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57 F.02.a. Verify that the MRO reports all drug test results to the oPersllorMO-163(a) and §199.109(d)) in accordance with the
<br />requirements In §40.163,, §40.166 and §40.167. These requirements Include; Reporting all drug test results to the DER, except In
<br />the circumstances provided for in §40.345, when a CrrPA may act as an Intermediary [§40,1 65(a)); reporting the results In a
<br />confidenitarl manner[§40,167(a)] and reporting the results within the required time constraints [§40.107(b) and (Q.
<br />68 E-01 ,6. Verify that when the MRO has vedfle(J a drug test as Positive for a ftl; or drug metabolite. or as a refusal to test because
<br />of adulteration or substitution, and the MRO must notify the employee of his or her right to have the split specimen tested. The MRO
<br />must also notify the employee of the procedures for requesting a lost of the split specimen, and Inform the employee that he or she
<br />has 72 hours from the time of this notification to him or her to request a too of the spill specimen [§40,163].
<br />59 E,01.f. If additional testing Is requested by the employee, verity that the split specimen W tested. The split testing laboratory must
<br />be certified by HHS. (Note: Correction maids to Inspection language,) 1§190.11 1(b) and (c)).
<br />So J.01.b. If the operator chooses to conduct pre-emptoyment alcohol testing, verify That the operator, 1) Conducts a Pre-
<br />employment alcohol test before the first performance of covered functions by every covered employee (whether a now employee or
<br />someone who has transferred to a position Involving fibs performance of covered functions) 1§1 99209(tiXII)I; 2) Treats all covered
<br />employees the some for the purpose of preemployment alcohol tasting (I,C, You must not test some covered employees and not
<br />others) [,§199.209(b)(2)j;and, 3) Conducts the pre -employment tests after rnehing, a contingent offer of employment or transfer,
<br />sut4act to the employee passing the pre -employment alcohol test [§1 99,209(b)(3)).
<br />61 J-02-IL Verify that post -accident alcohol testing is performed* 1) As soon as practicable following an accident (§195.50) or
<br />Incident (§191.3) for each surviving covered employee If Chet employee's performance of a covered function either contributed to the
<br />accident or cannot be completely discounted as a contributing factor to the accident 1§1 99.225(a)(11)1- and, 2) Within two hours
<br />following the accident (§195,50) or incident (§191 .3). othervAse, the operator shalt prepare and maintain on file a record stating the
<br />reasons the test was not promptly administered. If a post -accident test Is not administered within eight hours following the accident,
<br />the operator shall cease attempts to administer an alcohol test and shall state In The record the reasons for not administering the test
<br />[§199226(aX2)],
<br />62 J.03.a. Verify that decisions to test are based on, specific, contemporaneous, arliculable observatims concerning the
<br />appearance, behavior, speech, of body odors of the employee. The required observations shall be made by a supervisor who is
<br />trained in detecting the symptoms of alcohol misuse 1§199,225(b)(2)],
<br />63 J. 03.b. Verify that a covered employee Is dInscled by the operator to undergo reasonable suspiclen lasting for alcohol only while
<br />the employee is performing covered functions; just before the employee Is to perform covered functions, or just after the employee
<br />has ceased performing covered functions. 1§1 99.225(b)(3)1.
<br />64 J.03.c.'Verify that if a reasonable suspicion tat is required and is not administered within 2 hours following the determination
<br />under § 199225(b)(2), the operator shall prepare and maintain on file a record stating ft reasons the test was not promptly
<br />administered, If a test Is not administered within 8 hours, the operator shalt cease attempts to administer an alcohol tee and shall
<br />state In the record the reasons for not administering the test [§199.225(b)(4)(1)].
<br />65 J.04m. Verify that a covered employee that engages In conduct prohibited by §§199,215 through 199.223 does not return to duty
<br />for a covered function until the employee. 1) Completes a SAP, evaluation, referral, and educalkinttrealment process 1§40.2"a),
<br />§40289(b), §199.235, and § 1 99. 243(b)); and, 2) After completion of the SAP process above, undergoes a return -to -duly alcohol test
<br />with a result indicating an alcohol concentration of lass then 0.02 j§40,305(a), § I 991.225(c), and § 199, 243(c)].
<br />66 J.05.s. Verify that the SAP establishes a written follow-up testing plan for a covered employee that engages in conduct prohibited
<br />by §§199.216 through 199223 and seeks to return to the performance of covered function [§40.307(a)].
<br />67 J,05-b. Verify that follow-up tasting is performed on an unannounced basis, at a frequency established by the SAP, for a period
<br />of not more than 60 months. At least six tests must be conducted within the Arst 12 months fbilcyring the covered amployee!s return
<br />to duty 1§40.307, §40„ 309, § 199 225(d) and § 1 K 243(c)(2)(II)],
<br />So K.04 .s, Verify that any Evidential Brealh Testing Device (EBT) or Alcohol Soreeni ng Device (ASO) used for DOT required alcohol
<br />lesting is approved by the National Highway Traffic Safety Administration (NHTSA) and placed on a Conforming Products List (CPQ
<br />[§40.229 and §40.231]
<br />eg K-01.b. Verify that external calibration checks are performed at the intervals specified In the manufacturer's instructions for any
<br />EBT used for DOT required alcohol confirmation testing [§40.231 and §40.2331,
<br />70 P.M.& Does the operators plan specify training for BATS and STTs that is in compliance with §40.213 and does the
<br />documentation certify that all requirements are met [§40.213(g)]
<br />J. RANCK ELECTRIC, INC.
<br />PHMSA DRUGWCOHOL PLAN
<br />:-- NATIONAL COMPLIANCIF MANAGEMENT SERVICE, INC, (NGMS) - 2010 43
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