12-19-1995 CC - Laserfiche WebLink

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4. M.R.O. is unable to Contact the Driver. If an employee has not contacted the M.R.O. within seventy-two (72) hours of having been informed of having a positive test, the employee may present to the M.R.O. information documenting that a serious illness, injury or other circumstances unavoidable prevented the employee from timely contracting the M.R.O. If it is not determined that the driver did have a legitimate explanation for not contacting the M.R.O., the M.R.O. shall direct the analysis of the split specimen, as applicable, be performed. 5. M.R.O. may verify Positive Test. The M.R.O. may verify positive test without having communicated directly with the driver about the test results under the following circumstances: (A) The driver expressly declines the opportunity to discuss the test results. (B) The driver has not contacted the M.R.O. within five (5) days of being instructed to do so by the City. REPORTING AND REVIEW OF RESULTS FOR ALCOHOL TESTING The FHWA alcohol testing rules require breath testing to be administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). Two (2) breath tests are required to determine if a person has a prohibited alcohol concentration. Any results less than 0.02 alcohol concentration is considered a"negative"test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain a written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. RIGHTS OF EMPLOYEES 1. The employer shall, within three (3) working days after receiving results of the test report from the M.R.O., notify the employee of the results of random, reasonable suspicion and post-accident tests for controlled substances if the test results are verified positive. The employer shall also inform the employee which controlled substances were verified positives. The City shall also inform an employee or job applicant of the following rights: (A) The right to request and receive from the employer a copy of the test result report. (B) The right not to be discharged, disciplined, discriminated, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not yet been verified by a confirmatory test. 14