§ 36.073  DRUG URINALYSIS.
   (A)   Drug testing will be performed through urinalysis.  Urinalysis will test for the presence of drugs and/or metabolites of the following controlled substances:
      (1)   Marijuana;
      (2)   Cocaine;
      (3)   Opiates;
      (4)   Amphetamines; and
      (5)   Phencyclidine (PCP).
   (B)   The urinalysis procedure starts with the collection of a urine specimen.  Urine specimens will be submitted to a SAMHSA-certified laboratory for testing.  As part of the collection process, the specimen provided will be split into two vials:  a primary vial and a secondary vial.  The SAMHSA-certified laboratory will perform initial screenings on all primary vials.  In the event that the primary specimen tests positive, a confirmation test of that specimen will be performed before being reported by the laboratory to the medical review officer (MRO) as a positive.
   (C)   All laboratory results will be reported by the laboratory to a medical review officer (MRO) designated by the town.  Negative test results shall be reported by the MRO to the town.  Before reporting a positive test result to the town, the MRO will attempt to contact the driver to discuss the test result.  If the MRO is unable to contact the driver directly, the MRO will contact the President of the Town Council, who shall in turn contact the driver and direct the driver to contact the MRO.  Upon being so directed, the driver shall contact the MRO immediately or, if after the MRO’s business hours and the MRO is unavailable, at the start of the MRO’s next business day.  In the MRO’s sole discretion, a determination will be made as to whether a result is positive or negative.
   (D)   Pursuant to Department of Transportation regulations, individual test results for driver applicants and drivers will be released to the town and will be kept strictly confidential unless consent for the release of the test results has been obtained.  Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of that testing upon timely written request.
   (E)   An individual testing positive may make a request of the MRO to have the secondary vial tested.  The driver may request that the secondary vial be tested by a different SAMHSA-certified lab than tested the primary specimen.  The individual making the request for a test of the second specimen must prepay all costs associated with the test.  The request for testing of a second specimen is timely if it is made to the MRO within 72 hours of the individual being notified by the town of a positive test result.
(Ord. 95-22, passed 12-27-1995; Am. Ord. 05-04, passed 2-28-2005)