Responsibility Alert

 We have received an inquiry regarding an engineer taking prescription medication and what his responsibilities are regarding notification to the company.  Below you will find Rule 90.1 Drugs and Alcohol Policy from the UP web page that outlines what you need to do if you are on prescription medication that could possibly be viewed as an illegal substance.

UNION PACIFIC RAILROAD

Safety Rules Effective October 25, 1998

90.1 Drugs and Alcohol Policy

(“In Part”) (Effective March 1, 1997)

Employees must not report for duty or be on company property under the influence of, or use while on duty, any over-the-counter or prescription drug or medication which may in any way adversely affect their alertness, coordination, reaction, response, or safety.*

If an employee is in doubt as to whether an over-the-counter or prescription drug may have an adverse effect on alertness, coordination, reaction, response, or safety, the employee should take the following steps:

1. The employee’s treating medical practitioner or any other medical practitioner who has evaluated the individual should make a good faith judgment in writing, with notice of the employee’s assigned duties and on the basis of the available medical history, that the use of the substance by the employee at the prescribed or authorized dosage applicable is consistent with the safe performance of the employee’s duties. A copy of this documentation must be kept in the employee’s possession while on duty; and 2. The substance must be used only in the manner and dosage, and for the purpose prescribed or authorized; and

3. In the event the employee is being treated by more than one medical practitioner, at least one treating medical practitioner should be informed of all medications authorized or prescribed and should make a good faith judgment, in writing, that the combination of medications is consistent with the safe performance of the employee’s duties. A copy of this documentation must be kept in the employee’s possession while on duty, and the employee must observe any restrictions imposed with respect to use of medications in combination.

Note: Every employee must recognize that the unauthorized use of another person’s prescription is illegal and may cause a positive test result which would be a violation of Union Pacific’s drug and alcohol testing policy.

The conduct of any employee leading to conviction of any misdemeanor or felony involving the unlawful use, possession, manufacture, distribution, dispensation, or transportation of any illegal drug or controlled substance is prohibited.

Any employee convicted of any such misdemeanor or felony must notify his or her supervisor of that fact no later than the end of the first business day immediately following the day the employee receives notice of the conviction.

*Drugs which are considered to be prohibited under this policy include all “controlled substances” on Schedules I through V of the Federal Controlled Substances Act as revised from time to time. These controlled substances are listed in Volume 21 of the Code of Federal Regulations, Section 1308. They include illicit drugs (Schedule I), drugs that are required to be distributed only by a medical practitioner’s prescription or other authorization (Schedules II through IV, and some drugs on Schedule V), and certain preparations for which distribution is through documented over the counter sales (Schedule V only).  They are grouped as follows: marijuana, narcotics (such as heroin and codeine), stimulants (such as
cocaine and amphetamines), depressants (such as barbiturates and minor tranquilizers), and
hallucinogens (such as the drugs known as PCP and LSD).

Copyright 1869 - 2003 Union Pacific Railroad Company

Here is the specific part of the Federal Statute that governs the U.P. policy regarding prescription drug use by railroad employees.

  Subpart B--Prohibitions

Sec. 219.103  Prescribed and over-the-counter drugs.

    (a) This subpart does not prohibit the use of a controlled substance (on Schedules II through V of the controlled substance list) prescribed or authorized by a medical practitioner, or possession incident to such use, if--
    (1) The treating medical practitioner or a physician designated by the railroad has made a good faith judgment, with notice of the employee's assigned duties and on the basis of the available medical history, that use of the substance by the employee at the prescribed or authorized dosage level is consistent with the safe performance of the employee's duties;
    (2) The substance is used at the dosage prescribed or authorized; and
    (3) In the event the employee is being treated by more than one medical practitioner, at least one treating medical practitioner has been informed of all medications authorized or prescribed and has determined that use of the medications is consistent with the safe performance of the employee's duties (and the employee has observed any restrictions imposed with respect to use of the medications in combination).
    (b) This subpart does not restrict any discretion available to the railroad to require that employees notify the railroad of therapeutic drug use or obtain prior approval for such use.

BROUGHT TO YOU

BY

UPGCA