Opening of Bids - Madison Street Trail Connector Proj No 125-031 - Premium Concrete Service

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ConsortiumiThird Party Administrator. The Company may employ the service of a Consortium/Third Party Administrator (CITPA) to assist the DER with overall program management and consultation on any program issue. While the CITPA will not serve as the DER, the CITPA may support the DER by explaining the regulations and offering guidance on program -compliance issues. Service Agent Limitations. Service agents are subject to the following limitations concerning activities in the DOT drug and alcohol testing program. (a) A service agent must not require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process. (b) A service agent must not act an intermediary in the transmission of drug test results from the laboratory to the MRO. All confirmed drug test results for the Company are received by the MRO directly from the laboratory. (c) A service agent must not transmit drug test results directly from the laboratory to the Company. All confirmed drug test results for the Company are received by the MRO directly from the laboratory. (d) A service agent must not act as an intermediary in the transmission of alcohol test results 0.02 or higher from the STT or BAT to the DER. (e) A service agent must not act as an intermediary in the transmission of individual SAP reports to the Company. The service agent is allowed to receive and maintain individual SAP summary reports and follow-up testing plans from the DER. The SAP is allowed to transmit the reports and testing plans simultaneously to the DER and service agent. The only exception, to the limitation of the service agent acting as an intermediary, is the transmission of the SAP report from the SAP to an owner -operator or other self-employed individual. (f) A service agent must not make decisions to test an employee based upon reasonable suspicion, post -accident, return -to -duty and follow-up determination criteria. A DER cannot delegate these duties to a CITPA. The CITPA may provide advice and information to the DER regarding testing issues and how the Company should schedule required testing. The only exception to this limitation would involve making the determination for testing of an owner -operator or other self-employed individual. (g) A service agent must not make a determination that an employee has refused a drug or alcohol test. The DER and the Company must make this determination. However, a service agent my provide advice and information to the DER regarding refusal -to -test issues. Exceptions to this limitation are in the case of a required test for an owner -operator or other self-employed individual, and the individual fails to appear for the test with a legitimate reason; or an MRO determines that an individual has refused to test on the basis of adulteration or substitution. (h) A service agent must not act as the DER, including Company actions to remove employees from safety -sensitive duties. (i) A service agent must ensure that the laboratory conducting testing receives only Copy 1 of the CCF. Transmission of other copies of the CCF or any ATF's are not allowed. (j} A service agent must not impose conditions or requirements on the Company that DOT regulations do not authorize. (k) A service agent must not intentionally delay the transmission of drug or alcohol testing -related documents concerning actions you have performed, because of a payment dispute or other reasons. (1) While a service agent must follow the DOT agency regulations, the Company remains accountable to DOT for compliance, and the failure of a service agent to implement any aspect of the program and other applicable DOT agency regulations would make the Company subject to enforcement action by DOT. 5. Critical Service Agent Positions Compliance. The Company recognizes the significance of critical service agent positions within the DOT drug and alcohol program. The Company understands the importance of each service agent meeting their initial qualifications, as applicable, and then maintaining compliance throughout the conduct of their program functions, all in accordance with Part 40 and Part 199 requirements. The Company will ensure that the follow critical positions meet DOT rule requirements. a) Medical Review Officer (MRO) (§40.121 and §199.109(b)); (See Plan Section V.8) b) Substance Abuse Professional (SAP) (§40.281); (See Plan Section V11.1) c) Urine Specimen Collector (§40.33); (See Plan Section VA.) d) Screening test Technician (§40.213); and, (See Plan Section VI. 2. & 3.) e) Breath Alcohol Technician (§40.213) (see Plan Section V1.2. & 3.) Premium Concrete Services, Inc.- PHMSA DRUG/ALCOHOL PLAN 14 C!'I1._ C-0%.I R-'dIF�IT --�ER'l CE ihl- INC:.I5121) 1 21.21 J TI-, 'J C'.1_ piary h :.II'IF-1 :