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by the Company will be grounds for refusal to hire employee/applicant(s) and to discipline <br />existing employee(s) up to and including termination. A refusal to test would include any <br />of the following situations: <br />5.3.1 Failing to appear for any test within a reasonable time after being directed <br />to do so. <br />5.3.2 Failing to remain at the testing site until the testing process is completed <br />5.3.3 Failure to provide a breath sample, saliva sample or urine sample as <br />directed or in some isolated cases, a sample as directed by the Service Agent. <br />5.3.4 Failure to permit, if the situation requires, the observation or monitoring of <br />providing a urine specimen. <br />5.3.5 Failure to provide a specimen, as directed, within required time frames may <br />be considered a refusal. If an employee cannot provide a sufficient quantity of urine <br />or breath, he/she will be directed to be evaluated by a physician of the Company's <br />choice. If the physician cannot find a legitimate medical explanation for the inability <br />to provide a specimen, (either breath or urine), it will be considered a refusal to <br />test. <br />5.3.6 Failure to undergo a medical examination or evaluation as directed by the <br />MRO as part of the verification process, or as directed by the DER as part of a "shy <br />bladder" or "insufficient breath" situation. <br />5.3.7 Failing to take or declining to take a second test as required by this policy <br />or DOT regulations. <br />5.3.8 Failure to cooperate with any part of the testing process and/or conduct <br />that would obstruct the proper administration of a test (e.g., refusing to empty <br />pockets when so directed by the collector, behave in a confrontational way that <br />disrupts the collection process). <br />5.3.9 Refusing to sign Step 2 of the Alcohol Testing Form as found in Appendix <br />6 to 49CFR Part 40 <br />5.3.10 A report from the MRO that you have a verified adulterated or substituted <br />test result. <br />5.3.11 For an observed collection, failure to follow the observer's instruction to <br />raise your clothing above the waist, lower clothing and underpants, and to turn <br />around to permit the observer to determine if you have any type of prosthetic or <br />other device that could be used to interfere with the collection process. <br />5.3.12 Possess or wear a prosthetic or other device that could be used to interfere <br />3.2-6 01 /16 <br />