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April 18, 2011 (Regular Meeting) Page 388 8. A covered employee fails to provide a urine specimen for any drug test required by Part 40 or DOT agency regulations; 9. A covered employee fails to permit the observation or monitoring of a specimen collection 10. A covered employee fails or declines to take a second test the employer or collector has directed you to take; 11. A covered employee fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the employer as part of the ''shy bladder or "shy lung" procedures 12. A covered employee fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector; behave in a confrontational way that disrupts the collection process). 13. Failure to sign Step 2 of the Alcohol Testing form 14. Failure to follow the observer's interactions during an observed collection including interactions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you_ have any type of prosthetic or other device that could be used to interfere with the collection process 15. Possess or wear a prosthetic or other device that could be used to interfere with the collection process. 16. Admit to the collector or MRO that you adulterated or substituted the specimen. 0. If a DOT regulated employee is directed to submit to a collection under direct observation in accordance with 49 CFR Part 40.67, the policy administrator or supervisor must explain to the employee the reason for a directly observed collection. P. Cabarrus County will notify North Carolina Division of Motor Vehicles within five business days of the date that a DOT regulated employee tests positive or refuses to participate in a drug or alcohol test required under 49 CFR Part 382 and 655, in accordance with NCGS 20- 37.19. Q. DOT Regulations do not include the following; however, this policy may apply to employees who operate any of the following vehicles due to the nature of their position. 1. Vehicles owned or operated by the Department of Defense, including National Guard, while driven by the active duty military personnel, or members of the National Guard when on active duty, in pursuit of military purposes. 2. Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute emergency governmental functions. 3. A farm vehicle that meets all the following criteria: a. Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm use; b. Is used to transport agricultural products, farm machinery, or farm supplies, both to and from the farm; c. Is not used in operations of a for -hire motor carrier; and d. Is used within 150 miles of the farmer's farm. A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation. FORMS: Form A. Acknowledgment of Receipt of Drug Free Workplace Policy Form B. Drug Testing Authorization Form Form C. Drug Testing Authorization Form (Out of Town) Form D. Observation of Suspect Behavior Form Form E. Post Drug Test Notice Form F. Release of Information Form -49CFR Part 40.25 Drug and Alcohol Testinq Records REFERENCES A. Food and Drug, 21 CFR 1308.11 -15: http: / /ecfr.gpoaccess.gov /cgi /t /text /text- idx?c= ecfr& sid= 7a6623b59fe8ad6517a42dcdcf698bdd &tpl= /ecfrbrowse /Title2l /21cfr1308 main 02.tpl B. United States Code Controlled Substance Act Subchapter 1, Part B, Section 812: http:// www. deadiversion .usdol.gov /21cfr /21usc /812.htm