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Browning Chapman, LLC <br />DRUG FREE WORKPLACE POLICY <br />Chapter 5 Page 12 of 477 © Safety Resources, Inc. 2016 <br />Medical Review Officer (MRO): A licensed physician responsible for receiving laboratory results generated by a <br />substance abuse testing program, who has knowledge of substance abuse disorders, and who has received appropriate <br />medical training to interpret and evaluate an individual’s medical history, and any other relevant biomedical <br />information, as certified by either the American Medical Association (AMA) or the American College of Occupational and <br />Environmental Medicine (ACOEM). <br /> <br />Negative Test: A negative test is obtained if: (1) the screen test indicated the absence of legal or illegal substance in <br />excess of the screen limit; or, (2) the screen test indicates the presence of legal or illegal substances in excess of the <br />screen limit but the confirming test indicates the absence of legal or illegal substance in excess of the confirmation <br />limits; or, (3) the screen test and confirmation test indicated the presence of a legal or illegal substance(s) in excess of <br />the limits but the donor had a valid medical reason for the substance being detected in the specimen. <br /> <br />Owner: The Corporation, company, agency, person, or other entity, that hires contractors to perform construction work <br />and/or maintenance work on their premises. <br /> <br />Positive Alcohol Test: A positive alcohol test result is obtained if the breathalyzer test, or its equivalent test, indicates <br />the presence of alcohol that meets or exceeds the cut-off limits of the DOT and the Commercial Driver’s License (CDL) <br />guideline requirements listed in this policy. <br /> <br />Positive Drug Test: A positive test result is obtained if the substance abuse test result indicates the presence of <br />substances that meet or exceed both the screen and confirmation limits listed in this policy, as verified by a Medical <br />Review Officer (MRO), and the MRO has determined th at the test results do not stem from use of prescription <br />medicines, over the counter medicines, food, or any cause other than the use of illegal substances. This would also <br />include the illegal use of prescription drugs. Examples would include exceeding the dose of a prescription or over the <br />counter drug and/or using prescription drugs without a prescription. <br /> <br />Pre-employment/Pre-Job Site Entry: Screening of prospective employees to ascertain whether an applicant is capable <br />of safely performing his duties and of meeting the pre-requisites for employment. <br /> <br />Probable Cause/Reasonable Suspicion: Shall be defined as those circumstances, based on objective evidence about the <br />worker’s conduct in the work place, which would cause a reasonable person to believe that th e worker is demonstrating <br />signs of impairment due to alcohol or other drugs. It must be based on specific observance(s), which are relative to the <br />current situation/surroundings that concern the appearance, behavior, speech, or body odors of the employee. It is <br />advisable that the objective evidence that gives rise to probable cause is observed by at least two individuals, but it is <br />recognized that in certain circumstances the observation may be made by only one individual. Examples of objective <br />evidence include when a worker shows signs of impairment such as difficulty in maintaining balance, slurred speech, or <br />erratic or atypical behavior. Record of such observation must be documented, and the supervisor must provide the <br />employee with a copy. <br /> <br />Random Testing: An unannounced, unscheduled drug and/or alcohol test, pursuant to an objective method for random <br />selection of employees to be tested. The selection must be truly random without discrimination or arbitrary selection. <br />Upon notification the employee must immediately report for testing. <br /> <br />Refusal to Test: It is considered a refusal to test if the employee adulterated and/or substituted or refused to provide his <br />urine specimen, or if he failed to appear for testing within a reasonable time, or to remain at the testing site until testing <br />process is complete, or failed to provide a sufficient amount of urine without a medical reason, and/or failed to undergo <br />an MRO directed medical evaluation for such a reason. Failure to cooperate with any part of the testing pr ocess, <br />including the use of abusive language or behaving in a threatening manner, or behaving in a confrontational way that <br />disrupts the testing procedure, shall also be considered a refusal to test. A refusal to test will be treated in the same <br />manner as a person who has a positive test result. <br />