49 CFR § 219.1001 - Requirement for referral programs.
---
identifier: "/us/cfr/t49/s219.1001"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 219.1001 - Requirement for referral programs."
title_number: 49
title_name: "Transportation"
section_number: "219.1001"
section_name: "Requirement for referral programs."
chapter_name: "FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "219"
part_name: "CONTROL OF ALCOHOL AND DRUG USE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89."
regulatory_source: "66 FR 41973, Aug. 9, 2001, unless otherwise noted."
cfr_part: "219"
---
# 219.1001 Requirement for referral programs.
(a) The purpose of this subpart is to help prevent the adverse effects of drug and alcohol abuse in connection with regulated employees.
(b) A railroad must adopt, publish, and implement the following programs:
(1) *Self-referral program.* A program designed to encourage and facilitate the identification of a regulated employee who abuses drugs or alcohol by providing the employee the opportunity to obtain counseling or treatment before the employee's drug or alcohol abuse manifests itself in a detected violation of this part; and
(2) *Co-worker referral program.* A program designed to encourage co-worker participation in preventing violations of this part.
(c) A railroad may adopt, publish, and implement the following programs:
(1) *Non-peer referral program.* A program designed to encourage non-peer participation in preventing violations of this part; and
(2) *Alternate program(s).* An alternate program or programs meeting the specific requirements of § 219.1003 or complying with § 219.1007, or both.
(d) Nothing in this subpart may be construed to:
(1) Require payment of compensation for any period a regulated employee is restricted from performing regulated service under a voluntary, co-worker, or non-peer referral program;
(2) Require a railroad to adhere to a voluntary, co-worker, or non-peer referral program when the referral is made for the purpose, or with the effect, of anticipating or avoiding the imminent and probable detection of a rule violation by a supervising employee;
(3) Interfere with the subpart D requirement for Federal reasonable suspicion testing when a regulated employee is on duty and a supervisor determines the employee is exhibiting signs and symptoms of alcohol and/or drug use;
(4) Interfere with the requirements in § 219.104(d) for responsive action when a violation of § 219.101 or § 219.102 is substantiated; or
(5) Limit the discretion of a railroad to dismiss or otherwise discipline a regulated employee for specific rule violations or criminal offenses, except as this subpart specifically provides.