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Follow-up testing for drugs and alcohol is a requirement in order for a returning <br />employee to stay in compliance with the BCRC Program. Testing shall be determined by <br />the Employee Assistance Counselor, and will be implemented when the employee returns <br />to work. <br />DISPUTED POSITIVE RESULTS <br />An employee who disputes positive results shall have the right to have his/her initial <br />sample independently re -tested by a Department of Health and Human Services (DHHS) <br />certified laboratory of his/her choice, at his/her own expense, within ten (10) working <br />days of when he/she was notified of the test results. A portion of the initial sample shall <br />be forwarded under a chain -of- custody directly by BCRC's testing laboratory to the <br />laboratory performed by a qualified MRO who has been approved by BCRC. If the <br />second lab report shows the presence of a controlled substance, the test result will be <br />considered positive. If the second lab report test indicates no presence of a controlled <br />substance, then both tests will be considered negative. <br />The following section only applies when the employee tests due to Post -Accident or <br />Probable Cause: If the test is negative, the affiliated employer will reimburse the <br />individual for compensation lost at the appropriate rate within the collective bargaining <br />agreement, straight or premium pay, during the period of his/her disciplinary suspension <br />or -termination and will reimburse the individual for the cost of the re -test. <br />An individual whose test results are verified positive will be referred to the EAP by the <br />MRO. The individual is expected to attend all appointments with the EAP counselor and <br />to follow the counselor's recommendations and requirements. <br />All problem situations shall be resolved in accordance with current guidelines and <br />standards established by the U.S. DHHS or Department of Transportation. <br />APPEALS AND PROTECTIONS <br />Employees who are subject to this policy continue to have access to the usual protections <br />provided as a part of their union membership and/or as members of bargaining units <br />covered by collective bargaining agreements. Such individuals may request that a union <br />representative be available or present prior to any action taken by an employer, if any, at <br />any stage of the policy and its administration. If an individual is aggrieved by any action <br />taken under this Drug an Alcohol Policy and his/her complaint cannot be resolved, the <br />complaint may, if the individual or Union requests, be referred as a grievance under the <br />grievance and arbitration provisions of the individual's collective bargaining agreement. <br />In the event the matter is referred to arbitration, the arbitrator shall be bound <br />substantively by the provisions of this Drug and Alcohol Policy. <br />16 <br />