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3. Compliance <br />Plan Development. The Plan meets the requirements of Part 199, paragraphs §199.101 and §199.202, <br />respectively, to develop a written anti -drug and a written alcohol misuse prevention plan. The Plan describes the <br />methods and procedures for compliance with the drug and alcohol program requirements of the DOT, including the <br />employee assistance program. The Plan covers the operational, day-to-day requirements that are found in Part <br />199, and the procedural, testing requirements that are found in Part 40. The Plan provides appendices for the <br />name and address of each laboratory that analyzes specimens for the Company, the Company's Medical Review <br />Officer, and Substance Abuse Professionals. The Plan communicates to employees, Company officials, and DOT <br />officials the path that the Company will follow in order to comply with the requirements for a successful DOT drug <br />and alcohol program. <br />Plan Availability. The Plan will be posted in a common place, selected by the Company, for employee review and <br />feedback. A copy of the Plan will be made available to all covered safety -sensitive employees. Any covered safety - <br />sensitive employee desiring a copy of Part 40 and/or Part 199 must contact the Designated Employer <br />Representative (see Appendix B), The Plan provides a basic description of the rules and testing requirements, <br />and shows how the Company implements and follows them. The Plan is not meant as a substitute for the detail <br />provided in either rule. If there is any difference in instruction or interpretation between the Plan and the rules, the <br />rules prevail. The Plan will be updated at any time its language, or the intent of its language, differs from that of <br />either Part 40 or Part 199. Employees are encouraged to obtain and read Part 40 and Part 199 on their own. <br />4. "DOT" vs. "PHMSA" <br />All DOT testing procedures will follow Part 40 requirements. All DOT procedural responsibilities for pipeline <br />operators and contractors will follow Part 199. In the Plan, the term"DOT" will be used for reference to general <br />requirements (e.g., testing procedures) placed on all transportation employers, including operators and contractors. <br />The use of the term "PHMSA" will be to distinguish specific, unique administration requirements versus general, <br />DOT requirements (e.g., random alcohol testing is not authorized by,PHMSA). <br />5. DOT Procedures <br />The company will assure that the procedures of Part 40 are followed for drug and alcohol testing conducted <br />under the requirements and authority of Part 199; a violation of Part 40 is a violation of Part 199. If the Company <br />employs a Consortium/Third-Party Administrator (C/TPA) to assist in program development, implementation, and <br />management, the C/TPA will, likewise, follow all the requirements of Part 40 and Part 199. It is the Company's goal <br />to establish and maintain compliance with the DOT drug and alcohol program. <br />6. Stand -down Waiver <br />DOT "stand -down" is not in effect for this Company. The Company does not hold astand-down waiver under Part <br />40, and has not applied for one. Should this status change, the Company will notify all covered safety -sensitive <br />employees and Company officials, in accordance with Part 40 requirements. <br />7. Preemption of State and Local Laws <br />Part 40 and Part 199 are Federal laws. Federal law preempts any state or local law, rule, regulation or order to the <br />extent that: (a) compliance with both the state or local requirement and Part 40 or 199 is not possible; or (b) <br />compliance with the state or local requirement is an obstacle to the accomplishment and execution of any <br />requirement of Part 40 or 199; or (c) the state or local requirement is a pipeline safety standard applicable to <br />nterstate pipeline facilities. This provision does not preempt provisions of state criminal law that impose sanctions <br />for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply <br />specifically to transportation employees or employers or to the general public. <br />Premium Concrete Services, Inc.-PHMSA DRUG/ALCOHOL PLAN <br />C`-i NAiIONFL COMPLIANCE MANAGEMENT SERVICE, INC. (NGMS) 2011 (update 2021). The NCMS plan is <br />,he subject o(a registered wpyrlghl ontl is p,olecletl by copyright la,vs in Iho U.S. and else,vh©ro. NI riyhis <br />eservQd <br />