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I. INTRODUCTION <br />1. Development of "Combined" Plan <br />The Pipeline and Hazardous Materials Safety Administration (PHMSA) is the agency within the Department of <br />Transportation (DOT) that regulates operators in the natural gas and hazardous liquid pipeline industry. <br />PHMSA's Drug and Alcohol Testing Regulation, 49 CFR Part 199' requires each operator to develop, maintain, <br />and follow an Anti -Drug and an Alcohol Misuse Prevention Plan. Historically, companies have produced these <br />plans as two separate documents. This "combined" Anti- Drug and Alcohol Misuse Prevention plan, merges both <br />PHMSA-required plans into a single document. <br />Authorization for a combined plan was granted by PHMSA's Office of Pipeline Safety stating: "PHMSA will allow the <br />combining of the two plans into one written plan, as long as all requirements of each regulation are met." The <br />"requirements of each regulation" means the requirements of Part 199 and the requirements of DOT's "Procedures <br />for Transportation Workplace Drug and Alcohol Testing," 49 CFR Part 402 . <br />The Anti -Drug and Alcohol Misuse Prevention Plan henceforth referred to as the "Plan," meets the requirements <br />of Part 199 and Part 40. <br />2. Approach <br />The Plan will use the generic word "Company" in reference to the. operator or contractor, as applicable, for which <br />t is written. PHMSA's requirement for plan development and implementation applies equally to each operator and <br />contractor that performs covered safety -sensitive operations, maintenance, or emergency- response functions <br />on a pipeline or LNG facility within the natural gas and hazardous pipeline industry. The Plan will describe how the <br />Company will comply with government requirements. <br />The Plan will identify "Company -additional" requirements - those that go beyond the minimum requirements of <br />DOT. Company -additional requirements will be underscored. Therefore, consider anything that is not underscored <br />a requirement of DOT or a process put in place by the Company to meet a DOT requirement. Appendix D <br />outlines the Company disciplinary actions and additional procedures. <br />The Plan is written in "plain language" and follows the requirements of each rule. However, the Plan does not <br />repeat the language of either Part 40 or Part 199. Doing so would require the Company to produce a new plan <br />every time DOT or PHMSA issued`a change to their respective rule. The goal of DOT is to know that the company <br />understands the requirements of the rules and how the Company will go about achieving compliance. The Plan <br />makes use of existing DOT language in places where summaries are used to explain a more detailed process <br />(e.g., specimen collection and alcohol test procedures are extracted from DOT's "Employee Guide")3 <br />Appendix E. of the Plan includes references to the PHMSA Inspection Protocol Forms4 for the purposes of <br />assisting inspectors with specific areas of Plan compliance. <br />a Title 49 Code of Federal Regulations (CFR), Part 199, "Drug and Alcohol Testing Requirements," Pipeline and Hazardous Materials <br />Safety Administration, Department of Transportatiop. <br />2 Title 49, Code of Federal Regulations (CFR), Part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs," <br />Office of the Secretary, Department of Transportation. <br />3 "What Employees Need To Know About DOT Drug & Alcohol Testing" ODAPC, DOT. <br />Premium Concrete Services, Inc.-PHMSA DRUG/ALCOHOL PLAN <br />J IVATIOMAL GOMPLIANGE MANAGEMENT SERVICE. INC. (NCMS) 2m 1 (uptlala 2021). The NCMS plan is <br />Ilse subject of a fegi5tered copyright and is �,roLeGed by nopyrighl laws In ltre U 5. antl eise,rhere All fights <br />9served <br />