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Uffl.... <br />1 A.01 a. Verify that the operator maintains and follows a written Anti -Drug Plan that conforms to Part 199 and Part 40 and that the <br />plan contains the following 1§199,101): 1) Methods and procedures for compliance with all the requirements of Part 199, Including <br />the employee assistance program; 2) The name and address of each laboratory that analyzes the specimens collected for drug <br />testing; 3) The name and address of the operators Medical Review Officer; and Substance Abuse Professional; and Procedures for <br />notifying employees of the coverage and provisions of the plan. <br />2 H.01.e. Verify that the operator maintains and follows a written Alcohol Misuse Plan that conforms to Part 199 and Part 40 and that <br />the plan contains methods and procedures for compliance with required testing, recordkeeping, reporting, education and training <br />elements 1§199.202). <br />3 A.02.a. Verify that "stand -down' is prohibited before the MRO has completed the drug test verification process or that an approved <br />waiver Is granted per the requirements of [§40.21] and [§199.7]. <br />4 H.02,e. Verify that the educational materials made available to covered employees includes detailed discussion of at least the <br />following 1§199.239(b)]: t)The identity of the person designated by the operator to answer covered employee questions about the <br />materials; 2) The categories of employees who are subject to the provisions of this subpart; 3) Sufficient information about the <br />covered fiunot ons performed by those employees to make clear what period of the worts day the covered employee is required to be <br />In compliance with this subpart; 4)Rpecific Information concerning covered employee conduct that Is prohibited by this subpart; 5) <br />The circumstances under which a covered employee will be tested for alcohol under this subpart„ 6,) The procedures that will be <br />used to test for the presence of alcohol„ protect the covered employee and the integrity of the breath testing process, safeguard the <br />validity of the test results, and ensure that those results are attributed to the correct employee; 7) The requirement that a covered <br />employee submit to alcohol tests administered In accordance with this subpart; 8) An explanation of what constitutes a refusal to <br />submit to an alcohol test and the attendant consequences; 9) The consequences for covered employees found to have violated the <br />prohibitions under this subpart, Including the requirement that the employee be removed Immedlately from covered functions, and <br />the procedures under §199.243-, 10) The consequences for covered employees found to have an alcohol concentration of 0.02 or <br />greater but less than 0.04 and 11) Information concerning the effects of alcohol misuse on an Individual"s health, work, and <br />personal life; signs and symptoms of an aloohol problem (the employee"s or a coworkars); and Including Intervening evaluating and <br />resolving problems associated with the misuse of alcohol Including Intervening when an alcohol problem is suspected, confrontation, <br />referral to any available E P, and/or referral to management. <br />513.01.11 Verify that a service agent is not used to fulfill the function of a DER [§40.15(d)]. <br />8 N.01 A. Verify that an employer who is using a service agent concerning whom a PIP is Issued stops using the service of the <br />service agent no Pater than 90 days attar the Department has published the decision In the Fed -eras Register or posted It on its web <br />site. The employer may apply to the ODAPC Director for an extension of 30 days If It Is demonstrated that a substitute service agent <br />cannot be found within 90 days [§40.409(b)]. <br />7 8:01,a. Verify that critical poaltions most the applicable qualifications of Part 40 and 199; 1) Medical Review Officer (MRO), <br />040.121 and §199.109(b)); 2) Substance Abuse Professionals (SAP), (§.40.81) 3); 3) Urine Specimen Collectors (§40.33). <br />81.01 a, Verify that Alcohol Misuse Prevention Program positions meet the applicable qualification requirements of Part 40 and Part <br />199 as foli+rrwa: I )Screening Test Technician (§40.213); 2) Breath Alcohol Technician (§40.213'); and, 3) Substance Abuse <br />Professional (SAP) (§40.281). <br />9 A.01.d. Verify that DOT tests are completely separate from non -DOT tests in all respects [§40.13] <br />10 Hi.01.d. Verify that the Alcohol Misuse Prevention Program ensures that the DOT tests are completely separate from non -DOT <br />tersts In all respects [§40,13]. <br />11 A.01,b. Verify that the Plan identifies covered employees (as defined In §199.3), required to be tested for drugs, are Identified <br />[§1'99.1). <br />12 H.01.b. Verify that the Alcohol Misuse Prevention Program Identifies the covered employees (as defined in §199.3) that are <br />required to be tested for the presence of alcohol [§199.11. <br />13 CAI.a. Verify drug tasting information [§40.25(b)) is requested from previous DOT -regulated employers for any employee <br />seeking to begirt covered functions for the first time (i.e., a new hire or an employee transfer)1§40.25(a)]. Covered employee must <br />not perform their functions after 30 days from the date on which the employee first performed satety-sensttive functions, unless a <br />good faith effort to obtain the information has been made and documented. <br />14 "f.01.a. Verify that alcohol testing Information (§40.25(b)) is requested from previous DOT -regulated employers for any employee <br />seeking to begin covered functions for the first time (i.e., a now hire or an employee transfer) [§40.25(a)]. In addition, verify that a <br />covered employee must not perform their functions after 30 days'from the date on which the employee first performed safety - <br />sensitive functions, unless you have obtained or made and documented a good faith effort to obtain alcohol testing information from <br />previous DOT -regulated employers. <br />15 H.02.s. Verify that the Alcohol Misuse Plan ensures that a covered employee is not permitted to perform covered functions if the <br />employee has engagad In violations of §§199.215 through 199.223 (see below) or an alcohol misuse rule of another DOT agency <br />[§199.233). 1) Having an alcohol concentration of 0.04 or ,greater 1§40.23(c), §40.285 and §199,2151; 2) Using alcohol while <br />performing covered functions 1§199.217, Oni 13) using alcohol within 4 hours prior to performing covered functions, or, If am <br />employee Is called to duty to respond to an emergency, within the time period after the employee has been notified to report for duty <br />1§199.219, Pre -dirty use); 4') A covered employee, who has actual knowledge of an accident In which his or her performari of <br />J. RANCK ELECTRIC, INC. <br />PHMSA DRUG/ALCOHOL PLAN <br />NAT ZONAL COMPLIANCE' MANAGEMENT SERViCF_, INC (i. - 2010 40 <br />