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Terms <br />Definitions <br />Refusal to Test <br />The following are considered a refusal to test if the employee: <br />0 Fails to appear for any test (excluding pre-employment) within a reasonable time, as <br />determined by the employer, after being directed to do so by the employer. <br />o Fails to remain at the testing site until the testing process is complete. <br />o Fails to provide a urine or breath specimen for any drug or alcohol test required by the <br />company's policy. <br />0 In the case of a directly observed or monitored collection in a drug test, fails to permit <br />the observation or monitoring of his/her provision of a specimen. <br />0 Fails to provide a sufficient amount of urine or breath when directed, and it has been <br />determined, through a required medical evaluation, that there was no adequate medical <br />explanation for the failure. <br />o Fails or declines to take a second test the employer or collector has directed the <br />employee to take. <br />o Fails to undergo a medical examination or evaluation, as directed by the MRO as part of <br />the verification process, or as directed by the DER as part of the "shy bladder" or "shy <br />lung" procedures. <br />0 Fails 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). <br />0 If the MRO reports that there is verified adulterated or substituted test result. <br />o Failure or refusal to sign Step 2 of the alcohol testing form. <br />Security-Sensitive <br />A position in which the normal or periodic job responsibilities of the employee entail, at <br />Position <br />some point and to some degree, access to cash, securities, bonds, or other negotiable <br />Non-DOT <br />instruments, and/or precious and/or valuable commodities; involve the use of, or access <br />to, firearms and/or other weapons and/or armaments; involve protection of property, <br />valuables, and/or individuals; relate to matters of national security, military, or law <br />enforcement; and/or entail access to assets and/or information vital to, sensitive for, <br />and/or with high proprietary interest to the Company [and for whom the illicit use of drugs <br />and/or misuse of alcohol by the employee in that position could compromise the interests <br />of the Company and/or any individual or entity affiliated to, or in contact with, the <br />Company]. Associated with a Non-DOT Drug Free Workplace. <br />Service Agent <br />Any person or entity, other than an employee of the employer, who provides services <br />specified under this part to employers and/or employees in connection with DOT drug and <br />alcohol testing requirements. This includes, but is not limited to, collectors, BATS and <br />STI's, laboratories, MROs, substance abuse professionals, and C/TPAs. To act as service <br />agents, persons and organizations must meet the qualifications set forth in applicable <br />sections of this part. Service agents are not employers for purposes of this part. <br />Shipping <br />A container that is used for transporting and protecting urine specimen bottles and <br />Container <br />associated documents from the collection site to the laboratory. <br />Shy Bladder <br />If the driver cannot provide a specimen at the initial attempt, the driver will be urged to <br />drink up to 40 oz. of water. The amount of water is to be spaced out over a three hour <br />period. The driver is not required to drink the water by 49 CFR Part 40 regulations. <br />If the driver does not provide a specimen, or refuses to provide a specimen, the test will <br />