Drug and Alcohol Testing

LOCAL CHAIRMAN DRUG/ALCOHOL CHECKLIST

A. If a member tests positive for drugs/alcohol during either a reasonable cause/suspicion or a random test:

1. The member may request a split sample evaluation.

1. The member has 72 hours from the time of notification of a positive test to request a test of a split specimen from the MRO.
2. This request may be verbal or in writing.
3. If the test was a mandatory post-accident test, the member has 60 days to request a test of the split specimen.

B. If a member has been dismissed for a violation of the UPRR Drug and Alcohol Policy not connected with a rule violation, the member may be permitted a one-time return to work waiver.

1. In accordance with the agreement waiver, the member may return to service following a successful completion of an EAP-approved rehabilitation program. 

2. To qualify for the waiver, the member must not have a previous drug/alcohol violation in the previous 10 years.

C. Common terms of a Waiver Agreement.

1. Twelve-month probation period. During the probation period, any violation by the member of the terms of the waiver agreement will result in permanent dismissal.

2. UPRR may conduct follow-up testing for 5 years and the member may only participate in the program once every ten years.

3. The member will be given a single return-to-duty test that must be passed.

4. UPRR requires follow-up testing based upon the recommendations of the substance abuse professional (SAP) or EAP.

5. The member will be eligible for return to service based upon completed education, counseling, and/or treatment determined to be necessary by EAP or an SAP.

6. Reinstatement is on a leniency basis with vacation and seniority rights unimpaired, but without pay for lost time.

D. Common reinstatement conditions.

1. The member must enroll in and begin a personal rehabilitation program within 30 days after dismissal following an investigatory hearing, or within 3 days of signing the Companion Agreement waiver. Enrollment must be made by calling EAP at 1-800-779-1212.

2. The member must be drug/alcohol free and remain so combined with counseling and treatment determined by EAP/SAP.

3. The member must test drug/alcohol free.

4. The member must meet with the member’s local manager.

5. The member must submit to follow-up testing for 5 years.

E. Follow-up testing.

 1. The member will be subject to follow-up testing on dates selected by UPRR under the guidance of the EAP/SAP.

2. A directly observed test will be conducted at least once a year.

3. The member will be subject to follow-up testing for 5 years with 6 tests the first year, 4 tests the second year, and 2 tests each of the following years.

4. Follow-up tests will be on dates chosen by UPRR while the employee is on duty.

F. Available benefits.

1. Members enrolled in a substance abuse rehabilitation program are eligible for RRB sickness benefits subject to a 5-day waiting period

2. A member exiting the rehabilitation program and prior to return to service is eligible for RRB unemployment benefits subject to a 5-day waiting period.

3. Some rehabilitation facilities will file with SMART short-term disability so check with the facility for details.

G. DUI arrest.

 1. All arrests for driving under the influence of drugs or alcohol must be immediately reported as per the federal regulations.

2. The outcome of the members criminal case, if favorable, will not relieve the member of any requirements imposed by the Carrier.

 MEMBER CHECKLIST

 1. If you believe you have tested positive for drugs/alcohol in error, you may request a split specimen test from the MRO within 72 hours of the time of notification of a positive drug test. This request may be verbal or in writing.

 2. If a positive test has been confirmed, and it is not connected with a rule violation, you may be eligible for a one-time return to work waiver.

 3. Upon completion of the waiver, you must call EAP, and you must begin a personal rehabilitation program. EAP can be reached at 1-800-779-1212.

 4. While attending the rehabilitation program, you may be eligible for SMART short-term disability payments. Contact the rehabilitation facility for details.

 5. While attending the rehabilitation program, you are eligible for RRB sickness benefits. Log on to rrb.gov/Field-Office-Locator to find the nearest field office.

 6. Once you are out of the rehabilitation program, but you have not returned to service, you are eligible for RRB unemployment benefits. Contact your local field office for details.

 7. In order to return to service, you must have a negative drug/alcohol test.

 8. You will be subject to follow-up testing on dates selected by UPRR under the guidance of the EAP/SAP. A directly observed test will be conducted at least once a year.

 9. You will be subject to follow-up testing for 5 years with 6 tests the first year, 4 tests the second year, and 2 tests each of the following years. You may only participate in the program once every ten years.

 10. Follow-up tests will be on dates chosen by UPRR while you are on duty.