2018-09-18_PERMIT FILE - M2018048

• Permit No: M2018048
• IBM Index Class Name: PERMIT FILE
• Doc Date: 9/18/2018
• Doc Name: Adequacy Review Response
• From: SEMA Construction
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

Subcontract#: 061804-017 _
Page 18/Rev 171204
4.7 Drug and Alcohol Testing: Subcontractor shall establish, implement and enforce, at its own
cost, a drug and alcohol testing program ensuring that the Subcontractor's employees do not
possess, distribute, use or have a measured concentration of alcohol, marijuana, illegally obtained
drugs, narcotics, controlled substances (as defined in Section 102(6) of the Controlled Substances
Act), or drug paraphernalia, (collectively referred to herein as "drugs and/or alcohol"), when reporting
to duty, on duty or on Contractor's project site.
a) The drug and alcohol testing program shall include post-accident testing, random testing,
reasonable suspicion testing and return to duty testing and utilize collection, testing, analysis
and reporting specifications which meet or exceed the provisions contained in 40 CFR Part 40
and 49 CFR Part 382 or adopt the Contractor's or Owner's drug testing policy, if required.
b) If applicable, all subcontractors with Maintenance of Way employees (as defined as "Roadway
Worker" in Part 214.7) working on regulated railroad projects will be subject to the Federal
drug and alcohol program requirements of 49 CFR Part 219.
c) Subcontractor agrees to require all subordinate contractors to comply with the requirements of
this Paragraph and to include in such subcontracts a clause requiring the inclusion of these
provisions.
d) In the event an employee of Contractor has reasonable suspicion to believe that any employee
of Subcontractor or Subcontractor's subordinate contractors has violated the provisions of this
Section or is involved in certain acts or omissions leading up to an accident or incident,
Contractor shall escort Subcontractor's employee to a safe place, and notify Subcontractor of
the incident. Upon notification, Subcontractor shall test the employee for drugs and/or alcohol,
and if the test result is positive, take appropriate action pursuant to Subcontractor's policy.
4.8 Compliance with United States Department of Transportation Regulations § 382.101tai and
§ 382.101(b). Subcontractor certifies that each of its Commercial Driver's License ("CDL") holders are
in approved substance abuse programs pursuant to § 382.101 et seq. of the Department of
Transportation's ("DOT") Federal Motor Carrier Safety Regulations (49 C.F.R. § 382.101 et seq.).
Upon the execution of this Subcontract, Subcontractor shall provide Contractor with Subcontractor's
CDL Drug & Alcohol Testing Policy and a letter from Subcontractor's drug and alcohol testing
facilitator stating that Subcontractor is participating in a DOT-approved substance abuse program.
5. ENVIRONMENTAL REQUIREMENTS
5.1 Compliance with Environmental Requirements: Subcontractor shall observe all
environmental rules adopted by Contractor on the Project including, but not limited to, Contractor's
written procedures to address environmental conditions, to address storing and handling hazardous
materials, to address existing vegetation and sensitive area protection, and how to report incidents
and spills. Subcontractor shall ensure that its Work complies with applicable storm water
management plans and all applicable permit obligations.
5.2 Pre-Work Environmental Planning. Prior to beginning its Work, Subcontractor shall:
a) Review applicable plans and specifications, such as storm water management plans, habitat
conservation plans, environmental mitigation requirements, and any other Project-related
environmental requirement;
b) Provide advice and assistance to Contractor related to the environmental impacts of its Work
and strategies for addressing or mitigating those impacts;
Equal Opportunity/Affirmative Action Employer