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someone who has transferred to a position involving the performance of covered functions)? §199.209(b)(1), Does the operator have
<br />a process to ensure it treats all covered employees the same with regards to pre -employment alcohol testing (i.e. must not test some
<br />covered employees and not others)? §199.209(b)(2), Does the operator have a process to ensure it conducts the pre -employment
<br />test only after making a contingent offer of employment or transfer, subject to the employee passing the pre -employment alcohol test?
<br />§199.209(b)(3)
<br />Plan: Vl. Alcohol Misuse Prevention Program — 1. DOT -Required Alcohol Tests, Pre -Employment Testing,
<br />C-9b Post -Accident Alcohol Testing
<br />Does the operator have a process to ensure it completes a DOT post -accident alcohol test as soon as practicable following an accident
<br />of each surviving covered employee whose performance of a covered function either contributed to the accident or cannot be
<br />completely discounted as a contributing factor to the accident? §199.225(a)(1), If the operator did not administer a DOT alcohol test
<br />within 2 hours following an accident, does the operator have a process to ensure it prepares and maintains on file a record stating the
<br />reasons the test was not promptly administered? §199.225(a)(2)(i), If the operator does not administer a DOT alcohol test within 8
<br />hours following an accident, does the operator have a process to ensure it ceases attempts to administer the test and prepares and
<br />maintains on file a record stating the reasons the test was not administered? §199.225(a)(2)(i), If the operator decides not to conduct
<br />a post -accident alcohol test of a covered employee, does the operator have a process to ensure it makes that decision based on
<br />specific information that the covered employee's performance had no role in the cause(s) or severity of the accident? §199.225(a)(1),
<br />If the operator decided not to conduct a post -accident alcohol test of a covered employees, does the operator have a process to
<br />ensure it documents the decision and keeps that record for at least 3 years? §199.227(b)(4)
<br />Plan: VI. Alcohol Misuse Prevention Program— 1. DOT -Required Alcohol Tests, Post -Accident Testing, Vll. Program Elements
<br />Common to Drug and Alcohol — 5. Recordkeeping, Records and Retention Periods, XIII. Appendix F — Post•Accident or
<br />Reasonable Cause/Suspicion Supervisor Written Record
<br />C-9c: Reasonable Suspicion Alcohol Testing
<br />Does the operator have a process to ensure that DOT alcohol tests are performed when there is reasonable suspicion to believe the
<br />employee has violated the alcohol use prohibitions in Part 199, Subpart C? §199.225(b), Does the operator have a process to ensure
<br />the operator's determination that reasonable suspicion exists is based on specific, contemporaneous, articulable observations
<br />concerning the appearance, behavior, speech, or body odors of the employee and that the observations must be made during, just
<br />preceding, or just after the period of the work day the employee is required to be in compliance with Part 199, Subpart C?
<br />§199.225(b)(2)&(3), Does the operator have a process to ensure that a covered employee is directed by the operator to undergo
<br />reasonable suspicion testing for alcohol only while the employee is .performing covered functions; just before the employee is to
<br />perform covered functions; orjust after the employee has ceased performing covered functions? §199.225(b)(3), If the operator does
<br />not administer a DOT alcohol testwithin 2 hours following the determination of reasonable suspicion, does the operator have a process
<br />to ensure that it prepares and maintains on file a record staling the reason the test was not promptly administered? §199.225(b)(4)(i),
<br />If the operator does not administer a DOT alcohol test within 8 hours following the determination of reasonable suspicion, does the
<br />operator have a process to ensure that if ceases attempts to administer the lest and prepares and maintains on file a record stating
<br />the reasons the test was not administered? §199.225(b)(4)(i), Regardless of whether or not a reasonable suspicion alcohol test is
<br />conducted, verity the operator does not permit a covered employee to report for duty or remain on duty performing covered functions
<br />while the employee is under the influence of, or impaired by alcohol, as shown by the behavioral, speech, or performance indicators
<br />of alcohol misuse. §199.225(b)(4)(iii), Regardless of whether or not a reasonable suspicion alcohol test is conducted, verily the
<br />operator does not permit a covered employee to perform or continue to perform a covered function while the employee is under the
<br />influence of, or impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse until: An alcohol
<br />test is administered and the employee's alcohol concentration measures less than 0.02. §199.225(b)(4)(iii)(A) OR The start of the
<br />employee's next regularly scheduled duty period, but not less than 8 hours following the determination that there is reasonable
<br />suspicion to believe the employee has violated the alcohol misuse prohibitions in Part 199, Subpart C. §199.225(b)(4)(iii)(3), Does
<br />the operator have a process to ensure it does not take any action under Part 199, Subpart C, against a covered employee based
<br />solely on the employee's behavior and appearance in the absence of an alcohol test? §199.225(b)(4)(iv), Note: This does not prohibit
<br />an operator from taking any action under its own authority and otherwise consistent with the law.
<br />Plan: VI, Alcohol Misuse Prevention Program — 1. DOT•Required Alcohol Tests, Reasonable Suspicion/Cause Testing, IV,
<br />DOT Program Requirements — 6. DOT Alcohol Violations and Prohibited Conduct, 7. Violation Consequences and Company
<br />Actions, XIV. Appendix G — Reasonable Cause/Suspicion Supervisor Written Record
<br />C 9d: Return -to -Duty Process and Alcohol Testing
<br />Does the operator have a process to ensure that a covered employee who engages in conduct prohibited by §199.215 through
<br />§199.223 may not return to duty to perform a covered function until the employee has complied with the SAP's evaluation, referral,
<br />and education/treatment process? §40.285(a), §40.305(a), Does the operator have a process to ensure that a covered employee who
<br />engages in conduct prohibited by §199.215 through §199.223 does not return to duty to perform a covered function until the employee
<br />undergoes a return -to -duty alcohol lest with a result indicating an alcohol concentration of less than 0.02? §40.305(a), §199.225(c),
<br />§199.243(c), Does the operator have a process to ensure that all return -to -duty testing is performed under direct observation?
<br />§40.67(b).
<br />Plan: VI. Alcohol Misuse Prevention Program-1. DOT -Required Alcohol Tests, Return -to -Duty Testing, V, Anti•Drug Program
<br />2, Drug Tests That Require Direct Observation Procedures, All alcohol testing is direct observed.
<br />C-9e: Follow -Up Process & Alcohol Testing
<br />Does the operator have a process to ensure the SAP has established a written follow-up testing plan after the SAP determined that
<br />the employee successfully complied with the SAP's return -to -duty recommendations for education and/or treatment and that a copy
<br />Premium Concrete Services, Inc.- PHMSA DRUG/ALCOHOL PLAN
<br />ff) NATIOtJAL COMPLIANCE MANAGEMENT SERVICE, INC. (NCNIS) 2011 (update 2021). The NCMS plan is
<br />Iho subjact of a rogistered copyright and is protected by copyright lays In the U.S. and alsowhore. All rights
<br />reserved
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