EAP Counselor [Transportation] Law and Legal Definition

According to 49 CFR 240.7 [Title 49 – Transportation; Subtitle B -- Other Regulations Relating To Transportation; Chapter Ii -- Federal Railroad Administration, Department Of Transportation; Part 240 -- Qualification And Certification Of Locomotive Engineers; Subpart A – General], EAP Counselor means “a person qualified by experience, education, or training to counsel people affected by substance abuse problems and to evaluate their progress in recovering from or controlling such problems. An EAP Counselor can be a qualified full-time salaried employee of a railroad, a qualified practitioner who contracts with the railroad on a fee-for-service or other basis, or a qualified physician designated by the railroad to perform functions in connection with alcohol or substance abuse evaluation or counseling. As used in this rule, the EAP Counselor owes a duty to the railroad to make an honest and fully informed evaluation of the condition and progress of an employee.”