Opening of Bids - Gemini at Washington-Colfax Apartments - Project No 118-080B - Pauls Welding Inc - Bid Security Chk Submitted

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Pre -duty use: No driver shall perform safety -sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety -sensitive functions. Use following an accident. No driver required to take a post -accident alcohol test under 382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post -accident alcohol test, whichever occurs first. Refusal to submit to a required alcohol or controlled substances test (1) Fail to appear for any test (except a pre -employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner -operator) to appear for a test when called by a CITPA (see 40.61 a of this title); (2) Fall to remain at the testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences (see 40.63 c of this title) a pre- employment test is not deemed to have refused to test; (3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations. Provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see 40.63 c of this title) for a pre -employment test is not deemed to have refused to test; (4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver's provision of a specimen (see 40.67 I and 40.69(p) of this title); (5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2) of this title); (6) Fail or declines to take a second test the employer or collector has directed the driver to take; (7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d) of this title. In the case of a pre- employment drug test, the employee is deemed to have refused to test on this basis only if the pre -employment test is conducted following a contingent offer of employment; 4