National Master Automobile Transporters Agreement For the Period ...

Article 30In any reasonable cause circumstance, an Employer representative will transport theindividual to an appropriate collection/testing facility and await the completion of thecollection/testing procedure. The Employer representative will then transport theemployee back to the Employer's premises.Where reasonable cause drug testing is to be conducted, the employee will be requiredto provide a urine specimen for laboratory testing.If requested, the employee will sign a consent form authorizing the clinic to collect aspecimen of urine and release the results of the urine laboratory testing to his/herEmployer's Medical Review Officer (MRO), in the case of D.O.T. covered employees,but shall not be required to waive any claim or cause of action under the law.An employee may raise an affirmative defense that the positive test result wasattributable to the proper use of a prescription medication. If the employee raises sucha defense to the Employer, at the employee's request, the Employer shall refer theemployee to a qualified physician to discuss the employee's explanation for the positivetest result. The qualified physician may decide that there is a legitimate explanationand declare the test to be negative. The employee may be required to provideevidence that a prescription has been lawfully prescribed by a physician.A refusal to provide a specimen will constitute a presumption of intoxication and/or theuse of a controlled substance, and the employee will be subject to discharge withoutthe receipt of a prior warning letter.Immediately after the specimen is provided, the individual collection bottles shall, in thepresence of the employee, be sealed, labeled and then initialed by the employee. Theemployee has an obligation to identify each bottle and initial same. The specimensshall be placed in the transportation container after being drawn. The container shallbe sealed in the employee's presence and the employee given an opportunity to initialthe container and witness his/her social security number placed on the container. Thecontainer shall be sent to the designated testing laboratory on that day or the soonestnormal business day by air courier or other fastest available method.Urine Sample Kit (Reasonable Cause Kit)The contents of the urine sample kit shall be as follows:1. Security seals for sealing and initialing each collection container; andtamper-proof shipping seals or sealing flaps for securing the exterior ofthe kit.76