Fitness-for-Duty Evaluations
Union Pacific maintains the final authority for determining whether an employee is fit for duty. To determine Fitness-for-Duty, employees may be required to participate in medical tests and evaluations.
Evaluations completed by Health and Medical Services (HMS) may include, but are not limited to various components such as: (1) regulatory medical certification requirements; (2) drug screen; (3) medical, psychological and/or functional evaluations, (4) obtaining additional medical records for review by HMS, and (5) other information as deemed necessary by HMS.
A Fitness-for-Duty evaluation may be initiated by HMS and/or a Supervisor. Employees requesting a Medical Leave may also be required to complete a Fitness-for-Duty Evaluation prior to returning to work or in the event of a change in a Reportable Health Event.
Health & Medical Services Initiated Fitness-for-Duty
Regulatory Medical Evaluations
Employees with designated job assignments may be required to have Regulatory Medical Evaluations, based on requirements of federal and/or state government regulations.
Applicable government regulations to be used by HMS as references in carrying out regulatory evaluations, may include, but not be limited to, the following:
- Federal Motor Carrier Safety Administration (FMCSA) - Compliance with commercial motor vehicle licensing requirement
- Federal Aviation Administration (FAA) - Compliance with FAA Regulations for Pilots
- Federal Railroad Administration (FRA) - Compliance with medical certification requirements for Locomotive Engineers, Conductors, and Remote Control Locomotive Operators; Compliance with other FRA medical requirement for covered employees; Compliance with Hearing Conservation Program requirements for covered employees
- Occupational Safety and Health Administration (OSHA) - Compliance with regulations on worker exposure to potential workplace hazards; Compliance with specific medical certification requirements, including but not limited to, hazardous materials workers and use of respirators and other personal protective equipment
New medical regulatory requirements that come into effect, and apply to Union Pacific employees, will automatically be included in these rules. HMS will apply applicable regulatory requirements regarding medical evaluations for employees. HMS may use additional guidelines or other materials produced by government agencies, or other sources, as references in carrying out regulatory evaluations. For certain jobs or tasks covered by regulatory medical requirements, HMS may utilize medical Fitness-for-Duty requirements that are more rigorous or stringent than the minimal requirements of a regulation.
Job Transfer
An employee who transfers from an existing Union Pacific job assignment to a different job assignment outside of the provisions of the collective bargaining agreement will be evaluated for Fitness-for-Duty before beginning the new job if the transfer is:
1.To a Dispatcher position or an Operating Department field position (including all Transportation, Engineering Services, and Mechanical position - agreement and nonagreement), and/or
2.To a position requiring regulatory certification, and/or
3.To other selected positions, where it is determined that a Job Transfer Evaluation is needed, based on physical and functional requirements of the job
Pre-placement (post offer) and Return to Work After 1-Year Absence
All post-offer applicants will be required to participate in a Pre-Placement Evaluation after a conditional job offer is made, and before the applicant begins work. All post-offer applicants will be subject to a drug screen and evaluations deemed appropriate by HMS. In addition, some employees may also be subject to Regulatory Medical Evaluations based on requirements of federal and/or state government regulations.
An employee absent from work for a period of 12 months or longer for any medical or non-medical reason, must undergo the requirements of a pre-placement (post-offer) evaluation for the position before returning to work. Absences include, but are not limited to:
1.On-Duty injury
2.Off-Duty injury or illness
3.Employee Assistance Program participation
4.Reserve Board assignment
5.Furlough
6.Personal leave
7.Military service
Other
Additional Fitness-for-Duty Evaluations are conducted whenever it is deemed necessary to determine an Employee’s Fitness for Duty on a case-by-case basis.
Supervisor Initiated
Supervisors have the ability to request a Fitness-for-Duty evaluation based on credible information which raises a concern about the employee's ability to safely perform his/her job duties. The Supervisor may remove the employee from service during the review period.
Employee Requested Medical Leave and Reporting Requirements
Agreement Employees
The purpose of the Medical Leave Evaluation is to determine the medical appropriateness of an employee's requested leave, due to a medical condition of the employee and ensuring the employee is medically and functionally able to perform his/her job.
Pursuant to Union Pacific policies, an employee must provide adequate medical documentation to verify the need for a medical leave:
- Leaves less than 30 days can be approved by the appropriate supervisor without Health and Medical Services review.
- Leaves requested for 30 days or more or a leave which becomes extended beyond 30 days, shall be referred to Health and Medical Services for review prior to approval by supervisor.
Family Medical Leave Act (FMLA): See the Family Medical Leave Act (FMLA) policy on the Employees site for FMLA associated absences also processed by Health and Medical Services.
Additional requirements for agreement Telecom employees, Supply Department field employees, and Operating Department field employees (including all Transportation, Engineering Services and Mechanical employees)
All agreement Telecom employees, Supply Department field Employees, and Operating Department field employees (including Transportation, Engineering Services, and Mechanical employees) must report the following reportable health events to Health and Medical Services so that a Fitness-for-Duty evaluation can be completed whether or not a medical leave is requested (See Appendix B for more detail):
- Cardiovascular Conditions
- Seizure or Loss of Consciousness
- Significant Vision or Hearing Changes
- Diabetes Treated with Insulin
- Severe Sleep Apnea
If an agreement Telecom employee, Supply Department field employee or Operating Department field employee (including all Transportation, Engineering Services, and Mechanical employees) has a reportable health event, at work or off work, the employee must:
- Stay off work (not report to work or mark up for duty) until Health and Medical Services has completed a Fitness-for-Duty evaluation for the reportable health event and has provided the employee's supervisor with notification that the employee is fit for duty and able to return to his/her job.
- Notify his/her Supervisor that he/she has had a reportable health event that requires Health and Medical Services to complete a Fitness-for-Duty evaluation prior to employee returning to his/her job.
- Notify Health and Medical Services that he/she has had a reportable health event that requires a Fitness-for-Duty evaluation prior to employee returning to his/her job.
Nonagreement Employees
All Nonagreement Employees requiring a medical absence should:
See the Short-Term/Long-Term Disability (STD/LTD) policy for Nonagreement for health related absences.
Additional Requirements for nonagreement Telecom employees, nonagreement Supply Department field employees, and Dispatchers and nonagreement Operating Department field employees (including all Transportation, Engineering Services, and Mechanical)
All nonagreement Telecom employees, nonagreement Supply Department field employees and Dispatchers and nonagreement Operating Department field employees (including all Transportation, Engineering Services, and Mechanical) must report the following reportable health events to Health and Medical Services so that a Fitness-for-Duty evaluation can be completed whether or not a Short Term Disability or other medical leave is requested (See Appendix B for more detail):
- Cardiovascular Conditions
- Seizure or Loss of Consciousness
- Significant Vision or Hearing Changes
- Diabetes Treated with Insulin
- Severe Sleep Apnea
If nonagreement Telecom employees, nonagreement Supply Department field employees, Dispatchers and nonagreement Operating Department field employees (including all Transportation, Engineering Services, and Mechanical) have a reportable health event, at work or off work, the employee must:
- Stay off work (not report to work or mark up for duty) until Health and Medical Services has completed a Fitness-for-Duty evaluation for the reportable health event and has provided the employee's supervisor with notification that the employee is fit for duty and able to return to work.
- Notify his/her Supervisor that he/she has had a reportable health event that requires Health and Medical Services to complete a Fitness-for-Duty evaluation prior to employee returning to his/her job.
- Notify Health and Medical Services that he/she has had a reportable health event that requires a Fitness-for-Duty evaluation prior to employee returning to his/her job.
Family Medical Leave Act (FMLA): See the Family Medical Leave Act (FMLA) policy for FMLA associated absences also processed by Health and Medical Services.
| Issued | 3/1/2011 |
| Latest | 2/1/2014 |
| Reviewed | 2/1/2014 |