TESTING SAFEGUARDS AND PROTOCOLS Sample Clauses

TESTING SAFEGUARDS AND PROTOCOLS. An employee will be considered to be "under the influence" of drugs if he/she tests positive for cocaine, methamphetamines, marijuana, opiates, phencyclidines, or amphetamines at the cutoff levels applicable under Department of Transportation (DOT) testing regulations. It is understood and agreed that in the event DOT testing levels are modified or new drugs are added to DOT testing requirements, this policy will automatically be adjusted to incorporate those new drugs and/or cutoff levels as positive test results. All testing will be conducted at a laboratory certified by the DOT . All drug tests will be conducted through collection of a split sample. All positive drug tests will be confirmed by a second confirmatory test from the same sample using GCMS or LCSM testing methodology and will be reviewed and confirmed by a Medical Review Officer (MRO) before the test result is reported as positive. Test results will be reported to the Personnel Officer or designee. Such results will be considered medical records and released only on an “as needed” basis. An employee who tests positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result. The cost of the retest shall be borne by the employee, unless the retest shows the original positive result was in error. The time spent by an employee in traveling to and from the collection site as well as time spent in testing must be reported and will be treated as hours worked for pay purposes. The drug testing laboratories will be required to retain and store all confirmed positive specimens for a minimum of thirty (30) days from the date the employee receives notice of the positive test result. In the event the District is notified of a legal challenge within that time period, the laboratory will be required to preserve any specimens under legal challenge. When the employee is being questioned regarding the conduct giving rise to a "reasonable suspicion", he/she may request the presence of an Association representative. However, the test may not be unduly delayed in order to wait for a representative. In the event the District reasonably believes that a delay may affect test results, the District may proceed with the testing. The employee may, however, decline to answer questions related to reasonable suspicion for testing if no Association representative is present. All employees who are required to undergo testing must provide the ...
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