician designated by the railroad has made a good faith judgment, with notice of the employee's assigned duties and on the basis of the available medical history, that use of the
substance by the employee at the prescribed or authorized dosage level is consistent with the safe performance of the employee's duties; The substance is used at the dosage prescribed or authorized; and in the event the
employee is being treated by more than one medical practitioner, at least one treating medical practitioner has been informed of all medications authorized or prescribed and has determined that use of the medications is
consistent with the safe performance of the employee's duties (and the employee has observed any restrictions imposed with respect to use of the medications in combination).
5.4 UP Policy
5.4.1 Union Pacific requires employees to have a written copy of their treating medical practitioner’s evaluation/determination
(as above) available upon request of their manager or the Medical Review Officer (MRO).
5.4.2 Any use of another person’s prescribed medicine is
prohibited.
5.4.3 Any use of so-called “medical marijuana” is
prohibited.
5.5
Responsive action (49 CFR Part 219.104)
5.5.1 Removal
from covered service
If the railroad determines that an employee has violated 49 CFR Parts 219.101 or 219.102, or the alcohol or controlled substances misuse rule of another DOT agency, the railroad must immediately remove the
employee from covered service.
If an employee refuses to provide breath or a body fluid specimen or specimens when required to by the railroad under a mandatory provision of this part, the railroad must immediately remove the employee from
covered service
Notice: Prior to or upon withdrawing the employee from covered service under this section, the railroad must provide notice to the employee of the reason for this action.
Hearing procedures: If the employee denies that the test result is valid evidence of alcohol or drug use prohibited by 49 CFR Part 219 (including
refusals), the employee may demand and must be provided an opportunity for a prompt post-suspension hearing before a presiding officer other than the charging official.
5.6
Railroad's duty to prevent violations (49 CFR Part 219.105)
5.6.1 A railroad may not, with actual knowledge, permit an employee to go or remain on duty in covered service in violation of the prohibitions of 49 CFR Part 219.101 (alcohol), 49 CFR Part 219.102 (drugs) or 49 CFR Part 219.103 (prescribed and over-the-counter drugs).