Common use of Collection and Testing Procedures Clause in Contracts

Collection and Testing Procedures. THE City will follow drug and alcohol procedures contained in 49 CFR 40, entitled "Procedures for Transportation Workplace Drug Testing Programs" and 49 CFR 382 which includes preparation for testing specimen collection procedures, laboratory requirements, retention of samples and Medical Review Officer (MRO) qualifications and functions. Selection of a laboratory to implement the drug testing procedures described in this Policy shall be by mutual agreement of the parties, neither of whom shall unreasonably withhold their consent. The collection site procedures shall provide for the collection of split sample urine specimens. Chain of custody and quality control of samples shall follow at a minimum U.S. DOT Guidelines to assure the accuracy of collection and testing procedures. A quality control program for drug testing will be maintained including the submission of blind samples in accordance with U.S. DOT regulations to assure the accuracy of collection and testing procedures. An employee shall, upon request, be provided a split sample at the time of testing. If the initial test proves positive, the MRO will require a second confirmatory test. If the confirmatory test proves negative, a negative result will be reported to the employee first and then to the Fire Chief. If the confirmatory test is positive, the MRO shall consider the test results and review the individual's medical history and/or any other relevant biomedical factors. The MRO shall interview the employee and discuss the test result at which time the employee will have the opportunity to present any relevant medical information that would provide legitimate medical explanation for a positive test result. If the MRO verifies a positive result, the MRO shall refer the employee's case to the Fire Chief, after notifying the employee of the result, for further action as provided under this policy. If the MRO determines after the appropriate review that there is a legitimate medical explanation for the confirmed positive test result other than the authorized use of all unauthorized controlled substances, the MRO shall report this as a negative test result and so inform the employee regarding his finding which shall remain confidential. The MRO may conclude that a particular drug test result is scientifically insufficient for further action. Under these circumstances, the MRO shall cancel the test result and record it as a negative result. Should any questions arise as to the accuracy or validity of a positive drug test, the employee may request within 72 hours of the employee's having actual notice of the positive test result, a request that the MRO direct that the split sample be tested. If the re-analysis fails to reconfirm the positive results, the MRO shall cancel the test and report the cancellation as a negative test result both to the fire Chief and the employee.