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If an employee does not provide a sample at an approved <br />collection site within seven (7) days of having been notified of a <br />random selection, his/her status in the BCRC Substance Abuse <br />Program will be deemed "Not Available." Employees who fail to <br />report for a random test in the required time should contact the <br />Third Party Administrator (TPA). If an employee does not report <br />for a random test, and it is the first (1) time the employee has <br />failed to report, the TPA may allow the employee to take the test <br />without reporting to the EAP for further review. Employees may <br />choose to take a "First Occurrence Clause" at this time. <br />Employees may utilize this clause only one (1) time. However, <br />once this "First Occurrence Clause" has been utilized, an <br />employee who fails to report for a random test at any time in the <br />future will be required to contact to the EAP for evaluation and to <br />receive instructions on the required procedure(s) for removing the <br />"Not Available" status from his/her card. <br />PROBABLE CAUSE TESTING <br />An employee may be subject to drug and alcohol testing for <br />Probable Cause based on observed and documented unusual <br />behavior. Circumstances sufficient to lead a reasonable person to <br />suspect that an employee is under the influence of,, or is in <br />possession of a controlled substance shall be determined by an <br />immediate supervisor and should be confirmed by one other <br />supervisor whenever possible. The immediate supervisor shall <br />document, in writing, the incident and the probable cause basis <br />for such testing. The documentation shall specifically detail the <br />behavior and conduct of the employee, the location, date, time, of <br />observation, conversations, witnesses, (if any), and should be <br />signed by the supervisor who witnessed the incident. Such <br />employees may request that a union representative be available or <br />present prior to any action taken by an employer, if any, at any <br />stage of the policy and its administration. <br />16 <br />