UPRR hiring discrimination? mental health

Hello I am currently going through the hiring process with UPRR for train crew. They are pretty nice people. I have made it through background, PAT, and everything in medical except medications. I was honest and put on my medical info that I take a Benzo class drug for anxiety once a day (even though it is prescribed three times daily). They are making me stop taking it in order to pass medical. Okay no big deal I stopped taking it and had my doctor send in a note saying my prescription has been cancelled and I do not need to be on it.

Now my question is even after I have stopped taking the medicine the nurse says I do not get the green light yet until the UPRR physician determines if I will be safe to work on the railroad after going over my medical records of the past year (relating to my anxiety!). So what will he come up with? Yes you have anxiety and thus are not safe to work on the railroad? My personal doctor knows that I don't get anxiety when I work outside doing physical labor. Just the job I have now is INDOORS with all women so yes I do get anxiety and was on medication but that is the whole reason I am switching jobs!! I mean I don't have a single flaw in anything else in the hiring process, perfect health, in shape, young and don't do drugs.

I think it would be discrimination if they threw away my application over this, especially if he is just a physician and doesn't know my history. I am not taking the prescription anymore so can they really say no over your past ?

It is not discriminatory if the drug may affect your alertness, or that your mental condition may be detrimental. It is good that you put it in your application because a drug test might have shown it in your system, and then you would be disqualified as a drug abuser. If your doctor, and the company doctor can see that you are OK and no longer need the drug, things should come out alright.

In such a safety critical job, even if someone ages to the point of no longer being physically able, he gets the boot. The safety aspect trumps any possible discrimination.

The UPRR is NOT discriminating. The FRA is NOT discriminating. The DOT is NOT discriminating. In a SAFETY sensitive environment such as those who are "covered employees" there are several drugs (including alcohol) which adversely affects an individual and has the potential for severe consequences. The FRA and the DOT (as well as the FAA and FMCSA) that provide a list of drugs which shall not be used on or off-duty. The risks are too high.

The fact of the matter is myself and others all know someone on the rails who has been a part of a Rule G (drug or alcohol use on the job) situation. The railroad is an unforgiving environment. Just as you would not want a pilot to command an aircraft who is using a BZD so it is on the railroads no matter what the craft is. If you think you need meds now for anxiety what are you going to do when crew calls you after only having had 4 hours of sleep at 1:00 a.m. to work in the yard in the rain or snow with a train pulling away from you on one track and your crew shoving a cut of cars in the other direction along with your lantern, switch list, safety glasses and jacket hood up ove your head? Are you going to be anxious having to walk your train at 4:00 a.m. in a "bad" part of town or determine if the end of train device is functioning correctly by walking to the rear of the train in waist deep snow? Will you be anxious if you have to sit and wait for the relief crew while on the head end of the train 15 hours into your shift in the middle of nowhere with no food or coffee? How about not being able to plan a trip to the Dentist next week because you are on-call and have no idea if you will be in town?

It's not a glamorous job. It's a lifestyle that has specific requirements and expectations. That is why we are paid handsomely and provided with decent benefits. Not everyone can handle this career.

Here is some light reading for you in regards to the drug/alcohol rules that the railroads have to abide by:

http://www.ecfr.gov/cgi-bin/text-idx?rg ... 4.1.1.1.14" onclick="window.open(this.href);return false;

http://www.dot.gov/sites/dot.dev/files/ ... Part40.pdf" onclick="window.open(this.href);return false;

http://www.bletkchub.org/resc/drug%20and%20alchohol.pdf" onclick="window.open(this.href);return false;

And its not discriminatory considering that the Line of Road, in particular, is VERY stressful not only on the individual, but on one's family and social life as well! While trying to be a gentle as possible, railroading is NOT a "game" for joy and amusement. it is a rough, gritty, 24/7 lifestyle that takes a huge toll! It is also VERY dangerous and one can be KILLED or maimed for life with a moment's inattention! Therefore, ANY condition that *could* be a detriment to the company's operations, the safety of the employee and OTHER employees who work with you must be considered. Often they will err on the side of caution when it comes to hiring.

We tend to think only of "ME" and what *I* want these days without regard to the end result of our various conditions. I do, however, wish you the best of luck.

Gadfly

Best you can do is give the medical department the info they need to make a determination. That's all you can do at this point. I have to agree with all the others comments. It's not discrimination under the ADA. It's not like other occupations with safety it's heavily regulated by the federal government. One is the taking of drugs even perscription.

That's right COEN.

Under the ADA an employer only has to provide a "reasonable accommodation" which would not create and "undue hardship" for the employer to accommodate the needs of the "qualified individual".

That said a qualified individual as defined by the ADA could not demand nor expect a railroad to accommodate a person in a wheelchair given that he would like to be a conductor or engineer. The costs would be prohibitive in order to perform the functions of either craft while he was confined to a wheelchair (this is a bit ambigious but you get the picture). The railroad(s) is not going to build a concrete path along both side of the tracks with ramps/lifts from coast to coast.

Sounds like you're pretty stressed out over something that hasn't even happened yet!

RearOfSignal wrote:Sounds like you're pretty stressed out over something that hasn't even happened yet!

I got the green light starting training soon this should be exciting, I love learning new skills, rules and jobs in general. Thanks for the advice.

Well I hadn't even thought of this one. I take a low once daily dose of Citalopram, an antidepressant, but its used off-label for migraine aura. I have no issues with migraine aura on the drug and I really have no issues what so ever with anxiety or depression. I have zero cognitive side effects and have been on it for something like 10 years. Any idea if this would effect my application or hiring process? Its a SSRI type drug like prozac or zoloft.

trek23 wrote:

I got the green light starting training soon this should be exciting, I love learning new skills, rules and jobs in general. Thanks for the advice.

That's good news. It was best to be honest and clear the air with the railroad. Most of those drugs won't show up on a FRA random drug test. sclhub posted links for the drugs that they screen.

13ronin wrote:Well I hadn't even thought of this one. I take a low once daily dose of Citalopram, an antidepressant, but its used off-label for migraine aura. I have no issues with migraine aura on the drug and I really have no issues what so ever with anxiety or depression. I have zero cognitive side effects and have been on it for something like 10 years. Any idea if this would effect my application or hiring process? Its a SSRI type drug like prozac or zoloft.

I do not know about SSRI. I do know the Benzo group like Xanax avitan lorazapam you cannot take because they dull your impairment and focus. I have never taken a SSRI for depression. I do not know how they affect you.

I would like to about my hiring process in reguard to having a mental illness. In the medical questionnaire, you have to be completely honest and I was about having bipolar disorder. They required me to have my psychiatrist to send in medical notes about my care. Of course I was extremely nervous because I have tried to get hired on with Union Pacific for six years and this is my dream job. I thought for sure that I was going to be disqualified. Now, when I went to the QME for my medical exam, that was the first time that I became hopeful. He stated that he had no problem clearing me for work with his recommendation. Now I was in medical review for two weeks but I was cleared to start. I believe that as long as you have been stable, do not have massive depression, and rarely ever use a medication like Xanax or Ativan you will be fine. They have to make sure whoever works for them especially in train crew isn't going to go flying off the wagon. Tons of equipment can and will kill. Have faith and do not lie on your medical questionnaire. It isn't worth it.