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DISPUTED POSITIVE RESULTS <br />An Employee who disputes the results of a Positive Test or a <br />Non -Negative Test for drugs shall have the right to have his/her <br />initial sample independently re -tested by a Department of Health <br />and Human Services (HHS) certified laboratory of his/her choice, <br />at his/her own expense, but such re -testing will only be performed <br />if BCRC receives a cashiers check, money order, travelers check, <br />or cash for such re -testing within ten (10) business days after <br />the Employee was notified of the test results that the Employee <br />elects to dispute. If the Employee timely requests and pays for <br />the retesting, a portion of the initial sample (or split specimen) <br />shall be forwarded under a Custody and Control Form directly by <br />BCRC's testing laboratory to the HHS laboratory selected by the <br />Employee. Review of the drug test result must be performed by a <br />qualified MRO who has been approved by BCRC. If the second <br />lab report shows the presence of a drug or drug metabolite equal <br />to or greater than the cutoff concentrations, the test result will <br />be considered Positive. If the second lab report test indicates no <br />presence of a drug or drug metabolite equal to or greater than the <br />cutoff concentration, then both tests will be considered negative. <br />The following section only applies when the Employee tests due <br />to Post-Accident/Incident Testing or Probable Cause Testing: <br />If the test is negative, the affiliated Employer will reimburse the <br />Employee for compensation lost at the appropriate rate within <br />the Collective Bargaining Agreement, straight or premium pay, <br />during the period of his/her disciplinary suspension or termination <br />and will reimburse the Employee for the cost of the re -test. <br />An Employee, whose test results are verified Positive by the <br />MRO, will be referred to the EAP by the TPA (BCRC). The <br />Employee is expected to attend all appointments with the EAP <br />Counselor, and to follow the EAP Counselor's recommendations <br />and requirements. A Positive alcohol test conducted on a breath <br />sample cannot be re -tested. All problem situations shall be <br />resolved in accordance with current guidelines and standards <br />established by the U.S. HHS/SAMHSA or U.S. Department of <br />Transportation. <br />M <br />