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October 17, 2016 (Regular Meeting) <br />Page 2918 <br />2. A covered employee who provides an insufficient volume of urine specimen <br />or breath sample without a valid medical explanation. The medical <br />evaluation shall take place within 5 days of the initial test attempt. <br />3. A covered employee whose urine sample has been verified by the MRO as <br />substitute or adulterated. <br />4. A covered employee fails to appear for any test within a reasonable <br />time, as determined by the employer, after being directed to do so by <br />the employer. <br />5. A covered employee fails to remain at the testing site until the testing <br />process is complete. <br />6. A covered employee fails to provide a urine specimen for any drug test <br />required by Part 40 or DOT agency regulations. <br />7. A covered employee fails to permit the observation or monitoring of a <br />specimen collection. <br />B. A covered employee fails or declines to take a second test the employer <br />or collector has directed you to take. <br />9. A covered employee fails to undergo a medical examination or evaluation, <br />as directed by the MRO as part of the verification process, or as <br />directed by the employer as part of the " shy bladder " or "shy lung" <br />procedures. <br />10. A covered employee fails to cooperate with any part of the testing <br />process (e.g., refuse to empty pockets when so directed by the collector; <br />behave in a confrontational way that disrupts the collection process). <br />11. Failure to sign Step 2 of the Alcohol Testing form. <br />12. Failure to follow the observer's interactions during an observed <br />collection including interactions to raise your clothing above the <br />waist, lower clothing and underpants, and to turn around to permit the <br />observer to determine if you have any type of prosthetic or other device <br />that could be used to interfere with the collection process. <br />13. Possess or wear a prosthetic or other device that could be used to <br />interfere with the collection process. <br />14. Admit to the collector or MRO that you adulterated or substituted the <br />specimen. <br />P. If a DOT regulated employee is directed to submit to a collection under <br />direct observation in accordance with 49 CFR Part 40.67, the policy <br />administrator or supervisor must explain to the employee the reason for a <br />directly observed collection. Circumstances requiring direct observation <br />include: <br />1. All return to duty tests. <br />2. A follow -up tests. <br />3. Anytime the employee is directed to provide another specimen because <br />the temperature on the original specimen was out of the acceptable <br />temperature range. <br />4. Anytime the employee is directed to provide another specimen because <br />the original specimen appeared to have an attempt to tamper with. <br />5. Anytime a collector observes materials brought to the collection site <br />or the employee's conduct clearly indicates an attempt to tamper with a <br />specimen. <br />6. Anytime the employee is directed to provide another specimen because <br />the laboratory reported to the MRO that the original specimen was invalid <br />and the MRO determined that there was not an adequate medical explanation <br />for the results. <br />7. Anytime the employee is directed to provide another specimen because <br />the MRO determined that the original specimen was positive, adulterated, <br />or substituted, but had to be cancelled because the test of the split <br />specimen could not be performed. <br />Q. Cabarrus County will notify North Carolina Division of Motor Vehicles within <br />five business days of the date that a DOT regulated employee tests positive <br />or refuses to participate in a drug or alcohol test required under 49 CFR <br />Part 382 and 655, in accordance with NCGS 20- 37.19. <br />FORMS: <br />Form A. Acknowledgment of Receipt of Drug Free Workplace Polic <br />Form B. Drug Testing Authorization Form <br />Form C. Observation of Suspect Behavior Form <br />Form D. Post Druq Test Notice <br />Forms are located on the Cabarrus County Intranet. Navigate to the Human <br />Resources page and select forms to find the document you are looking for. You <br />may also follow the links for forms B - D. <br />REFERENCES: <br />