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participant is in his own vehicle and on his own time, it will not be treated as a <br />positive. <br />Test results will be disclosed only to those management participants and union <br />representatives with a "need to know." <br />Any information related to a participant's drug or alcohol test results will <br />otherwise be disclosed only if: <br />(1) The participant gives written permission to release the information; <br />(2) The information is released as evidence in an arbitration hearing, <br />administrative proceeding, or legal action; <br />(3) The information is released as part of a governmental investigation; or <br />(4) Required by law, as follows: <br />i. Lawsuits (e.g. wrongful discharge action) <br />ii. Grievances (e.g. an arbitration concerning disciplinary action taken <br />by the employer) <br />iii. Administrative proceedings (e.g. an unemployment compensation <br />hearing) <br />iv. Criminal or civil actions — to the decision maker in the proceeding <br />(e.g. the court in the lawsuit) <br />All records and information regarding the personnel actions taken with respect to <br />participants with verified positive test results will be maintained in a confidential <br />file with the employer and/or the local union. <br />As a condition of employment, participants are expected to abide by the terms of <br />this policy. To enforce this policy, a contractor may, from time to time, as part of <br />an investigation, inspect personal property and all contractor property and <br />equipment. This does not include a participant's personal vehicle. <br />Participants have an obligation to respond to the Substance Abuse Policy <br />Coordinator or their union hall if either is attempting to reach the participant <br />regarding this program. Failure to respond within a reasonable amount of time <br />could result in an Invalid card status for the participant or a refusal to test to be <br />recorded for the participant depending on the circumstances. Art participant's <br />failure to cooperate with action to investigate and enforce this policy will subject <br />the participant to discharge. <br />The governing body of this Policy and Program is the Drug Testing Policy Committee, <br />whiI <br />h is comprised of an equal number of labor and management representatives. This <br />body may in%stitute negotiated changes to the policy outside the scope of any general <br />collective bargaining negotiations. This body will generally follow the DOT guidelines <br />when periodically modifying preliminary cut off and confirmation levels and adding new <br />drugs. <br />-13- <br />