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advise the DER that the test could not be completed. The DER will make all reasonable efforts to <br />ensure that the test is conducted at another testing site as soon as possible. If the Company or its <br />service agent administering the testing process becomes aware of a correctable flaw that has not <br />been corrected, all practicable action will be taken to correct the problem so that the test is not <br />cancelled. If the problem resulted from the omission of required information, the person responsible <br />for providing the information must supply in writing the missing information and a signed statement <br />that it is true and accurate. <br />If the problem is the use of a non -DOT form, the technician must, as the person responsible for the <br />use of the incorrect form, certify in writing that the Incorrect form contains all the Information needed <br />for a valid DOT alcohol test. The technician must also provide a signed statement that the incorrect <br />form was used Inadvertently or as the only means of conducting a test, in circumstances beyond the <br />technician's control, and the steps the technician leas taken to prevent future use of non -DOT forms <br />for DOT tests. The technician must supply this information on the same business day on which the <br />collector was notified of the problem, transmitting it by fax, e-mail or courier. If the technician cannot <br />correct the problem, the technician must cancel the test. <br />1. Substance Abuse Professional <br />Compliance. The Company will fditow the requirements of Part 40 for Its Substance Abuse <br />Professional (SAP) obligations. A full description of the SAP requirements Is in Part 40, Subpart O <br />("Substance Abuse Professionals and the Return -to -Duty Process ).. <br />Quaiiflcati+ons.99 The Company will refer employees only to SAP's who have the credentials, basic <br />knowledge, and qualification training, including fulfilling obligations for continuing education courses, <br />for DOT violations. The SAP will not be an advocate for the Company or the employee. The SAP's <br />function is to protect the public interest in safety by professionally evaluating the employee and <br />recommending appropriate education/treatment, follow-up tests, and aftercare. <br />SAP Referral.90 The Company will provide to each employee who violates a DOT drug and alcohol <br />regulation a listing of SAP's readily available to the employee and acceptable to the Company. The <br />list will include SAP names, addresses, and telephone numbers. There will not be a charge to the <br />employee for compiling or providing this list. The Company may use its C/TPA or other service agent <br />to provide this information. Any covered employee who has violated DOT drug and alcohol <br />regulations cannot again perform any DOT safety -sensitive duties for this Company until and unless <br />the employee successfully completes the SAP evaluation, referral, and education/treatment process. <br />Payment. The Company is not required to pay for a SAP evaluation or any subsequent <br />recommended education or treatment for an employee who has violated a DOT drug and alcohol <br />regulation. <br />Company,! Regspy�ryonsibilit�yy, . The Company ipsp only safety -sensitive <br />DOT to ensurethatIftheemployee is <br />prided an opportunity to return to a DOT safety-sel f itiMe duty.. following a violation, that the <br />Company ensure that the employee receives an evaluation by a. SAP meeting the requirements of <br />Part 40 and that the employee successfully complies with the SAP's evaluation recommendations <br />before returning to the safety -sensitive job. Even if a SAP believes that the employee is ready to <br />return to safety -sensitive work, the Company is under no obligation to return the employee to work. <br />Under the DOT regulations, hiring and reinstatement decisions are left to the employer. The DOT <br />leaves all payment issues for SAP evaluations and services to the Company and the employee to <br />resolve. <br />SAP Process . The SAP will make a face-to-face clinical assessment and evaluation to determine <br />what assistance is needed by the employee to resolve problems associated with alcohol and/or drug <br />use. The SAP will refer the employee to an appropriate education and/or treatment program. At the <br />completion of the education and/or treatment, the SAP will conduct a face-to-face follow-up <br />evaluation to determine If the employee actively participated in the education and/or treatment <br />program and demonstrated successful compliance with the initial assessment and evaluation <br />recommendations. Reports will be provided to the Company on both the initial requirements and the <br />outcome of the follow-up evaluation. The report will be specific and will Include all of the Part 40 <br />requirements of a written SAP report, The SAP will provide the DER with a written follow-up drug <br />and/or alcohol testing plan for the employee and, if deemed necessary, will also provide the <br />J. RANCK ELECTRIC, INC. <br />PHMSA DRUG/ALCOHOL PLAN <br />NATIONAL COMPLIANCE MANAGEMENT SERVICE, INC. INCMS) - 2010 31 <br />