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* • - <br />TRANSPORTATION EMPLOYEE DRUG AND ALCOHOL POLICY UNDER <br />THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT Continued <br />associated with alcohol or controlled substances shall be evaluated by a substance <br />abuse professional to determine that the employee has followed the rehabilitation <br />program prescribed; <br />6. Tte employee shall also be subject to unarmounced follow-up alcohol and <br />controlled subsunce testing. <br />OTHER ALCOHOL RELATED CONDUCT <br />FHWA rules require that in the event of an alcohol test result over 0.02 but less than 0.04. an <br />employee shall not be permitted to perform safety-sensitive functions for not less than 24 hours. <br />REFUSAL TO UNDERGO TESTING AND CONSEQUENCES OF REFUSAL <br />All applicants and employees have the right to refuse to undergo drug and alcohol testing. If <br />an individual refuses to undergo drug and alcohol testing required by this policy, no such test <br />shall be given. <br />An applicant who refuses to take a drug and alcohol test shall be disqualified from further <br />consideration for the coiKiitionally offered position. <br />An employee refusing to take a drug and alcohol test required by this policy shall not be <br />permitted to perform safety-sensitive functions and will be considered insubordinate and will be <br />subject to disciplinary action including possible dismissal. <br />EMPLOYEE/APPLICANT RIGHTS <br />All applicants and employees subject to the drug testing provisions of this policy have the right <br />to request, at employee or applicant expense, a retest of the split urine sample within 72 hours <br />of receiving notice of a confirmed positive test result. <br />If the employee requests an analysis of the split specimen within seventy-two (72) hours of <br />having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory <br />to provide the split specimen to another DHHS-certified laboratory for analysis. If an employee <br />has not contacted the MRO within seventy-two (72) hours, the employee may present to the <br />MRO information documenting that serious illness, injury, inability to contact the MRO, lack <br />of actual notice of the verified positive test, or other circumstances unavoidably prevented the <br />employee from timely making contact. If the MRO concludes that there is a legitimate <br />explanation for the employee ’s failure to contact within seventy-two (72) hours, the MRO shall