Common use of Conduct that Constitutes a Refusal to Test Clause in Contracts

Conduct that Constitutes a Refusal to Test. The following conduct will be regarded by the Village as a refusal to submit to a drug and/or alcohol test: • Failure to appear for any test (except a pre-employment test) within a reasonable time as determined by the Village, after being directed to do so by the Village. • Failure to remain at the testing site until the testing process is complete; provided that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a specimen; provided that an employee who does not provide a specimen because he/she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a sufficient amount of urine, breath, or saliva and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. • Failure to permit a directly observed or monitored collection when required. • Failure or declining to take a second test the Village or collector has directed the employee to take. • Failure to undergo a medical examination or evaluation as required. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. • Failure to sign the certification at Step 2 of the Alcohol Testing Form. • Failure to cooperate with any part of the testing process. • An adulterated or substituted test result verified by a Medical Review Officer (“MRO”).

Conduct that Constitutes a Refusal to Test. The following conduct will be regarded by the Village as a refusal to submit to a drug and/or alcohol test: • Failure to appear for any test (except a pre-employment test) within a reasonable time as determined by the Village, consistent with applicable FTA regulations, after being directed to do so by the Village. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA. • Failure to remain at the testing site until the testing process is complete; provided that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a specimen; provided that an employee who does not provide a specimen because he/she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a sufficient amount of urine, breath, or saliva and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. • Failure to permit a directly observed or monitored collection when required. • Failure or declining to take a second test the Village or collector has directed the employee to take. • Failure to undergo a medical examination or evaluation as required. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. • Failure to sign the certification at Step 2 of the Alcohol Testing Form. • Failure to cooperate with any part of the testing process. 3 This includes the drugs and other substances provided for under Schedules I through V of 21 CFR Part 1308. • An adulterated or substituted test result verified by a an Medical Review Officer (“MRO”).

Conduct that Constitutes a Refusal to Test. The following conduct will be regarded by the Village as a refusal to submit to a drug and/or alcohol test: • Failure to appear for any test (except a pre-employment test) within a reasonable time as determined by the Village, consistent with applicable FMCSA regulations, after being directed to do so by the Village. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA. • Failure to remain at the testing site until the testing process is complete; provided that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a specimen; provided that an employee who does not provide a specimen because he/she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a sufficient amount of urine, breath, or saliva and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. • Failure to permit a directly observed or monitored collection when required. 2 This includes the drugs and other substances provided for under Schedules I through V of 21 CFR Part 1308. • Failure or declining to take a second test the Village or collector has directed the employee to take. • Failure to undergo a medical examination or evaluation as required. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. • Failure to sign the certification at Step 2 of the Alcohol Testing Form. • Failure to cooperate with any part of the testing process. • An adulterated or substituted test result verified by a an Medical Review Officer (“MRO”).

Conduct that Constitutes a Refusal to Test. The following conduct will be regarded by the Village as a refusal to submit to a drug and/or alcohol test: • Failure to appear for any test (except a pre-employment test) within a reasonable time as determined by the Village, consistent with applicable FTA regulations, after being directed to do so by the Village. This includes the failure of an employee (including an owner- operator) to appear for a test when called by a C/TPA. • Failure to remain at the testing site until the testing process is complete; provided that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a specimen; provided that an employee who does not provide a specimen because he/she has left the testing site before i This includes the drugs and other substances provided for under Schedules I through V of 21 CFR Part 1308. the testing process commences for a pre-employment test is not deemed to have refused to test. • Failure to provide a sufficient amount of urine, breath, or saliva and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. • Failure to permit a directly observed or monitored collection when required. • Failure or declining to take a second test the Village or collector has directed the employee to take. • Failure to undergo a medical examination or evaluation as required. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. • Failure to sign the certification at Step 2 of the Alcohol Testing Form. • Failure to cooperate with any part of the testing process. • An adulterated or substituted test result verified by a an Medical Review Officer (“MRO”).