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Designated Employer Representative (DER). Appendix B contains the name, address, and phone number of <br />the DER(s). The DER is: <br />a. the key employee for the Company's drug and alcohol program functions, and has the knowledge <br />and authority to make decisions about the testing process and answer questions about it. <br />b, not a service agent, <br />c, one or more employees of the Company assigned to ensure adequate coverage on all shifts and at <br />all locations. <br />d. responsible for the preparation of the Plan, as well as providing oversight and evaluation on the Plan. <br />e, responsible to review all adverse personnel action or discipline applied under the Plan for consistency <br />and conformance to human resources policies and procedures. <br />f, responsible for scheduling random, return -to -duty and follow-up testing, as applicable, and is authorized <br />to receive and maintain, in a secure file system, all drug and alcohol testing results. <br />g, responsible for providing answers to employee questions regarding the testing program, and <br />information on the resources available for drug and alcohol counseling. <br />h, responsible for overseeing the employee assistance program (EAP). <br />Supervisor. A Company individuals) responsible for observing the performance and behavior of employees that <br />s suggestive enough to lead to reasonable suspicion/cause drug and/or alcohol testing. Supervisors who will <br />determine whether an employee must be drug tested and/or alcohol tested based on reasonablesuspicion/cause <br />will be trained in the "signs and symptoms" of each substance. The supervisor is required to document a <br />reasonable suspicion/cause event. The supervisor may also be responsible for requests as the second supervisor <br />for substantiation and concurrence for reasonable suspicion/cause drug test, if applicable. <br />3. Responsibilities of Covered Employees <br />Compliance. Each covered safety -sensitive employee must comply with the requirements of the Plan, and the <br />DOT drug and alcohol rules it pertains to; in order to remain 'eligible to work in a DOT covered safety - <br />sensitive position. Each covered safety -sensitive employee has the responsibility to read, be knowledgeable of, <br />and comply with, the requirements of the Plan, and Parts 40 and 199. Committing a DOT violation will result <br />n the employees' immediate removal from the covered function, and remain so until successfully completing the <br />DOT return -to -duty conditions of Part 40, The Plan describes circumstances for being tested, violations, <br />prohibited conduct and their subsequent consequences. The Plan describes what is available to each covered <br />safety -sensitive employee as services (e.g., EAP) in such cases where the employee has a potential problem <br />with drugs or alcohol prior to a drug or alcohol test. It is a condition of employment for all covered safety - <br />4. Use of Service Agents <br />Compliance. The Company will contract with service agents to accomplish many of the requirements of Parts 40 <br />and 199. Appendix B (Designated Personnel and Service Agents) provides the names and addresses of service <br />agents that are under contract. Service agents, including C/TPA's, will comply with Parts 40 and 199 in the <br />services provided. The work of any service agent providing services to the Company will be open to inspection <br />by the Company. The service agent must allow access to property and records by the operator, the Administrator, <br />and if the operator is subject to the jurisdiction of a state agency, a representative of the state agency for the purpose <br />of monitoring the operator's compliance with the requirements of Part 199. No service agent will serve as DER <br />for this Company. <br />Public Interest Exclusion. The Company will not use a service agent <br />against <br />whom <br />a Public Interest Exclusion <br />(PIE) has been issued. The Company will stop using the services of a <br />service <br />agent <br />no later than 90 days after <br />the DOT has published the decision in the Federal Register or posted it <br />on its web site <br />that a PIE has been issued. <br />The Company may apply to the ODAPC Director for an extension of 30 <br />days if it <br />is demonstrated <br />that a substitute <br />service agent cannot be found within 90 days. <br />Premium Concrete Services, Inc.- PHMSA DRUG/ALCOHOL PLAN 13 <br /><1 NATIONAL (:OMPLIANGE MA�IAGEME�I'f SERVICE, I�IC. (�ICMS) 20� 1 (uptlale 2021) The �ICMS plan is <br />the sub�ecl of a registeretl coi�yrlg�l and is pmleclad by wpyngh� lav,s in the U S. and else,vf,ere hll rights <br />fese,ved <br />