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Orange County Personnel Rules and Regulations Manual Issue Date: 10/21/09 11 <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 an t� test (except a pre - employment test) within a <br />reasonable time, as determined by the employer, and consistent <br />with applicable DOT agency re%ulations. after being directed to do <br />so by the employer. This includes the failure of an employee to <br />appear for a test when called by a third party administrator; <br />b. Fails to remain at the testing site until the testing process is <br />complete (except a pre - employment test), <br />C. Fails to provide a urine specimen for any drug test 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 of your provision <br />of a specimen; <br />e. Fails to provide a sufficient amount of urine when directed, and it <br />has been determined, through 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) as part of the verification <br />process, or as directed by the Designated Employer Representative <br />(DER). In the case of a pre - employment drug 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 />employment. If there was no contingent offer of employment, the <br />MRO will cancel the test; or <br />h. Fails to cooperate with any part of the testing_ process (e.g., refuse <br />to empV 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 clothing <br />Page 8 <br />