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Plan: V. Anti -Drug Program — 1. DOT -Required Drug Tests, Post -Accident Testing, Vll, Program Elements Common to Drug and Alcohol — 5. Recordkeeping, Records and Retention Periods, Xlll. Appendix F — Post -Accident or Reasonable Cause/Suspicion Supervisor Written Record B-3c: Random Drua Testino Does the operator use a scientifically valid selection method, such as a random number table or a computer -based random number generator that is matched with the employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers? §199.105(c)(5), Does the operator's selection method ensure that each covered employee has an equal chance of being selected each time selections are made? §199.105(c)(5), Does the operator have a process to ensure it selects a sufficient number of covered employees for random drug testing during each calendar year to equal an annual rate not less than the required minimum annual percentage rate? §199.105(c)(6), Does the operator have a process to ensure that random drug tests are unannounced and that the dates for administering the tests are spread reasonably throughout the calendar year? §199.105(c)(7), Note: Do not confuse random selection dates with test dales. For example, an operator may select once each quarter (i.e. 4 days a year) but the drug tests themselves must be reasonable spread throughout the calendar year. Plan: V Anfi-Drug Program — 1. DOT -Required Drug Tests, Random Drug Testing B-3d: Reasonable Cause Drug Testing Does the operator have a process to ensure that DOT drug tests are performed when there is reasonable cause to believe the 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 on a reasonable and articulable belief that the employee is using a prohibited drug based on specific, contemporaneous physical, behavioral, or performance indicators of probable drug use. §199A05(d), Does the operator have a process to ensure at least two of the employee's supervisors, one of whom is trained in detection of the possible symptoms of drug use, shall substantiate and concur in the decision to test an employee. The concurrence between the two supervisors may be by telephone. §199.105(d), Note: In the case of operators with 50 or fewer employees subject to testing, only one supervisor of the employee trained in detecting possible drug use symptoms shall substantiate the decision to test. §199.105(d), Does the operator have a process to ensure service agents do not make decisions to drug test an employee based upon reasonable cause? While a service agent may provide advice and information, these are duties the operator cannot delegate to a C/TPA. §40.355(g). (See §40.355(h) for exceptions.) Plan: V. Anti•Orug Program — 1. DOT -Required Drug Tests, Reasonable Suspicion/Cause Testing, Ill. Policy and Responsibilities, 4. Use of Service Agenfs, Service Agent Limitations (t). 8-3e: Return -to -Duty Drug Testino Does the operator have a ro ocess to ensure that a covered employee who refuses to take a drug test, or has a positive drug test, does not return to duty in any covered function until the covered employee completes a SAP evaluation, referral, and education/treatment process? §199.105(e) & Part 40, Subpart O, Does the operator have a process to ensure that a covered employee who refuses to lake or has a positive drug test does not return to duty in any covered function until the covered employee successfully completes a return-to,duly drug test? §40.285(a), §40.289(b), §40.305(a) and §199.105(e), Does the operator have a process to ensure that all return -to -duty drug testing is performed under direct observation? §40.67(b) Plan: V. Anti -Drug Program — 1. DOT -Required Drug Tests, Return•to-Duty Testing, 2. Drug Tests That Require Direct Observation Procedures, Compliance. B-3f: Follow -Up Drug Testmg.._,�...-..��,.... Does the operator have a process to ensure that a SAP establishes a follow-up testing plan for a covered employee who refused to take a drug test, or had a positive drug test, before allowing the covered employee to return to duty? §40.307, §40.309 and §199.105(f), Does the operator have a process to ensure that follow-up testing is performed on an unannounced basis, at a frequency established 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 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- up drug testing is performed under direct observation? §40.67(b) Plan: VAnti-Drug Program— 1. DOT -Required Drug Tests, Follow-up Testing, 2. Drug Tests That Require Direct Observation Procedures, Compliance. B-4: Laboratory Drug Test Result Reports Does_1..,.-_..v..-. .1.111 �- - �ry - � ry - ry-•�- 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 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 summary, by operator, of the drug test data listed in Part 40, Appendix B to the operator on a semi-annual basis? Plan: VAnti-Drug Program — 5. Drug Testing Laboratory, Laboratory, 6. Laboratory Retention Periods and Reports, Semi - Annual Reports, Ill. Policy and Responsibilities, Use of Service Agents, Service Agent Limitations (b)(c) B-5: MRO Review of Drug Testing Results Does the operator have a process to ensure its MRO provides quality assurance reviews of the drug testing process, including ensuring the review of the Custody and Control Form (CCF) on all specimen collections for the purposes of determining whether there is a problem that may cause a lest to be canceled? §199.109 and §40.123(b), Does the operator have a process to ensure its MRO performs the review functions required by §40.127 for negative drug lest results received from a laboratory, prior to verifying the result aEd reporting it to the operator's Designated Employer Representative (DER)? §199,109 and §40.163, Does the operator have a process to ensure its MRO performs the review functions required by §40.129 for confirmed positive, adulterated, substituted, or invalid drug test results received from a laboratory, prior to verifying the result and reporting it to the DER? §199.109 and §40.163, Premium Concrete Services, Inc.- PHMSA DRUG/ALCOHOL PLAN U NA rIONAI. COW, CHANCE MANAGEMENT SERVICE, INC lNCMSJ 2011 (update 2021) . The nCMS plan Is the subject of a reglsteretl copyrigttt and Is proleGatl by copyright laws in the U.S. and elsewhere All fights eserved 45