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A "positive" alcohol test result shall mean alcohol concentration at or above .04%. <br />f. In the case of a "positive" drug test result, the participant shall be so <br />advised by the Medical Review Officer ("MRO"), on a confidential basis, <br />prior to the repotting of the results to the employer, and the participant <br />shall have the right to discuss and explain the results including the right to <br />advise the MRO of any medication prescribed by the participant's own <br />physician which may have affected the results of the test. Expired <br />prescriptions will not be accepted by the MRO as a valid explanation for a <br />positive lab result. Use of hemp products will not be an acceptable <br />explanation for a positive marijuana test result. Use of CBD oil that <br />complies with Indiana law will not cause a participant's specimen to test <br />positive for marijuana and therefor will not be an acceptable explanation <br />for a positive marijuana test result. The MRO may order additional <br />laboratory tests in the course of verifying a prescription that is known to <br />contain THC, the metabolite of marijuana that is detected on the testing <br />panel. After notification to the participant, the employer and the union <br />shall be notified by 10:00 a.m. the following business day. <br />The MRO may verify tests as positive without having communicated <br />directly with an individual about the results if the individual expressly <br />declines the opportunity to discuss the test or does not return a call to the <br />MRO service in a timely manner. If the MRO needs assistance with <br />reaching a collective bargaining participant, the MRO must only seek <br />assistance from the participant's union, not the participant's contractor. <br />g. A participant testing "positive" shall have the right to have the split <br />specimen or the balance of the original sample tested at another SAMSHA <br />accredited lab if the participant makes a written request to retest to the <br />Substance Abuse Policy Coordinator within 72 hours of receipt of notice <br />of a positive drug test from MRO. A retest is based on the presence of the <br />controlled substance. If no presence is detected, the test will be <br />considered negative, and the participant shall be allowed to resume work <br />immediately and be reimbursed for the cost of the test, and lost time, if <br />any. A retest will not be conducted until the participant has paid for the <br />test. The participant must prepay the cost of retest at the time he/she <br />requests the retest with an acceptable form of payment (credit card, cash, <br />or money order.) <br />h. Alcohol tests, when required, will be conducted by a trained Breath <br />Alcohol Technician (BAT) if possible. Screening tests may be done using <br />an evidential breath -testing device (EBT) or non -evidential screening <br />devied'approved by the National Highway Traffic Safety Administration. <br />Confirmatory tests will be done using an evidential breath -testing device. <br />If it is not possible to test using the breath, then a saliva test or blood draw <br />may be performed. Standard DOT breath alcohol testing procedures will <br />An MRO is a licensed physician who has knowledge of substance abuse disorders and the <br />appropriate medical training to interpret and evaluate all positive test results together with <br />an individual's medical history and any other relevant biomedical information. <br />-4- <br />