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Orange County Personnel Rules and Regulations Manual Issue Date: 10/21/09 1 ~ <br />have refused to test and will be subject to the same consequences as having <br />a positive test. <br />2. Behavior That Constitutes Refusal to Submit to a Test. An employee or an <br />applicant is deemed to have refused to submit to a test if the following <br />occurs: <br />a. Fails to appear for any test (except apre-employment test) within a <br />reasonable time as determined by the employer, and consistent <br />with applicable DOT agencyregulations after being directed to do <br />so bythe employer. This includes the failure of an employee to <br />appear for a test when called bra third party administrator; <br />b. Fails to remain at the testing site until the testing_process is <br />complete except apre-employment test); <br />c. Fails to provide a urine ~ecimen for an~ teg st required by this <br />part or DOT agency regulations except a pre-employment test); <br />d. In the case of a directly observed or monitored collection in a drug <br />test fails to permit the observation or monitoring ofS our provision <br />of a specimen; <br />e. Fails to provide a sufficient amount of urine when directed, and it <br />has been determined throu hg a required medical evaluation, that <br />there was no adequate medical explanation for the failure; <br />f. Fails or declines to take an additional drug test the employer or <br />collector has directed you to take; <br />g. Fails to undergo a medical examination or evaluation, as directed <br />by the Medical Review Officer (MRO~part of the verification <br />process or as directed by the Designated Employer Representative <br />DER) In the case of afire-employment drub test, the employee is <br />deemed to have refused to test on this basis only if the pre- <br />employment test is conducted following a contingent offer of <br />em~loyment If there was no continent offer of employment, the <br />MRO will cancel the test; or <br />h. Fails to cooperate with an~part of the testing_process (e.g., refuse <br />to empty pockets when directed by the collector, behave in a <br />confrontational way that disrupts the collection process, fail to <br />wash hands after being directed to do so by the collector); <br />For an observed collection, fails to follow the observer's <br />instructions to raise your clothing above the waist, lower clothin <br />Page 8 <br />