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Implementation for Small Supervisors with 50 or fewer employees is January 1, <br />1996. [382.115] <br />Background <br />The catalyst for the alcohol misuse plan is Title 49 Code of Federal Regulations <br />(CFR) Part 382, Subpart C, which requires FHWA employers to test their <br />employees for misuse of alcohol under the following work related conditions: <br />A. Random <br />B. Post Accident <br />C. Reasonable Suspicion <br />D. Return to Duty <br />E. Follow Up <br />2. Title 49 CFR Part 40 specifies procedures which must be followed by the <br />Company when conducting alcohol misuse testing pursuant to regulations issued <br />by agencies of the Department of Transportation. <br />Preemption Provisions <br />1. Except as provided in paragraph 2 of this section, Part 382 Subpart C preempts <br />any state or local law, rule, regulation, or order to the extent that: <br />a. Compliance with both the state or local requirement and this regulation is <br />not possible; <br />b. Compliance with the state or local requirement is an obstacle to the <br />accomplishment and execution of any requirement as set forth in 49 CFR <br />Part 382; or <br />2. This provision shall not be construed to preempt provisions of state criminal law <br />that impose sanctions for reckless conduct leading to actual loss of life, injury, or <br />damage to property, whether the provisions apply specifically to employees, <br />employers or to the general public. <br />Trisco Systems, Inc. Responsibilities <br />1. Alcohol Program Manager (APM): Appendix A contains the name, address and <br />telephone number of the responsible individual(s). The APM or other Company <br />designated individual(s) shall be responsible for the preparation of an alcohol <br />misuse plan which complies with requirements of the Department of <br />Transportation regulations as set forth in 49 CFR Parts 382, and 49 CFR, Part 40, <br />Subpart C. The APM shall be responsible for providing oversight and evaluation <br />on the plan; providing guidance and counseling; reviewing of all discipline <br />applied under this plan for consistency and conformance to human resources <br />policies and procedures; scheduling for types of testing (post accident, reasonable <br />suspicion, etc); maintaining a locked file system on all alcohol test results; and <br />overseeing the referral of employees for evaluation and treatment as it is defined <br />33 <br />