(A) Drug testing procedures.
(1) The facilities to be used for testing must be secured during drug testing by visual inspection to ensure other persons are not present or undetected access is not possible. Bluing agents shall be placed in toilet tanks wherever possible so the reservoir of water in the toilet tank always remains blue. If there is any other source of water, it shall be effectively secured and monitored to ensure it is not used as a source for diluting the specimen. Security must be maintained throughout the collection process. No unauthorized personnel shall be permitted in any part of the designated collection site during the collection procedure.
(2) The driver must be positively identified by photo identification or by the identification of the driver by the driver's employer (this government entity's) representative. The driver will be asked to remove any outer garments such as a coat or jacket. All personal belongings such as briefcases or purses must remain with the outer garments. The wallet may be retained by the driver.
(3) The driver must wash and dry his/her hands before providing the specimen. The specimen shall be given in a private stall or partitioned area for individual privacy unless there is reason to believe that a particular driver may alter or substitute the specimen. If the collector observes conduct clearly and unequivocally indicating an attempt to adulterate or substitute the specimen, the collector shall immediately inform this government entity, note any unusual findings on the chain of custody form, and forward the specimen to the lab. Whenever there is reason to believe the driver has altered or substituted the specimen (either by look, color, or vision of an altered specimen or the driver refuses to provide an oral temperature), the driver shall be required to provide a second specimen as soon as possible under direct observation by a collector of the same gender.
(4) The urine specimen shall be placed in a split sample container. The "primary sample" shall be at least 30 ml. of urine. The "split sample" shall be at least 15 ml. of urine.
(5) After the specimen container is handed to the collector, the driver should observe the specimen at all times until it is sealed and labeled (this is for the driver's protection to ensure it is his/her specimen). The driver is to initial the identification label which will be placed on the specimen container for proof that it is his/her specimen. The driver will also be required to sign the chain of custody form as proof that the specimen identified as having been collected from the driver is in fact the driver's.
(6) Both samples are then sent by overnight delivery, along with proper copies of the custody and control form to the DHHS/SAMHSA-certified laboratory for analyses. The laboratory will forward all results to the MRO. All results will be reviewed by the MRO. Negative drug test results are then released by the MRO to Mid-West Truckers Association (our drug and alcohol testing consortium), which will forward them to the Illinois Municipal League, which will then forward the results to this government entity. If there is evidence of a positive result, a second more stringent test (confirmation test) will be conducted. If the confirmation test is still a positive result, the MRO will call the driver to give him/her the opportunity to discuss the positive test result.
(7) The positive result is then released by the MRO to Mid-West Truckers Association (our drug and alcohol testing consortium), which will forward the result to the Illinois Municipal League, which will forward the result to this government entity, who has the authority to take employment action against the driver for drug use (see Disciplinary Action Option in the policy).
(B) Shy bladder. If the driver is unable to provide at least 45 ml. of urine, the collection site person shall instruct the driver to drink not more than 40 oz. of fluids, and after a period of up to three hours, again attempt to provide a complete sample of at least 45 ml. using a fresh collection container. Any insufficient specimen shall be discarded. If the driver is still unable to provide an adequate specimen after the three hour period, the insufficient specimens shall be discarded, testing discontinued and this government entity so notified. The driver shall be referred for a medical evaluation by a licensed physician who is acceptable to this government entity to develop pertinent information concerning whether the driver's inability to provide a specimen is genuine or constitutes a refusal to test. If the licensed physician, in his or her reasonable medical judgment, is unable to make the determination after the evaluation, the driver's failure to provide an adequate amount of urine will be a refusal to test. The medical evaluation shall be forwarded to our MRO who shall report his conclusions, in writing, to this government entity.
(2) In pre-employment testing, if this government entity does not wish to hire the driver who fails to provide an adequate specimen because of shy bladder, the driver need not be referred for a medical evaluation.
(C) Split sample analysis.
(1) If the driver requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the driver must transmit in writing to the Medical Review Officer that he/she wishes to have the split specimen tested at a different DHHS/SAMHSA certified laboratory. The driver must include the MRO's name and address, the driver's name, social security number, and Mid-West Truckers Association Consortium membership number. The driver must sign his name and forward it by fax or mail to the MRO. The MRO will then prepare the documentation and forward it to the laboratory that is storing the split specimen. That lab will then prepare the documentation and send both the split specimen and the documentation to another DHHS/SAMSHA lab for the split specimen testing. Pending the result of the split specimen test, the driver is not allowed to remain in a safety-sensitive function.
(2) If a driver is unable to contact the MRO within 72 hours, the driver may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes there is a legitimate explanation for the driver's failure to contact the MRO within 72 hours, the MRO shall direct that the analysis of the split specimen be performed.
(3) Under this government entity's independent authority, any driver who requests a split specimen analysis will be required to assume all costs assessed to this government entity by the Consortium for such testing.
(4) The provisions of this section do not apply to an applicant who refuses to submit to a pre- employment drug test.
(Ord. 936, passed 5-20-98)