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Employee based on a first (1St) Dilute Specimen, unless the first <br />(1St) Dilute Specimen is confirmed to be a Positive Test or the <br />Employee fails to provide the second (2nd) specimen in <br />compliance with the applicable time period and procedures set <br />forth herein. If the Employee timely provides the second (2nd) <br />specimen in compliance with the applicable time period and <br />procedures set forth herein, then the second test (and not the <br />first test) shall be treated as the test result of record. A second <br />(2nd) Negative Dilute Specimen will be treated as a refusal to <br />submit to testing and a Non -Compliant Event, unless: (a) a <br />Medical Professional determines that there is a valid medical <br />reason for the second (2nd) Negative Dilute Specimen, or <br />(b) such treatment is prohibited by applicable law. <br />If the first (1St) Dilute Specimen is confirmed to be a Positive <br />Test, then the first (1St) test shall be treated as a Positive Test and <br />no retest shall be performed. If the second (2nd) Dilute Specimen <br />is confirmed to be a Positive Test, then the second (2nd) test shall <br />be treated as a Positive Test, regardless of the results of the first <br />(11t) Dilute Specimen. <br />ADULTERATED SUBSTITUTED AND/OR <br />OUT -OF -TEMPERATURE SPECIMEN <br />When a urine specimen is reported as an Adulterated Specimen, <br />a Substituted Specimen, an Out -of -Temperature Specimen <br />(meaning the specimen is below 90°F or above 100°F at the time <br />the specimen is obtained at the collection site) or the Employee <br />compromises the testing protocol (i.e., washes his/her hands, <br />flushes the toilet, etc.) prior to being given direction from the <br />collection professional, the Employee will be considered to have <br />not cooperated with the testing process, the test will be considered <br />a refusal to be tested, and the specimen/test will be treated as a <br />Non -Compliant Event, unless such treatment is prohibited by <br />applicable law. In all such cases, the Employee shall be referred <br />to the TPA (BCRC) and he/she will be directed to contact the <br />program's Employee Assistance Program (EAP) for consultation, <br />c <br />