How Do FRA Peer Support and Self-Referral Programs Work?

FRA peer support rules are in 49 CFR Part 219 Subpart K, titled Referral Programs. Each railroad subject to Subpart K adopts, publishes, and implements a self-referral program and a co-worker referral program. A railroad may also adopt a non-peer referral program and alternate programs (49 CFR 219.1001). Small railroads are excepted from Subpart K (49 CFR 219.3).

A self-referral program gives a regulated employee who abuses drugs or alcohol a chance to obtain counseling or treatment before the problem shows up in a detected violation. The railroad names one or more contacts for a Drug and Alcohol Counselor (DAC). The program may require the employee to make the referral during non-duty hours or while unimpaired (49 CFR 219.1003, 49 CFR 219.1005). A railroad accepts a co-worker referral only if it alleges the employee was apparently unsafe to work with or in violation of the rules, and the employee waives investigation of the rule charge and contacts the DAC within a reasonable time (49 CFR 219.1003).

An employee who seeks help through a referral program and completes the education, counseling, or treatment the DAC specifies may keep the employment relationship. The DAC evaluation is completed within 10 working days, or 20 working days if more than one evaluation is needed. An employee with an active drug abuse disorder does not perform regulated service until the DAC reports that safety is no longer affected. The railroad grants the minimum leave the DAC recommends and returns the employee to regulated service within five working days of the DAC's notice of fitness, unless the employee has a disqualifying medical condition. The DAC sets the number and frequency of follow-up tests. Follow-up treatment, care, or testing under a referral program does not extend beyond 24 months after the employee's initial removal from regulated service, unless the employee's entry into the program involved a substantiated Part 219 violation (49 CFR 219.1003(m)). Only personnel who administer the program may access the identities of participants (49 CFR 219.1003).

The rules have limits. A railroad does not have to honor a referral made to avoid the imminent detection of a rule violation by a supervising employee. Subpart K does not interfere with Federal reasonable suspicion testing when a supervisor sees signs and symptoms of alcohol or drug use, and it does not require pay for time out of service (49 CFR 219.1001). Alternate programs need the written concurrence of employee representatives and FRA approval (49 CFR 219.1007). The drug and alcohol testing rules in other subparts still apply.