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Program 

Letter

United States Railroad 

Retirement Board

Office of Programs

Office of Programs

Quality Reporting Service Center

 Phone: (312) 751-4992

 Fax: (312) 751-7190

e-mail: qrsc@rrb.gov

Letter No. 02-02 Date: October 26, 2001

TO: Employer Medical Departments

SUBJECT: Guidelines Used by the Railroad Retirement Board for Approving Benefits

 for Alcohol and Drug/Substance Abuse Cases

Please share this information with the appropriate members of your staff who file service 

and compensation reporting forms for employees of your organization.

Background The Railroad Unemployment Insurance Act (RUIA) authorizes the Railroad 

Retirement Board (RRB) to pay unemployment or sickness benefits to 

employees who are not working due to alcoholism and drug or substance 

abuse. The type of RUIA benefits that are payable depends on what form of 

treatment the employee is receiving, if any.

The purpose of this circular letter is to explain what guidelines are used by 

the RRB when adjudicating claims for unemployment or sickness benefits 

where the reason not working is alcoholism or drug/substance abuse.

Federal 

Regulations

The Federal Railroad Administration (FRA), United States Department of 

Transportation, has issued regulations for the purpose of controlling alcohol 

and drug use by employees who are subject to the Hours of Service Act. In 

general, the regulations apply to employees engaged in the operation of 

trains.

The regulations authorize employers to require breath or urine samples for 

testing under conditions constituting "reasonable cause" and to make postaccident testing and employee assistance programs mandatory.
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Failed Drug 

Test or Rule 

Violations

An employee who tests positive for drugs and who is removed from service 

as a result is not necessarily eligible for sickness benefits. Drug test results 

cannot by themselves serve as the basis for paying or denying benefits. A 

careful review of the medical evidence or other facts of the case will be 

required. Employees who are not eligible for sickness benefits may be 

entitled to unemployment benefits.

Although the FRA's regulations require employees who are subject to the 

Hours of Service Act to be deemed "medically disqualified" from work for 

a period of time based on a failed drug test, that does not mean the employee 

is qualified for sickness benefits under the RUIA.

Acceptable 

Proof of 

Sickness

Acceptable proof of inability to work due to sickness caused by alcoholism 

or drug abuse may be furnished by the treating physician or psychologist, or 

by a hospital, clinic or other institution for medical treatment, or by the 

employer's medical department or chief surgeon. Employee assistance 

counselors and substance abuse professionals are acceptable if they are 

certified by the National Association of Alcohol and Drug Abuse Counselors 

(NAADAC) or the Certified Employee Assistance Professionals (CEAP).

Sickness benefits are payable based on an employee's "inability to work". A 

diagnosis of alcohol or substance abuse does not by itself demonstrate a 

persons inability to work. To be eligible for sickness benefits, an employee 

must be treated for his/her condition or be in a treatment program. This does 

not include an educational program, only.

A claimant's claim to a day as a "day of sickness" must be supported by 

substantial medical evidence. Otherwise, he or she may be considered as 

"able to work," and no sickness benefits may be paid.

Eligibility for 

Unemployment 

Benefits

If, for instance, an employer holds an employee out of service because the 

employee did not pass a urine test administered at the direction of the 

employer and if the employee is not otherwise undergoing medical treatment 

for an underlying illness, the employee should be considered to be able to 

work. Under these circumstances the employee may be eligible for 

unemployment benefits.

Rule G 

Violations

Employees who are suspended or discharged for a Rule G violation are 

usually able to work and may be paid unemployment benefits if they are 

available for work. If they are actively seeking reinstatement, they are 

considered available for work under the RUIA. If they are not seeking 

reinstatement, they must be actively seeking new employment to draw 

unemployment benefits.
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Employee 

Assistance 

Program (EAP) 

Participation

If an employee has been removed from service because of alcohol or drug 

addiction and agrees to participate in the railroad's EAP program rather than 

contest the removal action under collective bargaining procedures, the 

employee may be considered available for work and eligible for 

unemployment benefits.

If the addiction is so severe as to be disabling, the employee may be paid 

sickness benefits upon filing an acceptable application and statement of 

sickness.

Questions If you have any questions or need additional information about this circular 

letter, please contact the Sickness and Unemployment Section Chief at (312) 

751-4708. 

This circular letter is also available on our Web site at http://www.rrb.gov.