16.0 REFUSALS TO PERMIT TESTING AND
TAMPERING
16.1 Refusal to take a DOT drug test.
(49 CFR Part 40.191)
16.1.1 An
employee is considered to have refused to take a drug test if the employee:
16.1.2 Fails
to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by a railroad supervisor.
16.1.3 Fails
to remain at the testing site until the testing process is complete.
16.1.4 Fails
to provide a urine specimen for any drug test required by the regulations or DOT agency regulations (within three hours) (49 CFR Part 40.193(b)(4)).
16.1.5 Fails
to permit the observation or monitoring of a test, when required (49 CFR Part 40.67(l) and 49 CFR Part 40.69(g)).
16.1.6 Fails
to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (49 CFR Part 40.193).
16.1.7 Fails
or declines to take a second test the employer or collector has directed the employee to take.
16.1.8 Fails
to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under 49 CFR Part 40.193(d).
16.1.9 Fails
to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process).
16.1.10 Fails
to remain available following an accident or casualty as required by company rules (i.e., being absent without leave) is considered a refusal to participate in testing, without regard to any subsequent provision of
specimens (49 CFR part 219.11(b)(3)).
16.1.11 If
the MRO reports that an employee has a verified adulterated or substituted test result, the employee has refused to take a drug test.
16.2 Consequences of unlawful refusal (49 CFR Part 219.107)
16.2.1 An employee who refuses to provide breath or a body fluid specimen or specimens when required to by the railroad under a mandatory provision of Federal regulations must be deemed disqualified from covered service
for a period of nine (9) months (49 CFR Part 219.107(a)).
16.2.2 The requirement of disqualification for nine (9) months does not limit any discretion on the part of the railroad to impose additional sanctions for the same or related conduct (49 CFR Part 219.107(d)).
16.3 UP
Policy: Refusal to Test and Tampering
16.3.1 An employee who refuses to provide breath or a body
fluid specimen or specimens when required, or remain available after an accident, is considered insubordinate under Union Pacific rules.
16.3.2 An employee who is unable to provide a breath or a
body fluid specimen or specimens will be directed to a licensed physician who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen for a medical evaluation.
16.3.3 Failure to provide a urine specimen within three
hours for any drug test required by this policy, is considered refusal.
16.3.4 An on-duty employee is required to immediately
participate in a drug or alcohol test required by a manager.
16.3.5 When an employee refuses to participate in a drug
or alcohol test, the employee will be removed from service and be subject to discipline, up to and including dismissal.
16.3.6 Employees dismissed for refusal will not be allowed
to take part in the Employee Assistance Program.
16.3.7 Tampering, or attempting to tamper, with a sample
in order to prevent a valid test (e.g., through substitution, dilution or adulteration of the sample) constitutes refusal.