Opening of Bids - 2018 Street Paving Project No 118-070 - Walsh & Kelly Inc

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Tie employer may verify the employee's card after row (4) days to reconftmr the status and if the employee's status is still NIA, Ole employer may terminate the employee. An employee who receives a slaltxs of NIA a second (2) time will be referred to the Employee Assistance Program far ossessmem, mid will be required to follow the recommendations of the HAP Counselor before being considered for further assignments. The status of Clear (CL) will be restored only with wvillerl approval of dhe EAP. This procedure will protect the employee's confidentiahty and allow lice employerio audit die stales orhhsAheremployees, which nmy be required by the owner to be sul ndlled montihly. A person who provides an insufficient specimen of urine or breath whhen required to do so shall be referred to an appropriate medical professional, as designated by the BCRC for evaluation at Ole participant's expense. If the medical evaluation fails to reveal an acceptable medical explanation for the inability to provide a specimen, the donor shall be considered to have refused to test mid discipline shall be imposed according to this policy. If p ]egilimale medical reason is revealed, no action shall be taken mid the employed shall be reimbursed by BCRC for the medical evaluation expense. TLU Ehp T. S.S,PE_, l�..AiEN An employee providing a diluted specimen will he given the opportunity to return to a collection site within fail -eight (4a) hours to provide a second (2) specimen, on his ter own time. Employees should refrain Rom excessive consumption of fluids prior to the retest. No adverse action or discipline shall be taken against any employee based on a first (I) diluted specimen. A second (2) diluted specimen, without a valid medical reason, will be treated as a refusal to subtml to testing 25 4. A continued positive or a "N1A" status will not he the sale basis for lennination of employment. Only employees µfro we in non-compliance with this program may be discharged. For the purposes of this provision, "noncompliance" shall mean one or more ofthe following: • Failure to report in the program's Employee Assistance Progmnh as directed, Failure to follow andlor complete a EAP-prescribed treatment progrmL • Failure to take a retum-lo-duly or follow-up test, Failure to report for a random test request within seven (7) days, • Failure to submit to a drug malcohal lest whhen requested to do so by the EAP 5. All individual testing positive for a third (3) time in a twelve (12) month period shall not W permitted to take a Return-lo-Duty lest for one (1) year and hiAer BCRC Substance Abuse Card shall be irnulidated for the some time period. The individual must also complete an EAP-prescribed treatment program before reluming to wok, For the purposes of this policy, a negative lest most occur before any future positive tests will be counted as additional strikes. 6. An employee whose test results ere verified positive will be referred to the EAP by die MRO. The employee is expecied to attend all appointments with the EAP counselor and to follow Ole EAP counselors instructions. RETURN -TO -DUTY TESTING The return -to -duty lest is required for an employee to be re -instated into the program following a positive test. The participant must have a negative drug lest before resunting performance of his/)her jab duties. FOLLOR'-UP TESTING ADULTERATED, SUBSTITUTED, ANUIOR OUT-OF-TERIPERATURE RANGE SPECIMEN When a urine specimen is reported as adulterated, or substituted, or uiten the temperature range is below 90 degrees or above too degrees F., the employee will be considered to have not cooperated with the lestme, process, and the lest will be considered a refusal to be tested. In addition, Ole employee who has refused to be lasted, or who uses or possesses a cota3terfeit drug card, shall be subject to employer discipline up to and including discharge, subject to tile representation language. 1. An employee who tests positive for drugs "or alcohol shall be contacted directly by the Medical Review Officer (MRO). If the MRO verifies die results of the positive test, the MRO will notify the individual that he or she is ineligible for work and he/she will be directed to contact lire pmgram's Employee Assistance Program (EAP) for consuliation and review. If the MRO contacts the individual and finds Thal there is a reason rot the positive test (an authorized prescriptive medication) the MRO will downgrade the result to a negative, end the individual's card will be marked "CV'. 2, In the case of a confimhed positive drug or alcohol lest, the Third Party Administrator (TPA) will be notified that the employee's status should he marked "NIA". The "NIA" status will be effective at die moment that a confirmed positive test is received 3. Before returning to work, an employee most (1) complete on evaluation vvidh the ptograWs Employee Assistance Program provided by the BCRC EAP Provider, (2) follow a treatment plan prescribed by We pmgsam's EAP, (3) obtain written documentation front tile program's EAP verifying fitness for duty, and (4) obtain a negative result on a return -to -duty lesl- 26 Follow' -up testing for drags and alcohol is a requirement in order for a returning employee to stay in compliance Witt the BCRC Program Testing shall be determined by the Employee Assistance Counselor, and will be implemented vdhen the employee returns to walk. DISPUTED POSITIVE RESULTS An employee who disputes positive results shall have the right to have luOier initial sample independently re -tested by a Department of Health and Idummi Services (DHHS) certified laboraloiy of his/her choice, at his/her own expense, within ten (lo) working days of when Wshe was notified of the test resells- A portion ofthe initial sample shall be f lrowded under a chain - of -custody directly by BCRC's testing laboratory to the laboratory selected by the individual, Review of die drug tell result mum be performed by a qualified MRO who has been approved by BCRC. If the second lab report shows the presence of a controlled substance, die test result will be considered positive. If the second lab report test indicates no presence of aconlrolled substance, then boot tests will be considered negative. Tie following section only applies when tlheemployee tests due to Post -Accident or Probable Cause: If the test is negative, the affiliated emp€oyerwill reimbursethe individual for conhpensalim lost at the appropriate rate within tlhecollective bargaining agreement, strnighl or premium pay, during the period of hisdner disciplinmy suspension or termination and will reimburse die individual for the cost of the re -test. An individual whose test results are verified positve will be referred to die EAP by the MRO. The individual is avpecied to attend all appointments with like EAP counselor mid to follow the cotrnselor's recommendations and requirements, A posdivealedhol testing conducted on a breadh sample cannot be re -tested. 27 28