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PROBABLE CAUSE TESTING <br />An Employee may be subject to Probable Cause Testing based on <br />a reasonable suspicion to believe that the Employee has violated <br />the BCRC Policy regarding drug and/or alcohol use that is <br />formed by specific, contemporaneous, articulable observations <br />concerning the appearance, behavior, speech or body odors of the <br />Employee. Such reasonable suspicion shall be determined by the <br />Contractor Participant Representative(s) who made the observations <br />(e.g., an immediate supervisor, other company official of the <br />Contractor Participant, etc.), and should be confirmed by one <br />other supervisor whenever possible. At least one of the Contractor <br />Participant Representatives who made the observations shall <br />document, in writing, the incident and the probable cause basis <br />for such testing. The documentation shall: (1) specifically detail <br />the appearance, behavior, speech and body odors of the Employee, <br />(2) state the location, date, time of observation, conversations, <br />witnesses (if any), and (3) be signed by at least one of the <br />Contractor Participant Representatives who made the observations, <br />witnessed the incident and prepared the documentation. Such <br />Employees may request that a Union Representative be available <br />or present prior to any action taken by a Contractor Participant, <br />if any, at any stage of the policy and its administration. There is <br />no stipend for these tests. By referring an Employee for Probable <br />Cause Testing, the Contractor Participant represents to BCRC <br />that the Contractor Participant has complied with these policies <br />and procedures and any other policies and procedures required <br />by law. BCRC has no obligation to determine or confirm that <br />the Contractor Participant has complied with such policies and <br />procedures. In the instances of Probable Cause Testing, it is <br />recommended, but not required, that two (2) Contractor <br />Participants shall transport the Employee to the testing facility. <br />The Contractor Participant must complete the BCRC Drug <br />and Alcohol Testing Notification Form. The form must be sent <br />to the BCRC Office via email to info@bcrcnet.com or facsimile <br />to 219-764-9510. A copy of the notification form can be found <br />as Attachment G at the back of this booklet. The form must be <br />received prior to the release of any testing information. <br />31 <br />