Opening of Bids - WWTP Electrical Improvements Proj No 117-132 - J. Ranck Electric Inc

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those state agencies under which jurisdiction the Company operates. The operator will also submit contractor Management Information System (MIS) reports to PHMSA by March 15�h each year. The contractor will cooperate with the operator, or the operator's designee, if additional information is requested to further verify compliance of the regulations. S. Recordkeeping9 "100 Compliance. The Company will ensure that all records required by the DOT are maintained. The Company is not required to keep records related to a program requirement that does not apply to Part 40 or 199. The Company or its C/TPA will maintain the records in a locked file system and will be accessed only on a strict "need to know" basis. The Company or its C/TPA will not release an employee's drug and alcohol records to third parties without the employee's specific written consent. A"third party" is any person or organization to whom Parts 40 or 199 do not explicitly authorize or require the transmission of information in the course of the drug and alcohol testing process. "Specific written consent" means a statement signed by the employee that he or she agrees to the release of a particular piece of information to a particular, explicitly identified, person or organization at a particular time. The Company or its C/TPA will release the employee's information without consent to DOT, PHMSA, or other government agency having regulatory authority over the Company or employee without consent. The Company or its C/TPA will release the employee's information without consent as a part of an accident investigation by the National Transportation Safety Board. The Company or its C/TPA will release the employee's information without consent in. certain legal proceedings. These proceedings include a lawsuit, grievance, administrative proceeding (e.g., an unemployment compensation hearing brought by or on behalf of an employee resulting from a positive drug or alcohol test or refusal to test), a criminal or civil action resulting from an employee's performance of safety -sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information sought is relevant to the case and issues an order directing the Company to produce the information. In such a proceeding the information will be released to the decision maker in the proceeding with a binding stipulation that the decision maker to whom it is released will make it available only to parties to the proceeding. After releasing the information, the Company or its C/TPA will notify the employee. If the Company uses a C/TPA to maintain the records, the Company will ensure that the C/TPA can produce these records at the Company's principal place of business in the time required by the DOT agency for an inspection. The records will be provided within two business days after receipt of the request. Most records will be stored electronically, where permitted by Part 40 and 199, The Company will ensure that the records are easily accessible, legible„ and formatted and stored in an organized manner. If electronic records do not meet these criteria for the DOT inspector, the Company will convert them to printed documentation in a rapid and readily auditable manner, at the request of DOT agency personnel. Records and Retention Periods. The Company or its C/TPA will maintain the following records for the noted time periods, as a minimum: a) Records kept for five years: (1) Records of alcohol test results indicating an alcohol concentration of 0.02 or greater, (2) Records of the inspection, maintenance, and calibration of EBTs; (3) Records of verified positive drug test results; (4) Documentation of refusals to take required alcohol and/or drug tests (including substituted or adulterated drug test results); (5) SAP reports; (6) Follow-up tests and schedules for follow-up tests; and, (7) Statistical data related to the Company's testing program, entitled "Management Information System," will be available to a representative of DOT, PHMSA, or a state agency having regulatory authority over the Company upon request. J. RANCK ELECTRIC, INC. PHMSA DRUG/ALCOHOL PLAN NATIONAL COMPI IANCE MANAGEMENT SERVICE, INC. (NCMS) - 2010 33