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9- responsible for providing answers to employee questions regarding the testing program, <br />and Information on the resources available for drug and alcohol counseling. <br />h. responsible for overseeing the employee assistance program (EAP). <br />Supervisor. A Company Individual(s) responsible for observing the performance and behavior of <br />employees that is suggestive enough to lead to reasonable suspicion/cause drug and/or alcohol <br />testing. Supervisors who will determine whether an employee must be drug tested and/or alcohol <br />tested based on reasonable suspicion/cause will be trained in the "signs and symptoms" of each <br />substance. The supervisor is required to document a reasonable suspicion/cause event. The <br />supervisor may also be responsible for requests as the second supervisor for substantiation and <br />concurrence for reasonable suspicion/cause drug test, if applicable. <br />3. Responsibility of Covered Employees" <br />Compliance. Each covered employee must comply with the requirements of the Plan, and the DOT <br />drug and alcohol rules it pertains to, in order to remain eligible to work in a DOT safety -sensitive <br />position. Each covered employee has the responsibility to read, be knowledgeable of, and comply <br />with, the requirements of the Plan, and Parts 40 and 199. Committing a DOT violation will result in the <br />employee's immediate removal from the covered function, and remain so until successfully <br />completing the DOT retum-to-duty conditions of Part 40, The Plan describes circumstances for being <br />tested, violations, prohibited conduct, and their subsequent consequences. The Plan describes what <br />is available to each covered employee as services (e.g., EAP) in such cases where the employee <br />has a potential problem with drugs or alcohol prior to a drug or alcohol test. It is a condition of <br />4. Use of Service Agents 6 <br />Compliance. The Company will contract with service agents to accomplish many of the requirements <br />of Parts 40 and 199. Appendix B (Designated Personnel and Service Agents) provides the names <br />and addresses of service agents that are under contract. Contracts will contain a provision that the <br />service agent will comply with Parts 40 and 199 in the services provided. The work of any service <br />agent providing services to the Company will be open to inspection by the Company. The service, <br />agent must allow access to property and records by the operator, the Administrator, and if the <br />operator is subject to the Jurisdiction of a state agency, a representative of the state agency for the <br />purpose of monitoring the operator"s compliance with the requirements of Part 199. No service agent <br />will serve as DER for this Company. <br />Public Interest Exclusion. The Company will not use a service agent against whom a Public Interest <br />Exclusion (PIE), has been Issued. The Company will stop using the services of a service agent no <br />later than 90 days after the DOT has published the decision in the Federal Register or posted it on its <br />wets site that a PIE has been issued. The Company may apply to the ODAPC Director for an <br />extension of 30 days if it Is demonstrated that a substitute service agent cannot be found within 90 <br />days. <br />Consortium/Third Party Administrator. The Company may employ the service of a <br />Consortium/Third Party Administrator (C/TPA) to assist the DER with overall program management <br />and consultation on any program issue. While the C/TPA will not serve as the DER, the C/TPA may <br />support the DER by explaining the regulations and offering guidance on program -compliance issues. <br />5. Critical Service Agent Positions' a <br />Compliance. The Company recognizes the significance of critical service agent positions within the <br />DOT drug and alcohol program. The Company understands the importance of each service agent <br />meeting their initial qualifications, as applicable, and then maintaining compliance throughout the <br />conduct of their program functions, all in accordance with Part 40 and Part 199 requirements. The <br />Company will ensure that the following critical positions meet DOT rule requirements: <br />a) Medical Review Officer (MRO) (§40.121 and §199. 1 09(b)); <br />J. RANCK ELECTRIC, INC. <br />PHMSA DRUG/ALCOHOL PLAN <br />NA ?ZONAL COMPL IANCE MANAGEMENT SERVICE, INC (NCh9S) - 2010 13 <br />