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consider the test to have been canceled. If a licensed physician cannot make such a <br />determination, the City will consider the driver to have engaged in a refusal to test and will take <br />appropriate disciplinary action under this policy. <br />The primary specimen is used for the first test. If the test is negative, it is reported to the MRO <br />who then reports the result, following a review of the CCF Form for compliance, to the City. If <br />the initial result is positive or non -negative, a "confirmatory retest" will be conducted on the <br />primary specimen. If the confirmatory re -test is also positive, the result will be sent to the MRO. <br />The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the <br />driver directly, the MRO must contact the City who will direct the driver to contact the MRO. <br />Review of Test Results <br />The MRO is a licensed physician with knowledge and clinical experience in substance abuse <br />disorders, and is responsible for receiving and reviewing laboratory results of the controlled <br />substances test as well as evaluating medical explanations for certain drug test results. Prior to <br />making a final decision to verify a positive test result, the MRO will give the driver or the job <br />applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a <br />staff person under the MRO's supervision, will contact the individual directly, on a confidential <br />basis, to determine whether the individual wishes to discuss the test result. If the employee or job <br />applicant wishes to discuss the test result: <br />• The individual may be required to speak and/or meet with the MRO, who will review the <br />individual's medical history, including any medical records provided. <br />• The individual will be afforded the opportunity to discuss the test results and to offer any <br />additional or clarifying information which may explain the positive test result. If the <br />employee or job applicant believes a mistake was made at the collection site, at the labor, on <br />a chain -of -custody form, or that the drug test results are caused by lawful substance use, the <br />employee should tell the MRO. <br />• If there is some new information which may affect the original finding, the MRO may <br />request the laboratory to perform additional testing on the original specimen in order to <br />further clarify the results. <br />• A final determination will be made by the MRO that the test is either positive or negative, <br />and the individual will be so advised. <br />If the MRO upholds the positive, adulterated or substituted drug determination, that test result <br />will be provided to the City. There is no opportunity to explain a positive alcohol test provided in <br />the DOT regulations. <br />The driver can request the MRO to have the split specimen (the second "B" container) tested at <br />the driver's expense. This includes all costs that may be associated with the re -test. There is no <br />split specimen testing for an invalid result. The driver has 72 hours after they have been notified <br />of the positive result to make this request. If the employee requests an analysis of the split <br />specimen, the MRO will direct the laboratory to send the split specimen to another certified <br />laboratory for analysis. <br />If an employee has not contacted the MRO within 72 hours, the employee may present <br />information documenting that serious injury, illness, lack of actual notice of the verified test <br />result, inability to contact the MRO, or other circumstances that unavoidably prevented the <br />City of Hugo Adopted _ <br />DOT Drug and Alcohol Testing for Commercial Drivers Page 10 <br />