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The failure to provide a sufficient amount of urine to permit a drug test without verified medical documentation supporting a diagnosis of a medical condition which has, or with a high degree of probability could have, precluded the employee from providing a sufficient amount of urine will be considered a "refusal to test". 2.7 Positive Drug Test Results A covered employee who has a verified positive drug test result, including dilute specimens testing positive, will be immediately removed from his/her safety - sensitive position, referred to a SAP for evaluation, and advised of resources available to evaluate and resolve problems associated with drug abuse. It is the City of Eugene's policy that the covered employee who has a verified positive drug test may be subject to discipline, up to and including discharge. If the MRO verified a drug test as positive for a drug or drug metabolite, or as a refusal -to -test because of adulteration or substitution, the employee must be notified of his/her right to have the split specimen tested. A covered employee will have 72 hours, including holidays and weekends, from the time of notification to the employee by. the MRO or the City of Eugene, whichever occurs first, in which to request that the split specimen be analyzed at a different HHS- approved laboratory. The covered employee will be responsible for paying the cost of the split sample testing. If the result of the test of the split specimen fails to confirm the presence of the drug(s) or drug metabolites) found in the primary specimen, or fails to confirm the finding of an adulterated or substituted specimen, the MRO will cancel the test and report the cancellation, and the reasons for it, to the City, the covered employee, and DOT. The covered employee will be returned to duty and will be compensated for time and benefits lost as a result of the positive drug test result. The City will reimburse the employee for the cost of the split sample testing. The request by a covered employee for an analysis of the split specimen will not delay the removal of the covered employee from his/her safety - sensitive position. 2.8 Breath Alcohol Testing Procedures All breath specimens must be collected through the use of an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA). The breath alcohol tests will be conducted by a trained breath alcohol technician (BAT) at a site that provides privacy to the covered employee being tested to the greatest extent practicable. Prior to specimen collection the covered employee and the BAT must complete, date, and sign a DOT Alcohol Testing Form (ATF) indicating the covered employee is present and providing a breath specimen. Failure to sign the ATF is considered a refusal -to -test. The BAT will conduct an initial screening test, requiring the covered employee to blow forcefully into a disposable mouthpiece, attached to the EBT, for at least six seconds or until an City of Eugene Page 2 -8 DOT /FMCSA Drug & Alcohol Policy September 2010 Information Packet