Current through Register Vol. 50, No. 9, September 20, 2024
A.
General Requirements. Each operator shall provide educational materials that
explain these alcohol misuse requirements and the operator's policies and
procedures with respect to meeting those requirements. [
49
CFR 199.239(a)]
1. The operator shall ensure that a copy of
these materials is distributed to each covered employee prior to start of
alcohol testing under this Chapter, and to each person subsequently hired for
or transferred to a covered position. [
49
CFR 199.239(a)(1)]
2. Each operator shall provide written notice
to representatives of employee organizations of the availability of this
information. [
49
CFR 199.239(a)(2)]
B. Required Content . The
materials to be made available to covered employees shall include detailed
discussion of at least the following: [
49
CFR 199.239(b)]
1. the identity of the person designated by
the operator to answer covered employee questions about the materials; [
49
CFR 199.239(b)(1)]
2. the categories of employees who are
subject to the provisions of this Chapter; [
49
CFR 199.239(b)(2)]
3. sufficient information about the covered
functions performed by those employees to make clear what period of the work
day the covered employee is required to be in compliance with this Chapter; [
49
CFR 199.239(b)(3)]
4. specific information concerning covered
employee conduct that is prohibited by this Chapter; [
49
CFR 199.239(b)(4)]
5. the circumstances under which a covered
employee will be tested for alcohol under this Chapter; [
49
CFR 199.239(b)(5)]
6. the procedures that will be used to test
for the presence of alcohol, protect the covered employee and the integrity of
the breath testing process, safeguard the validity of the test results, and
ensure that those results are attributed to the correct employee; [
49
CFR 199.239(b)(6)]
7. the requirement that a covered employee
submit to alcohol tests administered in accordance with this Chapter; [
49
CFR 199.239(b)(7)]
8. an explanation of what constitutes a
refusal to submit to an alcohol test and the attendant consequences; [
49
CFR 199.239(b)(8)]
9. the consequences for covered employees
found to have violated the prohibitions under this Chapter, including the
requirement that the employee be removed immediately from covered functions,
and the procedures under §6543; [
49
CFR 199.239(b)(9)]
10. the consequences for covered employees
found to have an alcohol concentration of 0.02 or greater but less than 0.04; [
49
CFR
199.239(b)(10)]
11. information concerning the effects of
alcohol misuse on an individual's health, work, and personal life; signs and
symptoms of an alcohol problem (the employee's or a coworker's); and including
intervening evaluating and resolving problems associated with the misuse of
alcohol including intervening when an alcohol problem is suspected,
confrontation, referral to any available EAP, and/or referral to management. [
49
CFR
199.239(b)(11)]
C. Optional Provisions . The
materials supplied to covered employees may also include information on
additional operator policies with respect to the use or possession of alcohol,
including any consequences for an employee found to have a specified alcohol
level, that are based on the operator's authority independent of this Chapter.
Any such additional policies or consequences shall be clearly described as
being based on independent authority. [
49
CFR 199.239(c)]
AUTHORITY NOTE:
Promulgated in accordance with R.S. 30:751-757, redesignated as
R.S.
30:701-707 and
R.S.
30:501 et
seq.
