{"data":{"id":"us/49-cfr-219.1005","jurisdiction":"us","citation":"49 CFR 219.1005","heading":"Optional provisions.","body":"A railroad's referral program may include any of the following provisions at the option of the railroad and with the approval of the labor organization(s) affected:\n(a) The program may provide that the rule of confidentiality is waived if:\n(1) The regulated employee at any time refuses to cooperate in a DAC's recommended course of education, counseling, or treatment; or\n(2) The railroad determines, after investigation, that the regulated employee has been involved in a drug- or alcohol-related disciplinary offense growing out of subsequent conduct.\n(b) The program may require successful completion of a return-to-service medical examination as a further condition of reinstatement in regulated service.\n(c) The program may provide that it does not apply to a regulated employee whom the railroad has previously assisted under a program substantially consistent with this section.\n(d) The program may provide that, in order to invoke its benefits, the regulated employee must report to the railroad's designated contact either:\n(1) During non-duty hours (i.e., at a time when the regulated employee is off duty); or\n(2) While unimpaired and otherwise in compliance with the railroad's drug and alcohol rules consistent with this subpart.","path":["Title 49—Transportation","Subtitle B—Other Regulations Relating to Transportation","CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","PART 219—CONTROL OF ALCOHOL AND DRUG USE","Subpart K—Referral Programs"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"f9c1fc31b3380c2c86cdabebe9f3b17e4597eebb0b25c9821f05a3bde4817d01","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-219.1003","next":"us/49-cfr-219.1007"},"notice":"GroundRules: Original legal text. Not legal advice."}