Attachment_D_-_ATIP_Alcohol-Drug_Policy.pdf

Attachment D

ATTACHMENT D

ATIP Alcohol and Drug Abuse Policy

Control of Alcohol and Drug Use

With respect to its personal/operations under this contract, the Contractor and Contractor employees shall be deemed subject to the provisions of Title 49, Code of Federal Regulations (C.F.R.), Part 219, Control of Alcohol and Drug Use, as specified below, to the extent Contractor/Contractor employees would be subject to those provisions, if the Contractor were operating as a Class I common carrier engaged in interstate commerce. Unless otherwise specified in this clause or elsewhere in the contract, the terms or requirements referenced in this clause have the same meaning as if used in the context of 49 CFR Part 219. For purposes of this clause, the term “train” includes a self-propelled track inspection vehicle.

(a) Post-Accident Toxicological Testing-

(1) List of Events - Except as provided in paragraph (2) of this clause, post-accident toxicological tests shall be conducted by the Contractor on each and every Contractor employee assigned to a track inspection vehicle under the contract after any event that involves one or more of the circumstances described in paragraph (a)(1) through (3) of this clause:

(i) Major train accident - Any train accident that involves one or more of the following:

(A) A fatality;

(B) Release of a hazardous material accompanied by an accident or reportable injury resulting from the hazardous material release (e.g., from fire, explosion, inhalation, or skin contact with the material); or

(C) Damage to railroad or Contractor property, or to Government-furnished equipment (GFE), of $500,000 or more.

(ii) Impact accident - An impact accident resulting in:

(A) A reportable injury; or

(B) Damage to railroad or Contractor property, or to GFE, of $50,000 or more.

(iii) Fatal train incident - Any train incident that involves a fatality to any on-duty railroad, Contractor, or FRA employee, or to any on-board occupant.

(2) Exception - No test shall be required in the case of a collision between railroad rolling stock or a track inspection vehicle and a motor vehicle or other highway conveyance at a rail/highway grade crossing.

(3) Testing Exclusions - An employee is excluded from testing in any case of an accident/incident for which testing is mandated only under section (a)(1)(ii) above (“impact accident”) or under section (a)(1)(iii) above (“fatal train incident”), if the Contractor can immediately determine, on the basis of specific information, that the employee had no role in the cause(s) of the accident/incident.

(b) Authorization to Test for Cause

The provisions of 49 C.F.R. 219.301(c), “Reasonable cause for urine test–,” are hereby incorporated into this contract by reference. For purposes of such provisions in the context of this contract, the term “railroad” includes the Contractor, and the term “supervisory employee of the railroad” includes a similarly designated employee of the Contractor.

A reasonable cause test shall be conducted in any case where the Contractor reasonably suspects that a Contractor employee is under the influence of, or impaired by alcohol or a controlled substance, subject to the conditions and safeguards provided by regulation. Further, in the case of a reportable accident/incident or enumerated rule violation, testing shall be conducted for responsible employees in any case where the host railroad, the Contractor, or the FRA requests and/or similarly involved host railroad employees are tested.

All testing conducted under this section shall be performed on urine specimens, as set forth in 49 C.F.R., Part 219 and the FRA Alcohol/Drug Field Manual, utilizing a two-specimen sampling procedure with option for blood test. A laboratory certified by the Department of Defense or the “National Institute on Drug Abuse, United States Department of Health and Human Services, shall conduct analysis.

(c) Corporate Requirements

The Contractor shall adopt, publish, and implement corporate requirements, which incorporate the standards imposed by Section H.9. The corporate requirements shall include, at a minimum, provisions addressing: 1. Policies covering use of alcohol and drugs in connection with covered service; 2. training;

and 3. record keeping. Compliance shall be determined in accordance with provisions of 49 C.F.R., Part 219, but substituting the term “Contractor” for the term “railroad” in the context of those provisions. An additional element of the corporate requirements shall include written consent from any Contractor employee connected with the safe movement of a track inspection vehicle to post-accident toxicological testing and reasonable cause testing. Such consent shall be obtained upon the effective date of this contract with respect to existing employees, and prior to employment of any future employee, who will be assigned to operation of a track inspection vehicle. Such consent shall be a condition of employment under this contract, and the written consent of each affected employee shall be kept on file by the Contractor and made available to the Contracting Officer on request.

The Contractor shall submit any proposed corporate requirements intended to satisfy the standards, or a change to existing corporate requirements, to the Contracting Officer for approval, 30 days prior to the effective date of such proposal or change.

H.10 Interpretation of Control of Alcohol and Drug Use

The parties interpret the contents and wording of clause H.9, specifically to this contract as follows:

(a) Where an accident, incident or rule violation is involved, the determination as to whether or not the event falls within the requirements of H.9 shall be made by the host railroad.

(b) In the case of a major train accident, it is the understanding of the parties that all Contractor personnel on board the track inspection vehicle shall be tested.

(c) In the case of an impact accident, a fatal train incident, a reasonable cause (accident/incident or rule violation) test, it is the understanding of the parties that the Survey Director and the Vehicle Operator shall automatically be tested. The Contractor shall test other Contractor employees found to be involved in the cause of the impact accident, fatal train incident, and accident/incident or rule violation.

(d) It is the understanding of the parties that a determination under 49 C.F.R. 219.301(c)(2)(i) may be made by only one supervisor, provided that such supervisor has been trained in accordance with the provisions of 49 C.F.R. 219.301(c)(2)(ii).

(e) It is the understanding of the parties that the Contractor will make a reasonable, good faith effort to comply with all provisions covered by H.9, and it is anticipated that in close to 100 percent of the cases where testing is required, it will be accomplished. However, the parties also recognize that circumstances may arise under which the Contractor is unable to accomplish the gathering of samples. If the Contractor is unable to obtain a sample for any reason, it will provide to FRA a detailed report describing the circumstances and its efforts to comply with the terms of the testing provisions.

ATTACHMENT D