§ 219.107 - Consequences of refusal.

§ 219.107 Consequences of unlawful refusal.

Cross Reference

Link to an amendment published at 81 FR 37930, June 10, 2016.

(a) An A regulated employee who refuses to provide a breath or a body fluid specimen or specimens when required to by the railroad under a mandatory provision of this part must be deemed disqualified withdrawn from regulated service for a period of nine (9) months. Per the requirements of part 40 of this title, a regulated employee who provides an adulterated or substituted specimen is deemed to have refused to provide the required specimen and must be withdrawn from regulated service in accordance with this section.

(b) Prior to Notice. Before or upon withdrawing the a regulated employee from covered regulated service under this section, the a railroad must provide written notice to the employee of the reason for this action, and the procedures described in § 219.104(c) apply. A railroad may provide a regulated employee with an initial verbal notice so long as it provides a follow-up written notice as soon as possible.

(c) The disqualification withdrawal required by this section applies with respect to employment in covered service by only to an employee's performance of regulated service for any railroad with notice of such disqualification. withdrawal. During the period of withdrawal, a railroad with notice of such withdrawal must not authorize or permit the employee to perform any regulated service for the railroad.

(d) The requirement of disqualification withdrawal for nine (9) months does not limit any discretion on the part of the railroad to impose additional sanctions for the same or related conduct.

(e) Upon the expiration of the 9-nine month period described in this section, a railroad may permit the an employee to return to covered regulated service only under the same conditions specified in § 219.104(d), and the regulated employee must be subject to return-to-duty and follow-up tests, as provided by that section.

[81 FR 37930, June 10, 2016]