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LV,77SAFETY & HEALTH MANUAL <br />APPENDIX E - PHMSA INSPECTION PLAN CROSS REFERENCE ENDNOTES <br />A.01.a. Verify that the operator maintains and follows a written Anti -Drug Plan that conforms to Part 199 and Part 40 <br />and that the plan contains the following [§199.101]: 1) Methods and procedures for compliance with all the <br />requirements of Part 199, including the employee assistance program; 2) The name and address of each laboratory <br />that analyzes the specimens collected for drug testing; 3) The name and address of the operators Medical Review <br />Officer, and Substance Abuse Professional; and Procedures for notifying employees of the coverage and provisions of <br />the plan. <br />H.01.a. Verify that the operator maintains and follows a written Alcohol Misuse Plan that conforms to Part 199 and <br />Part 40 and that the plan contains methods and procedures for compliance with required testing, recordkeeping, <br />reporting, education and training elements [§199.202]. <br />A.02.a. Verify that "stand -down' is prohibited before the MRO has completed the drug test verification process or that <br />an approved waiver is granted per the requirements of [§40.21] and 1§199.71. <br />H.02.e. Verify that the educational materials made available to covered employees includes detailed discussion of at <br />least the following (§199.239(b)]: 1)The identity of the person designated by the operator to answer covered employee <br />questions about the materials; 2) The categories of employees who are subject to the provisions of this subpart; 3) <br />Sufficient information about the covered functions performed by those employees to make clear what period of the <br />work day the covered employee is required to be in compliance with this subpart; 4)Specific information concerning <br />covered employee conduct that is prohibited by this subpart; 5) The circumstances under which a covered employee <br />will be tested for alcohol under this subpart; 6) The procedures that will be used to test for the presence of alcohol, <br />protect the covered employee and the integrity of the breath testing process, safeguard the validity of the test results, <br />and ensure that those results are attributed to the correct employee; 7) The requirement that a covered employee <br />submit to alcohol tests administered in accordance with this subpart; 8) An explanation of what constitutes a refusal to <br />submit to an alcohol test and the attendant consequences; 9) The consequences for covered employees found to have <br />violated the prohibitions under this subpart, including the requirement that the employee be removed immediately <br />from covered functions, and the procedures under §199.243; 10) The consequences for covered employees found to <br />have an alcohol concentration of 0.02 or greater but less than 0.04; and 11) Information concerning the effects of <br />alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem (the <br />employee's or a coworker's); and including intervening evaluating and resolving problems associated with the misuse <br />of alcohol including intervening when an alcohol problem is suspected, confrontation, referral to any available EAP, <br />and/or referral to management. <br />B.01.b. Verify that a service agent is not used to fulfill the function of a DER (§40.15(d)]. <br />N.01.a. Verify that an employer who is using a service agent concerning whom a PIE is issued stops using the services of <br />the service agent no later than 90 days after the Department has published the decision in the Federal Register or <br />posted it on its web site. The employer may apply to the ODAPC Director for an extension of 30 days if it is <br />demonstrated that a substitute service agent cannot be found within 90 days [§40.409(b)]. <br />B.01.a. Verify that critical positions meet the applicable qualifications of Part 40 and 199; 1) Medical Review Officer <br />(MRO), 040.121 and §199.109(b)); 2) Substance Abuse Professionals (SAP), (§40.81) 3); 3) Urine Specimen Collectors <br />(§40.33). <br />1.01.a. Verify that Alcohol Misuse Prevention Program positions meet the applicable qualification requirements of Part <br />40 and Part 199 as follows: 1) Screening Test Technician (§40.213); 2) Breath Alcohol Technician (§40.213); and, 3) <br />Substance Abuse Professional (SAP) (§40.281). <br />A.01.d. Verify that DOTtests are completely separate from non-DOTtests in all respects 1§40.131. <br />H.01.d. Verify that the Alcohol Misuse Prevention Program ensures that the DOT tests are completely separate from <br />non -DOT tests in all respects [§40.13]. <br />A.01.b. Verify that the Plan identifies covered employees (as defined in §199.3), required to be tested for drugs, are <br />identified [§199.1]. <br />SECTION 42: Anti -Drug & Alcohol Misuse Prevention Plan Program I Page 42 of 49 <br />