Inability to Provide Adequate Amount of Urine Specimen or Breath Sample Clauses

Inability to Provide Adequate Amount of Urine Specimen or Breath. Any applicant or employee who is unable to provide an adequate amount of urine specimen for drug testing will be directed to drink up to forty (40) ounces of fluid, distributed reasonably through a period of up to three (3) hours, or until the employee has provided a new urine specimen, whichever occurs first. If the employee refuses to provide a new specimen, the collection site person shall terminate the collection. In all cases involving an employee who cannot provide an adequate specimen within the three (3) hour period, a Pace designated MRO shall refer the employee for a medical evaluation to develop pertinent information concerning whether the employee's inability to provide a specimen is genuine or constitutes a refusal to provide a specimen. If the former, Pace will make whatever accommodation is reasonable in light of all circumstances relevant to the case. If the latter, the employee's failure to provide an adequate amount of urine will be regarded as a refusal to submit to take the test and the employee will be discharged. In pre-employment testing involving an applicant who cannot provide an adequate specimen within the three (3) hour period, the applicant will be disqualified from consideration for employment with Pace (without resort to an MRO referral). An employee who is unable to provide an adequate amount of breath for alcohol testing will be directed to obtain an evaluation from a licensed physician who is acceptable to Pace concerning the employee's medical ability to provide an adequate amount of breath. If the physician concludes that a medical condition has or could have precluded the employee from providing an adequate amount of breath, the employee's failure to do so will not be regarded as a refusal to take the test. If the physician is unable to make such a determination, the employee's failure to provide an adequate amount of breath will be regarded as a refusal to take the test and the employee will be discharged. An applicant who is unable to provide an adequate amount of breath for alcohol testing will be disqualified from consideration for employment with Pace (without referral to a physician).
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Inability to Provide Adequate Amount of Urine Specimen or Breath. Any Sergeant who is unable to provide an adequate amount of urine specimen for drug testing will be given liquids and an ample opportunity to produce the specimen. This time period will not exceed three (3) hours from the beginning of the collection procedure. In all cases involving a Sergeant who cannot provide an adequate specimen within the three (3) hour period, a Village-designated MRO shall refer the Sergeant for a medical evaluation to develop pertinent information concerning whether the Sergeant’s inability to provide a specimen is genuine or constitutes a refusal to provide a specimen. If the former, the Village will make whatever accommodation is reasonable in light of all circumstances relevant to the case. If the latter, the Sergeant will be subject to discipline, up to and including discharge. Any Sergeant who is unable to provide an adequate amount of breath for alcohol testing will be directed to obtain an evaluation from a licensed physician who is acceptable to the Village concerning the Sergeant’s medical ability to provide an adequate amount of breath. if the physician concludes that a medical condition has or could have precluded the Sergeant from providing an adequate amount of breath, the Sergeants failure to do so will not be regarded as a refusal to take the test. If the physician is unable to make such a determination, the Sergeant’s failure to provide an adequate amount of breath will be regarded as a refusal to take the test and the Sergeant will be subject to discipline, up to and including discharge.
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