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covered functions has not been discounted by the operator as a c ontri'txsd'ng factor to the accident, Is prohibited from using alcohol <br />for 8 hours following the accident unless he or she has been given a ,Post -accident test under §199.225(a), or the operator has <br />detenrlined that the employee"s performance could .not .have conblbuted to the accident [§1 9.221„ Use following an accident];, and, <br />5) Upon refusal of a covered employee to submit to a post -accident alcohol test required under §199„225(a), a reasonable suspicion <br />alcohol test required under §199.225(b), or a follow-up alcohol test required under §199.225(d) LW.285 and §199.223. Refusal to <br />submit to a required alcohol test]. <br />16 H.02& Verify that the Alcohol Misuse Prevention Program assures that a covered employee is prohibited from performing or <br />continuing to perform covered functions when found to have an alcohol concentration of 0.02 or greater but less than 0.04, until: The <br />employee"s alcohol concentration measures less than 0.02 in ac ardence with a last administered under §199.225(o); or The start of <br />the amployae°s next regularly scheduled duty period, but not less than 8 hours following administration of the test [§40.23(c) and <br />§199.237(o)]. <br />17 A.02.1b. Verify that a covered employee that violates DOT drug regulations is removed from performing safety -sensitive functions <br />[§40.23 and §199.7). A vadflad positive DOT drug test result or a refusal to test (including by adulterating or substituting a urine <br />specimen) constitutes a violation of DOT drug regulations 1§40,285(b) and §199.103(a)]. If a covered employee violates a DOT drug <br />regulation„ a listing of SAPS that are readily available is provided to the employee [§40„287]. <br />18 C.01.b. Verify no new personnel (new hire, contracted, or transferred employees) are used to perform covered functions unless <br />that person receives a negative drug test and or is covered by the Plan that conforms to Part 199 [§199.105(a)]. Procedures are In <br />place for direct observation when required under §§40.67(a), (b) and (4). <br />19 C.02A. Verily poet-acaldent drug testing is performed, as soon as possible but no later than 32 hours after an accident (§ 195.5a) <br />or incident (§ 191.3), for each employee whose patfomlance either contributed to the accident or cannot be completely discounted' <br />as a contributing! factor to the accident [§199.105(b)]'.. In addition, procedures are In place for direct observation when required under <br />%40,67(a), (b) and (d). <br />20 C.03,a. Verify the minimum annual percentage rate used for random drug testing of covered employees complies with <br />§199.105(c)(1) through (4). <br />21 C.03.b. Verify the selection of employees for random drug testing is based on a scientifically valid method, such as a random <br />number table or a computer -based random number generator matched with employee identification data It 99.105(c)(5)]. <br />22 C.03.c. Verify a sufficient number of covered employees will be selected for random testing during each calendar year to equal <br />an annual rate not lass then the required minimum annual percentage rate (see Protocol C.03.a.) [199.105(c)(6)]. The total number <br />of covered employees eligible for random testing throughout the year will be calculated by adding the total number of covered <br />employees eligible for testing during each random testing period for the year and dividing that total by the number of random testing <br />periods 1199.119(c)]. <br />23 C.03.41. Verify random drug tests are unannounced and that the dates for administering the tests are spread reasonably <br />throughout the calendar year [199.105(c)(7)]. <br />24 C.04,a. Verify decisions to test are reasonable and artloulable, and based on specific contemporaneous physical, behavioral or <br />performance indicators of probable drug use. At least two supervisors, one of whom is trained in detection of the symptoms of drug <br />use, substantiate and Concur in the decision to test an employee who is reasonably suspected of drug use [§199.105(d)]. <br />25 C.05,s. Verify a covered employee that violates DOT drug regulations does not return to duty for a covered function until the <br />employee: 1) Completes a SAP evaluation, referral, and education/treatment process [§40.285(a), §40.289(b), and §199.105(e)]; 2) <br />After completion of the SAP process above, successfully completes a return -to -duty drug test [§40.305(a) and §199.105(e)]; and 3) <br />All return -to -duty testing will be performed under direct observaton 1§40.67({b)). <br />26 C.06.a. Verify SAP will establish a written follow-up testing plan for a covered employee that violates DOT drug regulations and <br />seeks to return to the performance of a covered function [§40.307(a)]. All follow-up testing will be performed under direct <br />observation ]§40.67(b)]. <br />27 C.06.b. Verify follow-up testing Is performed on an unannounced basis, at a frequency establlshed by the SAP, for a period of not <br />more than 60 months. At least six tests must be conducted within the first 12 months following the covered employee's return to <br />duty. [§40.307, §40.309, and §199.105(f)]. <br />28 C.07.s. Verify procedures are in place for direct observation when required under §§40.67(a), (b) and (d). <br />29 B.01.a. Urine Specimen Collector (§40.33) meet the applicable qualification requirements of Part 40 and Part 199. <br />30 0.01.a. Does the operator ensure that, unless no other collector Is available, an immediate supervisor of an employee does not <br />serve as a collection site person [§40.31(c)]? <br />31 0.01.b. Do collectors meet the training requirements of §40.33 and is documentation available showing that currently all <br />requirements are met [§40.33(g)]? <br />32 0.01.c. Does the operator provide error correction training as required by §40.33(f) and does the braining occur within 30 days of <br />the date of notification of the error that led to the need for training? <br />33 0.02.a. Has the employer designated a collection site that meets the requirements of §40.41. <br />34 0.02.b. If the collection site uses a facility normally used for other purposes, are procedures in place to ensure before the <br />collection that: (1) access to collection materials and specimens is effectively restricted; and (2) the facility is secured against access <br />J. RANCK ELECTRIC, INC. <br />PHMSA DRUG/ALCOHOL PLAN <br />N.ATIONA!, COMI-1IANCE MANAGEMENT SERVICE, INC, (NCMS) - 2010 41 <br />