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93 G.01.s. Verify that an EAP Is provided for its employees and supervisory personnel who will determine whether an employes
<br />must be drug tested teased on reasonable cause. Each EAP must include education and training on drug use (see Prot000ls G.01.b.
<br />and G.01.c.) [§199. 1 13(a)].
<br />94 G.01.o, Verify that training under the EAP for supervisory penaonnol who will determine whether an employee must be drug
<br />tested based on reasonable cause must Include one 60-minute period of training on Iha specific, contemporaneous physical,
<br />behavioral, and performance indicators of probable drug use [§199.113(c)].
<br />96 L01.b. Verify that supervisors designated to determine whether reasonable suspicion axis% to require a covered employee to
<br />undergo alcohol testing under §199.225(b) receive at least 60 minutes of training on the physical„ behavioral, speech,, and
<br />performance Indicators of probable stoohol misuse, [§199.241]>
<br />96 A.01.c. If an employer contracts drug testing, education and training, [§199,116]. there is a process In place and implemented to
<br />ensure compliance with Part 199 and Part 40. The contractor must allow access to property and records by the operator, the
<br />Administrator, and if the operator is subject to the jurisdiction of a state agency, a representative of the state agency for the purpose
<br />of monitoring the operator's compliance [§199.115(b)].
<br />97 H.01.c. If an employer contracts alcohol testing, education and training [§199.245], there is a process in place and implemented
<br />to ensure compliance with Part 199 and Part 40. The contractor must allow access to property and records by the operator, the
<br />Administrator, any DOT agency with regulatory authority over the operator or covered employee, and, if the operator is subject to the
<br />jurisdiction of a state agency, a representative of the state agency for the purposes of monitoring the operator's compliance with the
<br />requirements of Part 199 and Part 40 [§199.245(c)].
<br />98 1..01.a. Verify that the following records are retained as required by Part 40 and Part 199 and that the records are maintained in a
<br />secure location with controlled access [§40.333(c) and §199.227(a)]. 5 years: Records of alcohol test results indicating an alcohol
<br />concentration of 0.02 or greater [§40.333(a)(1) and §199.227(b)(1)]; Documentation of refusals to take required alcohol tests
<br />1§40.333(a)(1) and §199.227(b)(f)]; SAP reports [§40.333(a)(1) and §199.227(b)(1)]; All follow-up tests and schedules for follow-up
<br />tests [§40.333(a)(1)]; MIS annual report data [§199.227(b)(1)]; and, Calibration Documentation [§199.227(b)(1)]. 3 years: Intonation
<br />obtained from previous employers under §40.25 concerning alcohol test results of employees [§40.333(a)(2)]. 2 years: Records of
<br />the inspection, maintenance, and calibration of EBTs [§40.333(aX3)].
<br />90 M.02.a. Verify that upon written request from an employee, records of drug and alcohol use, testing results, and rehabilitation are
<br />provided to the employee [§199.117(b) and §199.231(b)].
<br />100 F.01.s. Verify that records are retained as required by Part 40 and Part 199 and that the records are maintained in a location
<br />with controlled access [§40.333(c)]
<br />101 U.01jL Verify If this operator has more than 50 covered employees and submits an annual MIS report in accordance with the
<br />form and instruction requirements of §40.26 and Appendix H to Part 40, not later than March 15 of each year for the prior calendar
<br />year (January 1 through December 31) [§40.26, §199.119(a) and §199.229(a)). Beginning with the March 15, 2010 MIS submission
<br />date, also verify if this operator identifies all contractors who performed covered functions, as defined under § 199.3, for this
<br />operator in a given calendar year; and, If required by either mandated annual or PHMSA written request, is or has submitted an MIS
<br />report for each of these contractors?
<br />102 M.01.b. Verify If this operator has 50 or lass covered employees and has either a compilation of data or statistical information
<br />regarding drug and alcohol testing which, upon written request, could have been used to submit a MIS report in accordance with the
<br />form and instruction requirements of §40.26 and Appendix H to Part 40, not later than March 15 of each year for the prior calendar
<br />year (January 1 through December 31) [§40.26, §199.119(s) and §199.229(a)]. Beginning with the March 15, 2010 MIS submission
<br />date, verify that this operator Identifies all contractors who performed covered functions, as defined under § 199.3, for this operator
<br />and received a compilation of data or statistical Information from these contractors which, upon written request, could be used for
<br />submitting an MIS report for each of these contractors.
<br />103 M.01.c. If a service agent (e.g., ConsortiumIThird Party Administrator) prepares the MIS report on behalf of an operator, verify
<br />that each report is certified by the operator's anti -drug manager/alcohol misuse prevention manager or designated representative for
<br />accuracy and completeness [§199.119(f) and §199.229(d)].
<br />J. RANCK ELECTRIC, INC.
<br />PHMSA DRUGIALCOHOL PLAN
<br />NATIONAL COMPLIANCE MANAGEMENT SERVICE, INC. (NC'tJ!5) -- 2010 45
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