Refusal to Submit or Provide a Sufficient. Sample 1. Employees who refuse to submit to required testing shall be considered to have tested positive. Further, employees who purposely do not provide a sufficient sample shall also be considered to have tested positive, provided the employee has been provided adequate liquids and determined that there is no physiological explanation for the employee’s ability to produce a sample. For purposes of this article, a positive test result shall mean .04 or greater for alcohol or a level above those established by the Department of Transportation in the screening and confirmatory tests for marijuana, cocaine, amphetamines, opiates, and phencyclidine. 2. The Engineer may also offer the opportunity for rehabilitation, subject to paragraph 3C, to employees on a case-by-case basis who test positive as a result of a reasonable suspicion, random, or post-accident test. Employees who test positive as a result of a follow-up or return to duty test shall be terminated. 3. Employees offered rehabilitation under this section shall be notified of available resources for evaluation and treatment.
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Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement