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of the follow-up testing plan is presented to the DER? §40.307(a)&(b), Does the operator have a process to ensure that follow-up
<br />testing is conducted on an unannounced basis, at a frequency established by the SAP, for a period of not more than 60 months? At
<br />least six tests must be conducted within the first 12 months following the covered employee's return to duty. §40,307, §40.309,
<br />§199.225(d) and §199.243(c)(2)(ii), Does the operator have a process to ensure that follow-up testing is conducted when the covered
<br />employee is performing covered functions; just before the employee is to perform covered functions; or just after the employee has
<br />ceased performing such functions? §199.225(d)
<br />Plan: VI. Alcohol Misuse Prevention Plan - 1. DOT -Required Alcohol Tests, Follow -lip Testing, IV. DOT Program
<br />Requirements - 4. Employee Notification of Tests
<br />C-10 BAT Alcohol Test Reports to the Operate
<br />Does the BAT or STT transmit alcohol screening test results to the DER in a confidential manner for concentrations or less than 0.02
<br />using the DOT procedures described in §40.247 (refer to the code for specific requirements)? §40.247, Does the BAT immediately
<br />transmit alcohol confirmation test results directly to the DER in a confidential manner using the DOT procedures described in §40.255
<br />(refer to the code for specific requirements)? §40.247
<br />Plan: VI. Alcohol Misuse Prevention Program - 3. PHMSA Inspection Protocol for Alcohol Testing Sites, Alcohol Screening
<br />Results, Alcohol Confirmation Test
<br />Protocol Area D - Drug and Alcohol Test Reporting
<br />D. Reporting of Drug and Alcohol Test Results to PHMSA
<br />If the operator has more than 50 covered employees, verify that it submits an annual MIS report of its anti -drug and alcohol testing
<br />results in accordance with the form and instructions located in Part 40, Appendix H. not later than March 15 of each year for the prior
<br />calendar year. §40.26, §199.119(a) and §199.229(a), If the operator has 50 or fewer covered employees (includes contractor
<br />employees), verify that it submits an annual MIS report of its anti -drug and alcohol testing results in accordance with the form and
<br />instructions located in Part 40, Appendix H, not later than March 15 of each year for the prior calendar yearwhen requested to do so
<br />by PHMSA notice. §40.26, §199.119(a) and §199.229(a), Does the operator have a process to ensure it identifies all contractors who
<br />performed covered functions for the operator in a given calendar year; and, if required by either mandated annual or PHMSA written
<br />request, submitted a MIS report for each of these contractors? §40.26, §199.119(a) and §199.229(a), If a service agent (e.g., C/TPA)
<br />prepares the MIS report on behalf of an operator, verify that each report is certified by the operator's anti -drug manager/alcohol misuse
<br />prevention manager or designated representative for accuracy and completeness. §199.119(f) and §199.229(d)
<br />Plan: VII, Program Elements Common to Drug and Alcohol- 6. Management Information System
<br />Protocol Area E - Drug and Alcohol Program Records
<br />E-1: Drug and Alcohol Program Recordkeeping
<br />Does the operator maintain the required drug and alcohol program records in a secure location with controlled access? §199.227(a)
<br />and §40.333(c), If the operator allows a service agent to maintain its required drug and alcohol program records, verify that the operator
<br />can produce these records at its principal place of business upon request by PHMSA or by a representative of a state agency.
<br />§199.117(b) and §40.333(d), If the operator stores records electronically, ensure the records are easily accessible, legible, formatted
<br />and stored in an organized manner. §40.333(e), Note: If electronic records do not meet these criteria, the operator must convert them
<br />to printed documentation in a rapid and readily auditable manner, at the request of PHMSA or by a representative of a state agency.
<br />§40.333(e), Verify that upon a signed written request from an employee that the operator provides to the employee all records of drug
<br />and alcohol use, testing results, and rehabilitation. §199.117(b) and §199.231(b)
<br />Plan: Vll. Program Elements Common to Drug and Alcohol- 5. Recordkeeping, Compliance
<br />E-2: Required Drug Test Records
<br />Retention period - Five years
<br />Records of verified positive drug test results. §40.333(a)(1) and §199.117(a)(2), Documentation of refusals to take required drug tests
<br />(including substituted or adulterated drug test results). §40.333(a)(1), SAP reports and records that demonstrate compliance with SAP
<br />recommendations. §40.333(a)(1) and §199.117(a)(2). All follow-up drug test results and schedules for follow-up drug tests.
<br />§40.333(a)(1), MIS annual report data - regardless of whether or not an annual MIS report was submitted. §199.117(a)(2)
<br />Retention period - Three years
<br />Information obtained from previous operators under §40.25 concerning drug test results of employees. §40.333(a)(2), Records that
<br />demonstrate the collection process conforms to Part 199. §199.117(a)(1), Records confirming that supervisors and employees have
<br />been trained as required by Part 199. §199.117(a)(4), Records of decisions not to administer post -accident drug tests. §199.117(a)(5)
<br />Retention period - One year
<br />Records of negative and cancelled drug test results. §40.333(a)(4) and §199.117(a)(3)
<br />Plan: Vll, Program Elements Common to Drug and Alcohol - 5. Recordkeeping, Records and Retention Periods
<br />E 3: Required Alcohol Test Records
<br />Retention period - Five years
<br />Records of alcohol test results indicating an alcohol concentration of 0.02 or greater. §40.333(a)(1) and §199.227(b)(1),
<br />Documentation of refusals to take required alcohol tests. §40.333(a)(1) and §199.227(b)(1), SAP reports, employee evaluations and
<br />referrals. §40.333(a)(1) and §199.227(b)(1), All follow-up alcohol test results and schedules forfollow-up alcohol tests. §40.333(a)(1),
<br />MIS annual report data -regardless of whether or not an annual MIS report was submitted. §199.227(b)(1), Calibration Documentation
<br />-supersedes the DOT two-year requirement found in §40.333(a)(3) and §199.227(b)(1)
<br />Retention period - Three years
<br />Premium Concrete Services, Inc.- PHMSA DRUG/ALCOHOL PLAN
<br />NATICNAL COMPLIANCE MANAGEMENT SERVICE, INC. (NCMS) 2011 (update 2021). The NCMS plan Is
<br />the subfeG of a registered copyright and is proisc ed by copyright lav,s in the U.S. and Aser•,here. All rights
<br />reserved
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