Opening of Bids - Momentum TIF Project - Site Work Rebid Proj No 124-018R - Premium Concrete Services

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The Company or its C/TPA will release the employee's information without consent to DOT, PHMSA, or other government agency having regulatory authority over the Company or employee without consent. The Company or Is C/TPA will release the employee's information without consent as a part of an accident investigation by the National Transportation Safety Board. The Company or its C/TPA will release the employee's information without consent in certain legal proceedings. These proceedings include a lawsuit, grievance, administrative proceeding (e.g., an unemployment compensation hearing brought by or on behalf of an employee resulting from a positive drug or alcohol test or refusal to test), a criminal or civil action resulting from an employee's performance of covered safety -sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information sought is relevant to the case and issues an order directing the Company to produce the information. In such a proceeding the information will be released to the decision maker in the proceeding with a binding stipulation that the decision maker to whom it is released will make it available only to parties to the proceeding. After releasing the information, the Company or its C/TPA will notify the employee. If the Company uses a C/TPA to maintain the records, the Company will ensure that the C/TPA can produce these records at the Company's principal place of business in the time required by the DOT agency for an nspection. The records will be provided within two business days after receipt of the request. Most records will be stored electronically, where permitted by Part 40 and 199. The Company will ensure that the records are easily accessible, legible, and formatted and stored in an organized manner. If electronic records do not meet these criteria for the DOT inspector, the Company will convert them to printed documentation in a rapid and readily auditable manner, at the request of DOT agency personnel. Records and Retention Periods. The Company or its C/TPA will maintain the .following records for the noted time periods, as a minimum: a) Records kept for five years: (1) Records of alcohol test results indicating an'alcohol 'concentration of 0.02 orgreater; (2) Records of the inspection, maintenance, and calibration of EBTs; (3) Records of verified positive drug test results; (4) Documentation of refusals to take required alcohol and/or drug tests (including substituted or adulterated drug test results); (5) SAP reports; (6) Follow-up tests and schedules for follow-up tests; and, (7) Statistical data related to the Company's testing program, entitled "Management Information System," will be available to a representative of DOT, PHMSA, or a state agency having regulatory authority over the Company upon request. b) Records kept for three years: (1) Records of information obtained from previous employers under Part 40 concerning drug and alcohol test results of employees; (2) Records that demonstrate the drug -testing collection process; and, (3) Records related to "signs and symptoms' alcohol and drug training for supervisors; (4) Records related to employee education and training; (5) Records of decisions not to administer post -accident covered employee alcohol and drug tests. c) Records kept for two years: (1) Records related to the alcohol collection process (i.e., calibration documentation for evidential breath testing devices, documentation of breath alcohol technician training, documents generated in connection with decisions to administer reasonable suspicion alcohol tests, documents generated in connection with decisions on post -accident tests, and documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing); and, d) Records kept for one year: (1) Negative and cancelled drug test results. (2) Alcohol results less than 0.02. Premium Concrete Services, Inc.-PHMSA DRUG/ALCOHOL PLAN 36 C) NATIONAL GOMGLIANCE MANAGEMENT SERVICE, INC. (NCMS) 20� 1 (uptla�o �02� ). iho MCMS plan is the s,ibjeG of a reglstere<� copyrlghi and Is pro�oc�ed by coFlYd9F.t le,vs In the U S. and elee,vhere All nylits res..ived.