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the employee, that the conduct or performance problem could be due to <br />the illegal use of a controlled substance and/or the use of alcohol, the <br />employee will be immediately required to submit to a breath test or <br />urinalysis. If the employee refuses to submit to testing for any reason, <br />the employee will then be informed that continued refusal will result in <br />disqualification from performing his/her job and possible disciplinary <br />action up to and including termination. <br />D. Employees will be asked to release any evidence relating to the <br />observation for further testing. Failure to comply may subject the <br />employee to subsequent discipline or suspension from driving or other <br />duties. All confiscated evidence will be receipted for with signatures of <br />both the receiving supervisor, as well as the provider. <br />E. Within twenty-four (24) hours or before the results of the controlled <br />substance test and/or alcohol test are released, the DER shall document <br />in writing the particular facts related to the employee's suspect behavior <br />or performance problems that led to the reasonable suspicion test; and <br />shall maintain this documentation in appropriate DOT and/or non -DOT <br />files. <br />F. The DER shall remove or cause the removal of the employee from the <br />Company -owned vehicle, equipment and/or property and ensure that <br />the employee is transported to an appropriate collection site and <br />thereafter to the employee's residence or, where appropriate, to a place <br />of lodging. Under no circumstances will that employee be allowed to <br />continue to operate or drive a Company vehicle or piece of equipment <br />until a confirmed negative test is received. <br />G. If an alcohol test cannot be administered within two (2) hours after it is <br />determined that reasonable suspicion exists, Rieth-Riley will maintain a <br />file stating the reasons for the delay. If the alcohol test is not <br />administered within eight (8) hours after it is determined that reasonable <br />suspicion exists, then Rieth-Riley will cease efforts to administer the test <br />and will record the reasons why the test was not administered. <br />5.9 Return to Duty Testing A return to duty test will be required for all employees who <br />have violated this policy (test positive or refuse to test). The employee may not return to <br />duty until he or she passes (tests negative) a drug test and/or tests below any <br />measurable level for breath alcohol and the MRO, or SAP, and Rieth-Riley have <br />determined that the employee may return to duty. <br />5.10 Follow-up Testing Any employee who has returned to work following a violation <br />of this policy will be subject to follow-up testing. The employer will require, at a minimum, <br />six (6) follow-up tests within the first twelve (12) months following an employee's return <br />to work. Frequency of testing thereafter will be based on the recommendations of the <br />3.2-10 01116 <br />