Page 137 - School Bus Operators and Attendants Handbook

POLICIES

f. After the MRO has verified a positive test result to the District, the tested covered employee may
contact the MRO and present information documenting the reasons (serious illness, injury or
other circumstances) that prevented the individual from communicating with either the MRO or
the District representative. The MRO, may, upon review of the reasons, reopen the verification
and allow the covered employee to present information concerning a legitimate explanation for
the confirmed positive test. If the MRO concludes that there is a legitimate explanation, the MRO
will declare the test to be negative.

g. The District shall provide upon request to the tested individual–covered employee, volunteer, or
job applicant–a copy of the test results.

13. Challenges to Test Results

a. A positive test result does not automatically identify an employee as having used drugs in
violation of this Policy; therefore, providing the MRO with detailed knowledge of possible
alternative explanations is important to the review of results and is the responsibility of the
employee/applicant/volunteer.

b. The MRO shall notify an employee whose test result has been confirmed as positive of the right
to request an independent analysis within seventy-two (72) hours. If the employee requests the
independent analysis within seventy-two (72) hours, the MRO shall take appropriate action to
direct the analysis. Such independent analysis shall be conducted by "split specimen," at the
employee’s expense, with sufficient specimen being retained for later verification testing.

c. If the employee fails to contact the MRO within seventy-two (72) hours but later contacts the
MRO and presents information documenting the reasons (serious illness, injury, inability to
contact the MRO, lack of actual notice of a verified positive test result or other circumstances)
that prevented the employee from timely contacting the MRO, the MRO may conclude that
there is a legitimate explanation for the employee’s failure to contact the MRO within seventy-
two (72) hours and may direct the analysis of the split specimen.

d. The tested employee shall bear the expense of any employee-requested testing of a specimen.

e. All aspects of the testing process, including any challenge to the testing process, will be kept
confidential except as stated below and as required by law.

14. Record Retention, Confidentiality and Disclosure Requirements

a. The District shall maintain records of its alcohol misuse and controlled substances use prevention
program as provided for in accordance with Title 49 CFR, Parts 40 and 382. The records shall be
maintained in a secure location with controlled access.

b. The District must maintain the following specific types of records and all other documents
generated by the District in accordance with Title 49, CFR, Parts 40 and 382:
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