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employee is under the influence of or impaired by alcohol, as shown by the <br />behavioral, speech, or performance indicators of alcohol misuse, nor shall the <br />employee be permitted to perform or continue to perform covered functions as <br />follows: <br />a. No employee tested under the provisions of subpart C of 49 CFR Part 382 <br />who is found to have an alcohol concentration of 0.02 or greater but less <br />than 0.04 shall perform or continue to perform safety -sensitive functions <br />for Trisco Systems, Inc.. <br />b. No such employee shall perform a safety -sensitive function until the start <br />of the next regularly scheduled duty period, but not less than 24 hours <br />following administration of the test. <br />6. Except as provided above, Trisco Systems, Inc. shall not take any action under 49 <br />CFR Part 382 against a covered employee based solely on test results showing an <br />alcohol concentration less than 0.04. However, this does not prohibit Trisco <br />Systems, Inc. from taking any disciplinary action otherwise consistent with local <br />and/or state laws. <br />Return to Duty Testing <br />1. Trisco Systems, Inc. shall ensure that before an employee returns to duty to <br />perform covered functions after engaging in prohibited conduct, that employee <br />shall undergo a return to duty alcohol test with a result indicating an alcohol <br />concentration of less than 0.02. Trisco Systems, Inc. shall not permit an employee <br />who refuses to submit to an alcohol test to perform or continue to perform <br />covered functions. <br />2. If the substance abuse professional makes a determination that some form of <br />evaluation and/or treatment is required, then the employee must comply with the <br />recommended provisions in order to be considered eligible to return to duty. <br />Follow Up Testing <br />I. Following the determination that a covered employee is in need of assistance in <br />resolving problems associated with alcohol misuse, the employee will be subject <br />to announced follow up alcohol testing as directed by a substance abuse <br />professional. An employee who returns to duty shall be subject to a reasonable <br />program of follow up alcohol testing, with prior notice, for up to 60 months after <br />their return to duty. <br />2. The employee shall be subject to at least 6 unannounced alcohol follow up tests <br />during the first (24) months following their return to duty. The substance abuse <br />professional may terminate the requirement for follow up testing at any time after <br />the initial 6 tests have been completed, if the substance abuse professional makes <br />the determination that such testing is no longer warranted. Testing shall be <br />conducted just before the employee is to perform; while an employee is <br />performing; or just after the employee has ceased performing a covered function. <br />41 <br />