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(6) Failing to provide a sufficient amount of urine for a drug test when directed, and it <br />has been determined, through a required medical evaluation, that there was no <br />adequate medical explanation for the failure; <br />(7) Failing or declining to take an additional drug test the Company or collector has <br />directed the employee to take; <br />(8) Failing to undergo a medical examination or evaluation, as directed by the MRO <br />as part of the verification process, or as directed by the DER; or, <br />(9) Failing to cooperate with any part of the testing process (e.g., refuse to empty <br />pockets or failure to wash hands when so directed by the collector, behave in a <br />confrontational way that disrupts the collection process, tampering with a <br />specimen). <br />(10) For an observed collection, fail to follow the observer's instructions to raise <br />clothing above the waist, lower clothing and underpants, and to turn around to <br />permit the observer to determine if there is any type of prosthetic or other device <br />that could be used to interfere with the collection process. <br />(11) Possess or wear a prosthetic or other device that could interfere with the <br />collection process. <br />(12) Admit to the collector or MRO that a specimen has been adulterated or <br />substituted. <br />6. DOT Alcohol Violations and Prohibited Conduct14 78 <br />Alcohol Violations. The following provides a listing of DOT alcohol violations prohibited of covered <br />employees: <br />a) A test result of 0.04 or higher alcohol concentration; <br />b) A refusal to be tested, determined by: <br />(1) Failing to appear for any alcohol test (except a pre -employment test) within a <br />reasonable time, as determined by the Company, after being directed to do so by <br />the Company; <br />(2) Failing to remain at the alcohol testing site until the testing process is complete; <br />(3) Failing to provide an adequate amount of saliva or breath for an alcohol test; <br />(4) Failing to provide a sufficient amount of breath for an alcohol test when directed, <br />and it has been determined, through a required medical evaluation, that there <br />was no adequate medical explanation for the failure; <br />(5) Failing to undergo a medical examination or evaluation, as directed by the DER; <br />(6) Failing to sign the certification statement on the Alcohol Testing Form; or, <br />(7) Failing to cooperate with any part of the testing process. <br />c) On -duty use of alcohol while performing covered functions. <br />d) Pre -duty use of alcohol within four (4) hours prior to performing covered functions, or if <br />the employee is called to duty to respond to an emergency, within the time period after <br />the employee has been notified to report for duty. <br />e) Use of alcohol within eight (8) hours following an accident in which the performance of <br />covered functions has not been discounted by the Company as a contributing factor to <br />the accident, unless the employee has already been given a post -accident alcohol test. <br />Alcohol Prohibited Conduct. The following is prohibited conduct of DOT covered employees: <br />a) A test result of 0.02 or greater alcohol concentration, but less than 0.04. <br />7. Violation Consequences and Company Actions1e 7 <br />After DOT Rule Violations. The Company will not allow any covered employee who has a DOT drug <br />or alcohol violation to perform safety -sensitive duties for the Company. Immediately upon learning of <br />the violation, the DER shall assure the removal of the employee from all safety -sensitive duties. That <br />employee will be ineligible to work in any DOT safety -sensitive function for the Company until the <br />employee has successfully completed the DOT return -to -duty process. The Company will refer the <br />J. RANCK ELECTRIC, INC. <br />PHMSA DRUG/ALCOHOL PLAN <br />NATIONAL COMPLIANCE MANAGEMENT SERVICE, INC. ;NCMS) --2010 16 <br />