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Plan: V Anti•Orug Program - 1. DOT -Required Drug Tests, Post -Accident Testing, Ift Program Elements Common to Drug
<br />and Alcohol - 5. Recordkeeping, Records and Retention Periods, Xlll. Appendix F - Post -Accident or Reasonable
<br />Cause7Suspicion Supervisor Written Record
<br />B-3c: Random Drug Testing ���- ry �� •� ���- _ �,
<br />Does the operator use a scientifically valid selection method, such as a random number table or a computer -based random number
<br />generator that is matched with the employees' Social Security numbers, payroll identification numbers, or other comparable identifying
<br />numbers? §199.105(c)(5), Does the operator's selection method ensure that each covered employee has an equal chance of being
<br />selected each time selections are made? §199.1051 Does the operator have a process to ensure it selects a sufficient number
<br />of covered employees for random drug testing during each calendar year to equal an annual rate not less than the required minimum
<br />annual percentage rate? §199.105(c)(6), Does the operator have a process to ensure that random drug tests are unannounced and
<br />that the dates for administering the tests are spread reasonably throughout the calendar year? §199.105(c)(7), Note: Do not confuse
<br />random selection dates with lest dates. For example, an operator may select once each quarter (i.e. 4 days a year) but the drug tests
<br />themselves must be reasonable spread throughout the calendar year.
<br />Plan: V. Anti -Drug Program- 1, DOT•Required Drug Tests, Random Drug Testing
<br />Bad: Reasonable Cause Drug Testing •-- �� �,-, - • •�� •�-� �, �n__. _ ��
<br />Does the operator have a process to ensure that DOT drug tests are performed when there is reasonable cause to believe the
<br />employee is using a prohibited drug? §199.105(d), Does the operator have a process to ensure the operator's decision to test is based
<br />on a reasonable and articulable belief that the employee is using a prohibited drug based on specific, contemporaneous physical,
<br />behavioral, or performance indicators of probable drug use. §199.1061 Does the operator have a process to ensure at least two of
<br />the employee's supervisors, one of whom is trained in detection of the possible symptoms of drug use, shall substantiate and concur
<br />in the decision to lest an employee. The concurrence between the two supervisors may be by telephone. §199.105(d), Note: In the
<br />case of operators with 50 or fewer employees subject to testing, only one supervisor of the employee trained in detecting possible
<br />drug use symptoms shall substantiate the decision to test. §199.105(d), Does the operator have a process to ensure service agents
<br />do not make decisions to drug lest an employee based upon reasonable cause? While a service agent may provide advice and
<br />information, these are duties the operator cannot delegate to a C/TPA. §40.355(g). (See §40.355(h) for exceptions.)
<br />Plan: V. Anti -Drug Program - 1. DOT -Required Drug Tests, Reasonable 'Suspicion/Cause Testing, ill. Policy and
<br />Responsibilities, 4. Use of Service Agents, Service Agent Limitations (iJ.
<br />B-3e: Return -to -Duty �,a ,. _�.....-.,-,,,r � „r,.,�.,.� x , .� w, a....,,•..�. ...- .,-..._.- .�..z... .,.-,..,,
<br />Drug Testing
<br />Does the operator have a process to ensure that a covered employee who refuses to take a drug test, or has a positive drug test,
<br />does not return to duty in any covered function until the covered employee completes a SAP evaluation, referral, and
<br />education/treatment process? §199.105(e) &part 40, Subpart O, Does the operator have a process to ensure that a covered employee
<br />who refuses to take or has a positive drug test does not return to duty in any covered function until the covered employee successfully
<br />completes a return -to -duty drug test? §40.21 §40.289(b), §40.305(a) and §199.105(e), Does the operator have a process to
<br />ensure that all return -to -duty drug testing is performed under direct observation? §40.67(b)
<br />Plan: V Anti•Drug Program - 1. DOT -Required Drug Tests, Return -to -Duty Testing, 2, Drug Tests That Require Direct
<br />Observation Procedures, Compliance,
<br />B-3f: Follow -Up Drug Testing ��� --���- -� - • • ���-�
<br />Does the operator have a process to ensure that a SAP establishes a follow-up testing plan for a covered employee who refused to
<br />take a drug test, or had a positive drug test, before allowing the covered employee to return to duty? §40.307, §40.309 and §199.11
<br />Does the operator have a process to ensure that follow-up testing is performed on an unannounced basis, at a frequency established
<br />by the SAP, for a period of not more than 60 months and that at least six tests must be conducted within the first 12 months following
<br />the covered employee's return to duty? §40.307, §40.309 and §199.105(f), Does the operator have a process to ensure that all follow-
<br />up drug testing is performed under direct observation? §40.67(b)
<br />Plan: V Anti -Drug Program - 1. DOT•Required Drug Tests, Follow-up Testing, 2. Drug Tests That Require Direct Observation
<br />Procedures, Compliance.
<br />Does the laboratory report drug test results directly, and only, to the MRO at his or her place of business? Lab test results must not
<br />be reported to or through the DER or a service agent such as a C/TPA. §40.97(b), Does the laboratory Transmit an aggregate statistical
<br />summary, by operator, of the drug lest data listed in Part 40, Appendix B to the operator on asemi-annual basis?
<br />Plan: V. Anti -Drug Program - 5. Drug Testing Laboratory, Laboratory, 6, Laboratory Retention Periods and Reports, Semi -
<br />Annual Reports, ill. Policy and Responsibilities, Use of Service Agents, Service Agent Limitations (b)(c)
<br />B-5: MRO Review of Drug Testing Results
<br />Does the operator have a process to ensure its MRO provides quality assurance reviews of the drug testing process, including ensuring
<br />the review of the Custody and Control Form (CCF) on all specimen collections for the purposes of determining whether there is a
<br />problem that may cause a test to be canceled? §199.109 and §40.123(b), Does the operator have a process to ensure its MRO
<br />performs the review functions required by §40.127 for negative drug test results received from a laboratory, prior to verifying the result
<br />and reporting it to the operator's Designated Employer Representative (DER)? §199.109 and §40.163, Does the operator have a
<br />process to ensure its MRO performs the review functions required by §40.129 for confirmed positive, adulterated, substituted, or
<br />invalid drug test results received from a laboratory, prior to verifying the result and reporting it to the DER? §199.109 and §40.163,
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<br />TJ NATIONAL COMPLIANCE MANAGEMP IT SERVICE, INC. (NCMS( 2011 (update 2021). The NCMS plants
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