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the waist and lower their pants and underpants to show the observer, by turning around that they do not have a prosthetic device on their person. After this is done, they may return their clothing to its proper position and contribute a specimen in such manner that the observer can see the urine exiting directly from the individual into the collection container, as required under current regulations. An immediate observed collection will also occur when: an employee produces a sample out of the temperature range; shows evidence of tampering/adulterant; if the original specimen appeared to have been tampered with; is required on all return to duty and follow up tests; if the laboratory reported to the MRO that a specimen is invalid and the MRO reported that there was not an adequate medical explanation for the result; the MRO reported that the original positive, adulterated or substituted test result had to be canceled because the split specimen could not be performed. (See Part 40.67 for additional instructions.) All insufficient breath alcohol test results (shy lung) and all inability to produce urine samples (shy bladders) will result in the employee being relieved from duty immediately pending a medical evaluation. The employee will be instructed to proceed to the City's Medical Review Officer (MRO) to conduct the medical evaluation. If there is no valid medical reason for not providing a breath sample or urine sample, the employee will be considered a refusal to test. (See Employer Action on Positive Test Result and Refusal to Test.) The covered employee relieved from duty because of a shy lung or shy bladder cannot return to safety-sensitive duty until they are cleared by the Medical Review Officer. Covered employees that are informed by the Medical Review Officer of a confirmed positive drug test result, or a verified refusal to test because of adulteration or substitution, have 72 hours to request a test of the split specimen sample. If an employee requests an analysis of the split specimen within 72 hours of notification of a verified positive test, or a verified refusal to test because of adulteration or substitution, the Medical Review Officer shall direct the laboratory in writing to provide the split specimen sample to another Department of Health and Human Services (DHHS) certified laboratory for analysis as required in Part 40 procedures. During the time for the retest, the employee will be relieved of duty with pay pending the results of the split specimen sample. The employee can only resume safety-sensitive functions if the MRO declares the test is negative. If the MRO declares the test is positive, the employee will be relieved of duty immediately. (See Employer Action on Positive Test Result and Refusal to Test. ) This policy complies with the Federal Transit Administration's (FTA) drug and alcohol testing regulations (49 CFR Parts 40 and 655) and the Drug Free Workplace Act of 1988. This policy is provided to help employees and contractors better understand the requirements of the drug and alcohol testing procedures and regulations. A copy of this policy shall be provided to all covered employees, representatives of employer organizations, and contractors as required by Part 655. Copies of 49 CFR Part 40 (Procedures for Workplace Drug and Alcohol Testing) will be maintained for reference in the Human Resources Department. SIB _Drug-Free_ Workplace]rogram_-_ W-CDL Page 36 of4I 12/15/201 I