Opening of Bids - Demolition of Rabbi Shulman Apartments Proj No 125-014 - Pitsch Companies

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to obtain drug and alcohol testing records (including positives and refusals to test) from each previous employer (including, whether or not hired, every employer to whom the employee applied to perform any duty designated as a safety -sensitive function by a DOT agency regulation) during the previous 3 years [(See 49 CFR 391.23 (e)]; iii. Likewise, the Company is required to provide such information about test results to potential employers when authorized by the employee in writing, or to others (e.g., in connection with legal proceedings) when required or permitted by Federal or State law. (See 40.25, 40.323-331) iv. The MRO must report drug test results and medical information obtained during the verification process to third parties (e.g., the employer, medical examiner, SAP, DOT agency, or NTSB) under various circumstances without the employee's consent if the MRO determines (in his/her reasonable medical judgment), that: (a) The information is likely to result in a determination that the employee is medically unqualified under an applicable DOT agency regulation; or (b) The information indicates that continued performance by the employee of his or her safety -sensitive function is likely to pose a significant safety risk. (See 49 CFR 40.327 for additional information.) v. In accordance with DOT regulations, the Company and its service agents will provide access to facilities, property, and records to DOT agency representatives; and, in accordance with 49 CFR 40.323, may release an employee's confidential information to officials involved in any action that arises by or on behalf of the employee (e.g., unemployment, worker's compensation hearings, etc.) without the employee's consent. However, the Company or service agent (e.g., MRO) must immediately notify the employee in writing of any such release of information. vi. MROs will be required to report verified positive, adulterated, and substituted controlled substances test results along with any refusal to test determinations to the National Clearinghouse [Ref 382.705 (a) (i, ii)] B-7 REQUIREMENT TO SUBMIT TO TESTING Employees are required to submit to all drug and/or alcohol testing required by DOT regulations or by this Company policy and must appear for such testing within a reasonable time (as determined by the Company), after being directed to do so by the Company. [See 40.61(a), 40.191(a) and Appx B def: "Immediately'] B-8 REFUSAL TO SUBMIT TO TESTING [See 40.25, .191, .261, 285, 382.213 and 382.107 definition of refuse to submit] General. In addition to consequences imposed by DOT agency regulations, an employee's Refusal to submit to testing at the direction of the Company or law enforcement personnel will subject the employee to disciplinary action up to and Including discharge, solely at the option of the Company. (a) As an employee, you have refused to take a drug or alcohol test if you: (1) Fail to appear for any test (except a pre -employment test) within a reasonable time, consistent with FMCSA regulations as determined by the Company, (or, if an owner -operator, by a C/TPA per 40.61(a)]; (2) Fail to remain at the testing site until the testing process is complete, Provided, That an employee who leaves the testing site before the testing process commences (see 40.63(c)) for a pre -employment test is not deemed to have refused to test; (3) Fail to provide a urine specimen for a drug test or fail to attempt to provide a saliva or breath specimen, as applicable, for a drug or 2020 Drug Screens Plus. All Rights Reserved_ (18) FMCSA 20200101 266