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(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets <br />when so directed by the collector, behave in a confrontational way that disrupts the <br />collection process), or <br />(9) Is reported by the MRO as having a verified adulterated or substituted test result. <br />Controlled substances use: <br />No driver shall report for duty or remain on duty requiring the performance of safety - <br />sensitive functions when the driver uses any controlled substance, except when the use <br />is pursuant to the instructions of a licensed medical practitioner, as defined in 38§ 2.107, <br />who has advised the driver that the substance will not adversely affect the driver's ability <br />to safely operate a commercial motor vehicle. <br />(b) No employer having actual knowledge that a driver has used a controlled substance <br />shall permit the driver to perform or continue to perform a safety -sensitive function. <br />(c) An employer may require a driver to inform the employer of any therapeutic drug <br />use. <br />Controlled substances testing: <br />No driver shall report for duty, remain on duty or perform a safety -sensitive function, if <br />the driver tests positive or has adulterated or substituted a test specimen for controlled <br />substances. No employer having actual knowledge that a driver has tested positive or <br />has adulterated or substituted a test specimen for controlled substances shall permit the <br />driver to perform or continue to perform safety -sensitive functions. <br />Engaging in unlawful manufacture, distribution, dispensing, possession, or use of <br />prohibited substances is prohibited by any safety -sensitive employee of Paul's <br />Welding Inc employees who violate this provision will be terminated. <br />All employees of Paul's Welding Inc are required to notify their supervisor within <br />five (5) days of any criminal drug statue conviction. Failure to comply with this <br />provision shall result in termination. <br />G. Compliance with Testing Requirements <br />All employees in safety -sensitive positions will be subject to urine drug testing <br />and breath alcohol testing. A refusal to test is considered a positive test result <br />and will lead to immediate removal from duty, referral to a Substance Abuse <br />Professional (SAP), and termination of employment. The following items <br />constitute a refusal to test. <br />5 <br />