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2.10 Refusal to Submit to a Test <br />Any covered employee who refuses to submit to a drug or alcohol test will be considered to be in <br />violation of this policy and will be subject to discipline, up to and including discharge. A refusal <br />to test may be grounds for immediate discharge. <br />As an employee, you have refused to test if you: <br />• Fail to appear as directed for any test within a reasonable time, as determined by the <br />City of Eugene; <br />• Fail to remain at the collection site until the collection process is complete; <br />• Fail to provide sufficient quantities of breath or urine to be tested without a valid <br />medical explanation for the failure; <br />• Fail to undergo a medical examination or evaluation, as directed by the City of Eugene <br />or the MRO as part of the testing process; <br />• Fail to sign the certification on the Alcohol Testing Form (ATF); <br />• Fail to cooperate with any part of the testing process; <br />• Decline or fail to take a second test as directed by City of Eugene or the collector; <br />• Tamper with or attempt to adulterate the specimen or collection procedure; <br />• Fail or decline to report to the testing facility for a post accident test, when directed to <br />do so by the City of Eugene; <br />• In the case of a required, directly observed, or monitored collection in a drug test, fail to <br />permit the observation or monitoring of your provision of a specimen; or <br />A refusal to submit to a drug or alcohol test is considered a positive test under DOT and FMCSA <br />regulations. The employee will be referred to a SAP for evaluation and advised of the resources <br />available to evaluate and resolve problems associated with drag and alcohol abuse. The <br />employee will be subject to discipline, up to and including termination. The employee will be <br />provided transportation to histher residence. <br />City of Eugene Page 2 -10 DOTlFMCSA Drag & Alcohol Policy <br />September 2010 Information Packet <br />