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Ems= SAFETY & HEALTH MANUAL <br />H.01.b. Verify that the Alcohol Misuse Prevention Program identifies the covered employees (as defined in §199.3) that <br />are required to be tested for the presence of alcohol [§199.1]. <br />C.01.a. Verify drug testing information [§40.25(b)] is requested from previous DOT -regulated employers for any <br />employee seeking to begin covered functions for the first time (i.e., a new hire or an employee transfer) [§40.25(a)]. <br />Covered employee must not perform their functions after 30 days from the date on which the employee first <br />performed safety -sensitive functions, unless a good faith effort to obtain the information has been made and <br />documented. <br />J.01.a. Verify that alcohol testing information [§40.25(b)] is requested from previous DOT -regulated employers for any <br />employee seeking to begin covered functions for the first time (i.e., a new hire or an employee transfer) [§40.25(a)]. In <br />addition, verify that a covered employee must not perform their functions after 30 days from the date on which the <br />employee first performed safety- sensitive functions, unless you have obtained or made and documented a good faith <br />effort to obtain alcohol testing information from previous DOT -regulated employers. <br />H.02.a. Verify that the Alcohol Misuse Plan ensures that a covered employee is not permitted to perform covered <br />functions if the employee has engaged in violations of §§199.215 through 199.223 (see below) or an alcohol misuse <br />rule of another DOTagency [§199.233]. 1) Having an alcohol concentration of 0.04 or greater [§40.23(c), §40.285 and <br />§199.2151; 2) Using alcohol while performing covered functions [§199.217, On -duty use]; 3) Using alcohol within 4 <br />hours prior to performing covered functions, or, if an employee is called to duty to respond to an emergency, within <br />the time period after the employee has been notified to report for duty [§199.219, Pre -duty use]; 4) A covered <br />employee, who has actual knowledge of an accident in which his or her performance of covered functions has not been <br />discounted by the operator as a contributing factor to the accident, is prohibited from using alcohol for 8 hours <br />following the accident, unless he or she has been given a post -accident test under §199.225(a), or the operator has <br />determined that the employee's performance could not have contributed to the accident [§199.221, Use following an <br />accident]; and, 5) Upon refusal of a covered employee to submit to a post -accident alcohol test required under <br />§399.225(a), a reasonable suspicion alcohol test required under §199.225(b), or a follow-up alcohol test required under <br />§199.225(d) [§40.285 and §199.223, Refusal to submit to a required alcohol test]. <br />H.02.c. Verify that the Alcohol Misuse Prevention Program assures that a covered employee is prohibited from <br />performing or continuing to perform covered functions when found to have an alcohol concentration of 0.02 or greater <br />but less than 0.04, until: The employee's alcohol concentration measures less than 0.02 in accordance with a test <br />administered under §199.225(e); or The start of the employee's next regularly scheduled duty period, but not less than <br />8 hours following administration of the test 1§40.23(c) and §199.237(a)]. <br />A.02.b. Verify that a covered employee that violates DOTdrug regulations is removed from performing safety -sensitive <br />functions [§40.23 and §199.7]. A verified positive DOT drug test result or a refusal to test (including by adulterating or <br />substituting a urine specimen) constitutes a violation of DOT drug regulations [§40.285(b) and §199.103(a)]. If a <br />covered employee violates a DOT drug regulation, a listing of SAPS that are readily available is provided to the <br />employee [§40.287]. <br />C.01.b. Verify no new personnel (new hire, contracted, or transferred employees) are used to perform covered <br />functions unless that person receives a negative drug test and or is covered by the Plan that conforms to Part 199 <br />[§199.105(a)]. Procedures are in place for direct observation when required under §§40.67(a), (b) and (d). <br />C.02.a. Verify post -accident drug testing is performed, as soon as possible but no later than 32 hours after an accident <br />(§ 195.50) or incident (§ 191.3), for each employee whose performance either contributed to the accident or cannot be <br />completely discounted as a contributing factorto the accident [§199.105(b)]. In addition, procedures are in place for <br />direct observation when required under §§40.67(a), (b) and (d). <br />C.03.a. Verify the minimum annual percentage rate used for random drug testing of covered employees complies with <br />§199.105(c)(1) through (4). <br />C.03.b. Verify the selection of employees for random drug testing is based on a scientifically valid method, such as a <br />random number table or a computer -based random number generator matched with employee identification data <br />[199.105(c)(5)]. <br />SECTION 42: Anti -Drug & Alcohol Misuse Prevention Plan Program I Page 43 of 49 <br />