(A) Urine collection procedures.
(1) The testing procedure starts with the collection ofa urine specimen.
(2) Collection procedures will follow the specific guidelines set forth by the U.S. Department of Transportation as outlined in the published collection procedures guidelines.
(3) Employees will be directed to empty their pockets and display the contents to the collector.
(4) Employees will be allowed privacy during the collection process except as noted in division (A)(5) below.
(5) Observed collections are required by DOT if:
(a) The specimen is determined invalid and there is no medical explanation.
(b) The specimen is determined to be negative-dilute with a creatinine value greater than 2 mg/dl but less than 5 mg/dl.
(c) The collector observes evidence of an employee’s attempt to tamper with the specimen.
(d) The temperature of the specimen is out of range.
(e) The specimen appears to have been tampered with.
(f) The test is a return-to-duty or follow-up test.
(6) Observed collections may be required on return-to-duty and follow-up tests.
(7) As part of the collection process, the specimen provided will be split into two portions; a primary specimen and a secondary (split) specimen.
(8) If the employee is unable to provide 45 milliliters of urine, the DOT “shy bladder” rule will apply. The employee will have up to three hours to provide the required 45 milliliters, and may consume up to 40 ounces of fluids during this time period. The employee will be required to be monitored during the waiting period.
(9) After collection, the specimen will be submitted to a SAMHSA-certified laboratory for testing.
(B) Laboratory procedures.
(1) Drug testing will be performed through urinalysis. Urinalysis will test for the presence of drugs and/or metabolites of the following controlled substances: marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).
(2) The SAMHSA-certified laboratory will perform initial screenings on all primary specimens. In the event that the primary specimen tests positive, a confirmation test of that specimen will automatically be performed. If the confirmatory test is positive it will be reported to the Medical Review Officer (MRO) as a positive.
(C) Validity testing.
(1) The laboratory must also perform validity testing on each specimen received. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. The following will be measured: creatinine level, specific gravity, and pH. In addition, all specimens will be tested for known adulterants. An initial validity test is performed first, followed by a confirmation test if required.
(2) All laboratory results will be reported by the laboratory to a MRO designated by the town or its agents.
(D) MRO procedures.
(1) All tests results will undergo a review process by the MRO.
(2) Negative test results will be reported directly to the town by the MRO.
(3) Positive, adulterated, or substituted results will be handled in the following manner by the MRO:
(a) Before reporting a positive, adulterated, or substituted test result to the town, the MRO will attempt to contact the employee to discuss the test result.
(b) The employee is required to discuss the result with the MRO. The employee will be allowed to explain and present medical documentation to explain any permissible use of a drug.
(c) For adulterated or substituted results, the employee must demonstrate that he or she did produce or could have produced urine, through physiological means, a specimen meeting the creatinine and specific gravity criteria of a substituted or adulterated specimen.
(d) If the MRO is unable to contact the employee directly, the MRO will contact the DER designated in advance by the town, who shall, in turn, contact the employee and direct the employee to contact the MRO. Upon being so directed, the employee shall contact the MRO immediately or, if the MRO is unavailable, at the start of the MRO’s next business day.
(e) If, after failing to contact the MRO within 72 hours after being instructed to do so by the DER, or if the employee cannot be contacted at all within ten days, or the employee expressly declines the opportunity to discuss the test, the MRO may verify the test as positive or a refusal.
(f) In the MRO’s sole discretion, a determination will be made as to whether a result is verified as positive, negative, or considered a refusal.
(g) After any verified positive or refusal to test determination, the employee may petition the MRO to reopen the case for reconsideration.
(E) Diluted specimens. If a test is reported as negative and diluted, it will be the policy of the town to require an immediate recollect for another test. The employee will be given the minimum possible advance notice to report for another test. The result of this second test will become the test of record. If the second test is also negative and diluted, the test will be accepted as a valid test and no additional testing will be required. If the employee is directed to take another test and declines to do so, this will be considered a refusal to test and have the consequences of a refusal to test.
(F) Medical information disclosure. Pursuant to DOT regulations, if, in the MRO’s opinion, any information provided may mean a medical disqualification or represent a safety hazard, such as the use of certain prescription drugs, the MRO must disclose this to the employer. Individual test results for employee applicants and employees will be released to the town and will be kept strictly confidential unless consent for the release of the test result has been obtained. Any individual who has submitted to drug testing in compliance with this procedure is entitled to receive the results of such testing upon written request.
(G) Safeguards for the integrity of the drug testing process.
(1) The collector must obtain photo identification from the donor or identification by supervisor prior to administering the test.
(2) The employee will be asked to wash his or her hands.
(3) The donor signs the chain of custody form signifying the correctness of data for test reporting.
(4) Electronic communication of test results from the laboratory into the MRO reporting system with no external human intervention.
(5) The specimen container and specimen bottles are individually wrapped and unwrapped in employee’s presence.
(6) After the specimen is provided in a reasonable time, the collector inspects it for sufficient volume, temperature, and signs of tampering. If a specimen is not provided, the employee will be referred to a MRO to determine whether there is a valid medical reason. If there is, the employee must still attempt to provide a specimen each time his or her name is drawn.
(7) After the specimen is given to the collector, the remaining collection procedures are conducted in donor’s view.
(8) The specimen bottles and shipping container are sealed with tamper evident seals.
(9) The donor will be asked to sign the seals covering the specimen bottles identifying they were sealed in his or her presence.
(10) The specimen bottle seals match the identifying seals on the chain of custody form.
(11) The laboratory will check the specimen bottles upon receipt to insure the seal has not been broken. If the seal has been broken the laboratory will report the test as cancelled.
(12) Blind sample submission through the laboratory for quality control.
(13) A collector who has completed the qualification training as mandated in CFR Part 49 as amended will perform the collection.
(Ord. 2-2018, passed 3-25-2018)