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Does the operator have a process to ensure that when its MRO has verified a drug test as positive for a drug or drug metabolite, or
<br />as a refusal to test because of adulteration or substitution, the MRO notifies the employee of his or her right to have the split specimen
<br />tested and how to request the lest? §199.109 and §40,163
<br />Plan: V. Anti -Drug Program — 8. MRO Review of Drug Test Results, Compliance, Duties, Results, Reports, 9. Split Specimen
<br />Testing, Split Specimen, Laboratory
<br />B-6 the opera Test have
<br />process
<br />to the ensure
<br />Does the operator have a process to ensure its MRO reports all drug lest results to the DER In accordance with the requirements in
<br />§40,1633 §40.165, §40.167 and §199.109(d)? These requirements include: -reporting all drug lest results to the DER, except in the
<br />circumstances provided for In §40.345, when a C/TPA may act as an intermediary §40.165(a); -reporting the results in a confidential
<br />manner §40.167(a); and, -reporting the results within the required time constraints §40.167(b) and (c), Does the operator have a
<br />process to ensure its MRO reports all drug test results to the DER unless the operator elects to receive drug lest results through a
<br />C/TPA, acting as an intermediary, In which case the MRO reports the drug test results through (tie designated C/TPA? §199.109(d),
<br />§40.165, & §40,345
<br />Plan: V. Anti -Drug Prograrn — 8. MRO Review of Drug Test Results, Reports.
<br />B-T Drua Reoulaflon Violations
<br />Verify that the operator does not stand down an employee based on laboratory tests results before the Medical Review Officer (MRO)
<br />completes the drug test verification process unless an approved waiver has been granted. §199.7L; §40.21, Does the operator have a
<br />process to ensure that a "covered employee" who violates a PHMSA/DOT drug regulation Is removed from performing "covered
<br />functions'? §199.103, §40.23, Does the operator have a process to ensure It provides a listing of Substance Abuse Professionals
<br />(SAPs) that are readily available to an employee who violates a PHMSA/DOT drug regulation? §40.287, Note: A'verified positive
<br />DOT drug lest result or a refusal to test (Including adulterating or substituting a urine specimen) constitutes a violation of a
<br />PHMSA/DOT drug regulation. §40.285(b) and §199.103(a)
<br />Plan: 11. General— 6. Stand -down Waiver, IV. DOT Program Requirements — 7. Violation Consequences and CompanyAcfions,
<br />After DOT Rule Violations
<br />B-8: Emolovee Assistance Prooram (EAP) - --
<br />Does the operator have an EAP for its employees and supervisory personnel who will determine whether an employee must be drug
<br />tested based on reasonable cause?, The operator may establish the EAP as part of its internal personnel services or the operator
<br />may contract with an entity that provides EAP services. §199.113(a), Does the education under the EAP Include at least the following
<br />elements: display and distribution of informalional material; display and distribution of a community service hot-line telephone number
<br />for employee assistance; and display and distribution of the operator's policy regarding the use of prohibited drug? §199.113(b)
<br />Plan: V/h Program Elements Common to Drug and Alcohol— 2, Employee Assistance Program, 3. Supervisor Training
<br />Protocol Area C — Alcohol Misuse Prevention ProgramT Y
<br />C-1: Written Alcohol Misuse Plan
<br />Does the operator maintain and follow a written Alcohol Misuse Plan that conforms to the requirements of Pali 199 and Part 40 and
<br />which contains methods and procedures for compliance with required alcohol testing, recordkeoping, reporting, education and training
<br />elements? §199.202
<br />Plan: 1. Introduction -- 1. Development of "Combined" Plan, Vl, Alcohol Misuse Prevention Program
<br />C-2 Alcohol Misuse Program Educational Materials
<br />Does the operator have a process to provide educational materials that explain alcohol misuse requirements and the operator's
<br />policies and procedures with respect to meeting those requirements? §199.239(a), Does the operator provide a copy of these materials
<br />to each covered employee prior to the start of alcohol testing and to each person subsequently hired or transferred into a covered
<br />position? §199,239(a)(1), Does the operator provide written notice to representatives of employee organizations of the availability of
<br />this information? §199.239(a)(2)
<br />Plan: gl. Policy and Responsibilities, 1. Company Policy, DOT Compliance; V11, Program Elements Common to Drug and
<br />Alcohol, 2, Employee Assistance Program
<br />C-3: Alcohol Misuse Program Educational Materials Content
<br />Does the operator ensure educational rnalerials are made available to covered employees and that the materials include detailed
<br />discussion of al least the following? §199.239(b), The identity of the person designated by the operator to answer covered employee
<br />questions about the materials, The categories of employees who are subject to the alcohol testing regulations In Part 199, Subpart C.
<br />Sufficient information about the covered functions performed by those employees to make clear what period of the work day the
<br />covered employee is required to be In compliance with Part 199, Subpart C, Specific Information concerning covered employee
<br />conduct that is prohibited by Part 199, Subpart C., The circumstances under which a covered employee will be tested for alcohol
<br />under Part 199, Subpart C, The procedures that will be used to test for the presence of alcohol, protect the covered employee and
<br />the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the
<br />correct employee, The requirement that a covered employee submit to alcohol tests administered in accordance with this Part 199,
<br />Subpart C, An explanation of what constitutes a refusal to submit to an alcohol lest and the attendant consequences, The
<br />consequences for covered employees found to have violated the prohibitions under Part 199, Subpart C, including the requirement
<br />that the employee be removed immediately from covered functions, and the procedures under §199.243, The consequences for
<br />Premium Concrete Services, Inc.- PHMSA DRUG/ALCOHOL PLAN
<br />l' f lA rioNAL COMPLIANCE MANAGEMEMSEriVICE, file. (MMS1201 f (updale.2021). ne NCk16 plan is
<br />the yuli)ecl of a registered copyright and Is protected by copy,ighl Idws in the U.S. and elselvhere_ All lighls
<br />reserved 46
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