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08-26-2024 CC Agenda Packet
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08-26-2024 CC Agenda Packet
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Page 146 of 150 <br />signs of contamination. The urine is then split into two separate specimen containers (A, or “primary,” <br />and B, or “split”) with identifying labels and security seals affixed to both. The collection facility will <br />be responsible for maintaining a proper chain of custody for delivery of the sample to a DHHS- <br />certified laboratory for analysis. The laboratory will retain a sufficient portion of any positive sample <br />for testing and store that portion in a scientifically acceptable manner for a minimum 365-day period. <br /> <br />If an employee fails to provide a sufficient amount of urine to permit a controlled substance test (45 <br />milliliters of urine), the collector will discard the insufficient specimen, unless there is evidence of <br />tampering with that specimen. The collector will urge the driver to drink up to 40 ounces of fluid, <br />distributed reasonably over a period of up to three hours, or until the driver has provided a sufficient <br />urine specimen, whichever occurs first. If the driver has not provided a sufficient specimen within three <br />hours of the first unsuccessful attempt, the collector will cease efforts to attempt to obtain a specimen. <br />The driver must then obtain, within five calendar days, an evaluation from a licensed physician, <br />acceptable to the MRO, who has expertise in the medical issues raised by the employee’s failure to <br />provide a sufficient specimen. If the licensed physician concludes the driver has a medical condition, or <br />with a high degree of probability could have, precluded the driver from providing a sufficient amount <br />of urine, the City will consider the test to have been canceled. If a licensed physician cannot make such <br />a 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 /> <br />The primary specimen is used for the first test. If the test is negative, it is reported to the MRO who <br />then reports the result, following a review of the CCF Form for compliance, to the City. If the initial <br />result is positive or non-negative, a “confirmatory retest” will be conducted on the primary specimen. If <br />the confirmatory re-test is also positive, the result will be sent to the MRO. The MRO will contact the <br />driver to verify the positive result. If the MRO is unable to reach the driver directly, the MRO must <br />contact the City who will direct the driver to contact the MRO. <br /> <br />6. Review of Test Results <br />The MRO is a licensed physician with knowledge and clinical experience in substance abuse disorders <br />and is responsible for receiving and reviewing laboratory results of the controlled substances test as <br />well as evaluating medical explanations for certain drug test results. Prior to making a final decision to <br />verify a positive test result, the MRO will give the driver or the job applicant an opportunity to discuss <br />the test result, typically through a phone call. The MRO, or a staff person under the MRO’s <br />supervision, will contact the individual directly, on a confidential basis, to determine whether the <br />individual wishes to discuss the test result. If the employee or job applicant wishes to discuss the test <br />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 employee or <br />job applicant, believes a mistake was made at the collection site, at the labor, on a chain-of- <br />custody form, or that the drug test results are caused by lawful substance use, the employee should <br />tell the MRO. <br /> If there is some new information which may affect the original finding, the MRO may request the <br />laboratory to perform additional testing on the original specimen in order to further clarify the <br />results; and <br />205
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