(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