6.0 UNION
PACIFIC POLICY ON PROHIBITIONS
6.1
Off-Duty Conduct
6.1.1 The conduct of any employee leading to conviction of
any misdemeanor or felony involving the unlawful use, possession, manufacture, distribution, dispensation or transportation of any illegal drug or controlled substance, is prohibited.
6.1.2 Employees convicted of such misdemeanor or felony
must notify their supervisor of that fact no later than the end of the first business day immediately following the day the employee receives notice of the conviction. Failure to do so will negate that employee’s right
under this policy for a one-time return to service, if applicable.
6.1.3 Certified locomotive engineers and remote control
operators, whatever class of service, i.e., including hostlers, must report to the EAP any conviction for operating a motor vehicle while under the influence of or impaired by alcohol or a controlled substance. Report
must be made either to the National Employee Assistance Help Line, 800-779-1212, or to their supervisor, within forty-eight hours of the conviction. (49CFR Part 240.111(h)).
6.1.4 State-sponsored diversion programs, deferred case
decisions, guilty pleas, and completed state actions to cancel, revoke, suspend, or deny a driver's license are considered convictions as applied to this policy. 6.1.5 Employees charged with such an offense, who believe
that they may be convicted of the charge, are encouraged to contact an EAP representative for counseling prior to the actual conviction. This may reduce lost time after the conviction, because EAP may be able to release
them for work sooner if an active substance disorder is not detected.
6.2
Driving Company Vehicle
6.2.1 Driving a motor vehicle owned, leased, or rented by
the company, while under the influence of alcohol and or drugs, both on or off Union Pacific property and both on or off duty, is prohibited.
6.2.2 Any employee arrested, ticketed, or convicted for
driving a motor vehicle owned, leased, or rented by the company under the influence of alcohol and or drugs, must notify a supervisor as soon as possible, but no later than the end of the first business day immediately
following the day the employee is arrested, ticketed, or convicted. The failure to do so may negate that employee’s right under this policy for a one-time return to service, if applicable.
6.3 Actual
Knowledge of Off-duty or Pre-Duty Use
If
Union Pacific has actual knowledge of off-duty use of drugs, or pre-duty use of alcohol (within four hours of work), or if a manager directly observes consumption, use, or possession of drugs or alcohol, by any on-duty
employee, this policy has been violated and the employee is subject to disciplinary action without the necessity of testing.
6.4 Voluntary
Layoff
Union
Pacific permits off-duty employees subject to duty, or called for duty, to layoff with an admission that they are under the influence of alcohol or drugs (illegal or legal), except at an away from home terminal. However,
if this privilege is abused, employees may be referred to EAP and may be subject to disciplinary action.
6.5 FMCSA
Regulations (49 CFR Part 382, 49 CFR Part 383)
6.5.1 No driver will perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours will permit a driver to perform or
continue to perform safety-sensitive functions.
6.5.2 No driver required to take a post-accident alcohol test under 49 CFR Part 382.303 will use alcohol for eight hours following the accident, or until the employee undergoes a post-accident alcohol test, whichever
occurs first.
6.6 UP
Policy
All
DOT certified drivers, including CMV operators, must notify a supervisor when their license has been revoked, suspended or withdrawn for any reason, including drug or alcohol-related revocations, within forty-eight
hours.