(a) Scope. In this section the term alcohol or drug
problem includes alcohol or drug use in the workplace.
(b) Employees in general. An employee, other than a
commercial driver, safety-impact employee, or vessel crewmember, will
be subject to the following provisions if the employee voluntarily
admits to an alcohol or drug problem.
  (1) The employee will be removed from driving duties
until the employee provides a completed return-to-work form.
  (2) The employee will be mandatorily referred to the
EAP and required to complete treatment.
(c) Commercial drivers, safety-impact employees, and
vessel crewmembers. An employee who is a commercial driver, safety-impact
employee, or vessel crewmember will be subject to the following provisions
if the employee voluntarily admits to an alcohol or drug problem.
  (1) The employee will be removed from critical duties
until the employee provides a completed return-to-work form. The employee
will be reassigned to temporary modified duties or will be required
to take sick leave, vacation leave, compensatory time, or leave without
pay. The employee will only be required to take leave without pay
if the employee has exhausted all accrued leave.
  (2) The employee will be mandatorily referred to the
EAP and required to complete treatment.
  (3) The employee will be subject to all the requirements
of §4.37 of this subchapter, except that the employee will not
be required to undergo follow-up testing unless the employee admitted
using alcohol or drugs while performing a critical duty.
(d) Disciplinary action. No disciplinary action will
be taken against an employee solely because the employee voluntarily
admitted having a drug or alcohol problem if the admission occurred
prior to a determination that the employee should be subjected to
testing for cause. This subsection supersedes any other provision
in this subchapter.


Source Note: The provisions of this §4.41 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective March 18, 2015, 40 TexReg 1523