Federal law requires random drug testing of T&E employees, and the testing company has to have a Federal License to perform such test.
The results are reported to the FRA and the carrier, in that order, any employee found to have a drug or alcohol problem is removed from service.
Carriers have no choice in that matter, is a the law,
Depending on whether this is a first time offender or not, they will be offered counseling and rehabilitation , part of the National Labor Contract, but you only get one shot at it, then you are truly fired, if you are an engineer, your Federal Engineers License is revoked, if you’re a conductor or brakeman, your conductors certificate is revoked.
The FRA monitors how many and how often a carrier, be it a Class 1, 2 or 3 perform random testing, and will fine carriers who do not follow the law,
Any FRA reportable accident/incident requires a drug and alcohol test.
In 15 years, I have had over 20 random tests.
This is one of those things carriers are not going to shirk…
As for a disorder like sleep apnea, your physician is required to report it to the FRA, similar to doctors having to report gunshot wounds.
Most carriers will not test a T&E employee for a sleep disorder unless there is sufficient concern, in that the employee has been disciplined several times for sleeping on the job.
If, and only if a doctor reports to the carrier and the FRA that an employee is being successfully treated for such a disorder, will that employee be allowed to continue in T&E service.
If the disorder was something you had before you became employed, you will be terminated, (it is one of the standard questions on all railroads employment application forms) because you were untruthful on the application.
This limits the carrier’s liability/risk.
If your doctor reports the condition developed during your employment and con not be successfully treated, then the contract has provisions for