Good afternoon all,
The attached T&E DUI Conviction – Suspension and/or Revocation of Driver’s License Notification Form is to be utilized effective immediately when informed by a T&E employee of a DUI conviction.
The form is self-explanatory and will address reporting and record keeping of Train and Engine (T&E) personnel DUI convictions. The form must be filled out by the convicted T&E employee and signed by the employee and Transportation Supervisor. The Supervisor must then email the completed form to the Rules Department Group, EAP and the Office of System Safety. A copy must be provided to the convicted employee by the Supervisor of signature on said form. The convicted employee must contact NJT EAP to schedule an evaluation.
The completed DUI Conviction Notification form will be filed in the employee’s Certification Folder at the Rules Department.
As per NJ Bill S20 (attached), which was passed and signed into law by former Governor Chris Christie in August of 2016, an Engineer whose driver’s license is suspended or revoked for driving while intoxicated or refusing to take a breathalyzer test in NJ or any other state is prohibited from operating, during the period of suspension or revocation, any New Jersey Transit Corporation locomotive or train. This NJ law applies to Engineers only. Therefore an Engineer will be OOS pursuant to NJ State Law and EAP evaluation. A Conductor will be OOS pending EAP evaluation. Neither the Conductor or Engineer are subject to decertification.
The following information is regarding the NJT Drug and Alcohol Program and is separate from DUIs.
As a reminder, DUI convictions do NOT meet criteria for decertification of T&E Certificates, unlike positive results from NJT Drug and Alcohol Tests which DO meet criteria for decertification (CFR §240.117 (e)(6) and CFR §242.117 (e)(6)). Any positive NJT D&A test result for T&E must be followed up by a Notification of Certificate Suspension letter (Samples attached) to the tested employee within 96 hours of NJT Supervision being aware of the positive test result.
In addition, as per CFR regulations §242.115 (4)(iii) and §240.119 (4)(iii): Certified Locomotive Engineers or Certified Conductors who tests positive for alcohol on a NJT FRA alcohol tests (i.e. Random tests) are ineligible to hold their certificate for a period of 9 months. This does not apply to positive drug tests, only alcohol. The 9 month suspension also applies to drug/alcohol tests “refusals”.
NJT’s Drug and Alcohol Policy 3.25B can be viewed in its entirety in NJT’s TRO-12 (Section 6).
Please feel free to contact me with questions or concerns.
Thank you,
Fred
Fred Cruz, DSLE, DSPC
System T&E Compliance Officer
1148 Newark Turnpike
Kearny, NJ 07032-4311
(973) 757-8580 • Cell
(973) 665-7577 • E-Fax
