Article 47
Physical Examinations
(Memorandum of Agreement March 1, 1980)

1.  Examinations

(a) Employees may be required to report for physical examinations to a physician of the Company's choosing upon being given written notice to do so by a proper official.  Examinations as a matter of routine will not be held more often than once a year; this shall not, however, prevent special examinations at more frequent intervals if, in the judgment of Management, such examinations are necessary, nor shall it prevent periodic examinations at more frequent intervals if required by the physician.

(b) In connection with such examinations the following shall apply:

(i) Employees required to take physical examination shall do so within twenty (20) days and may select a time during their layoff period if they so desire.

(ii) The examination shall be privately conducted and no one but medical personnel will be in attendance.

2.  Disqualification

(a) If an employee is disqualified, the Chief Surgeon will promptly so notify the employee, in writing, setting forth both the medical diagnosis of the employee's condition and the Company's minimum medical standard which that condition does not meet.

(b) Should a disqualification be accepted as valid and later the employee's health improves and such improvement is verified in writing by a competent physician, the employee or the General Chairman may request and will be granted, another examination by the designated Company physician.  The Company shall have ten (10) days from the receipt of medical verification of such improvement, to either reaffirm the disqualification or return the employee to service.  If the employee is found to be qualified and is not notified within ten (10) from the receipt of medical verification, he will be paid for all time lost after the tenth day until he is notified that he may return to service.

3.  Neutral Physicians

(a) If the employee takes exception to such disqualification, the employee of the local Chairman will promptly notify the General Chairman, providing a written report from a physician of the employee's choice stating medical findings which demonstrate that employee does meet the Company's minimum medical standards.  The General Chairman will then bring the case to the attention of the Director of Labor Relations within twenty (20) days of the notice of disqualification, presenting a written report from the employee's physician stating the contrary medical findings.  If the case is not brought to the attention of the Director of Labor Relations within (20) twenty days, the disqualification shall be considered valid.  (See Section 2(b) for subsequent possible handling).  The General Chairman and the Director of Labor Relations may agree to extend the time limit if circumstances beyond the control of the parties prevent this time limit from being met.

NOTE:  These time limits will also apply in the event a dispute arises under 2(b).

(b) Upon receipt of the contrary medical findings, the Director of Labor Relations and the General Chairman shall each select a doctor to represent them on a three-doctor board, each notifying the other of the name and address of the doctor selected.  The two doctors thus selected shall confer and appoint a third doctor.  The third doctor selected for the board shall be the neutral doctor, and where necessary shall be a specialist in the disease or injury from which the employee is alleged to be suffering.  If possible, a neutral will be selected whose office is located near the employee's point of employment.

(c) The neutral doctor thus selected will examine the employee.  The doctors representing the employee and the Company will provide the neutral doctor with copies of the results of the relevant examinations by the employee's physician and the Company's physician.  In addition, they may make any oral or written representations that they deem relevant to the proper determination of the case, provided they furnish a copy to the other party.  After completion of the examination, the neutral shall make a report, furnishing one copy to the Director of Labor Relations and one copy to the General Chairman.  The neutral doctor's report will set forth his medical findings and his conclusion as to whether the employee meets the Company's medical standards.  Such conclusion shall be accepted as final and binding.

(d) In the event the decision of the neutral doctor is that the employee does meet the applicable standards to continue in his regular occupation, the neutral shall render additional final and binding opinions as follows:

Whether the Company was justified in holding the employee out of service for the medical reason presented to the neutral doctor.

If found that the Company was justified in holding the employee out of service, the date the neutral determines to be earliest date that the employee did meet the applicable standards.

(e) Should the neutral's decision be favorable to the employee, lost time will be handled by the General Chairman and the Director of Labor Relations in accordance with the following:

A filed dispute for medical disqualification automatically includes a claim for all time lost as a result of such disqualification, whether so stated or not.

The employee will be paid for lost time from the date at which the neutral doctor rules he did meet the applicable standards until the date at which the employee is notified he may return to service.

(f) Should the neutral doctor fail to comply with sections (c) and (d) above, his report and findings will be considered invalid. In this event, the Director of Labor Relations and the General Chairman shall request the Board of Medical Review to again convene and appoint a third doctor who will comply with this agreement.

(g) The fee of the neutral doctor and any expense incurred in connection with his examination of the employee shall be paid equally by the Company and the Organization.  The Company and the employee shall each defray the expenses of their respective appointees.

4. Improvement in Condition

If the neutral doctor upholds the disqualification and later the employee's health improves, the employee or the General Chairman may invoke the provisions of Section 2(b) above.

5. As a result of the July 26, 1978 BLE National Agreement, a committee consisting of two partisan members representing the Carriers and two partisan members representing the Brotherhood of Locomotive Engineers, was established to continue study and formulation of a uniform Physical Examination Rule.  This Agreement does not preclude the parties from adopting any agreements formulated by the committee, if the parties so agree.

6. Field Test

If an engineer fails to pass the proper examination for color vision by a Company physician he may request and will be granted a fair and practical field test which shall include the following:

(a) The judging of all of the various color signals used on the road and in the terminal for night and day runs. It also should include bridge and wayside signals.  The distance from the signals shall not be less than two thousand (2,000) feet for fixed signals and six hundred (600) feet for hand signals.

(b) The test should be made:

(i) on a cloudless day between 10 a.m. and 2 p.m.; and

(ii) after dusk and before dawn (not a bright moonlit night).

7. If an engineer fails to pass the proper examination for eyesight by a Company physician he may request and will be granted a fair and practical field test which will include those elements of visual ability that an engineer must have to perform proper service.

8. If an engineer fails to pass the proper examination for hearing by a Company physician he may request and will be granted a fair and practical field test which will include those elements of hearing ability that an engineer must have to perform proper service.

9. (a) The result of such field tests shall not be determined by the tester but will be forwarded to the chief surgeon who shall make the final decision for the Company.

(b) The engineer taking the field test may be accompanied by his duly accredited representative.

(c) If an engineer is advised that he did not pass the vision or hearing field test he may take exception to the disqualification as provided in Article 26(F) (2) (c).

(d) When taking color or eyesight test the engineer will be permitted to wear the glasses he normally wears when on duty.

This page last updated: 03/06/2005