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22.0 Reasonable Suspicion Drug Testing <br /> 22.1 Employees will be required to submit to drug and/or alcohol testing when a supervisor has <br /> "reasonable suspicion" as defined in this Policy, to believe that an employee is using or has used <br /> drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which <br /> formed his or her determination. A copy of this documentation will be given to the employee upon <br /> request within seven days from the date of the supervisor's determination of"reasonable suspicion." <br /> 23.0 Confidentiality and Records Maintenance <br /> 23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be <br /> maintained by the Risk Manager in accordance with Florida law. All information, records,drug test <br /> results in the possession of the County, laboratories, employee assistance programs and drug and <br /> alcohol rehabilitation programs will be kept confidential. No such program's information or records <br /> will be released unless written consent, signed by an employee or job applicant, is provided or <br /> unless disclosure of such information or records is compelled by court order. The County may also <br /> disclose such information when relevant in any civil, disciplinary, or administrative hearing. The <br /> County will maintain records concerning drug testing separate and apart from a job applicant or <br /> employee's personnel file. <br /> 24.0 Challenge of Test Results of Drug Test Under Florida Law <br /> 24.1 An employee or job applicant who receives a positive confirmed test result may challenge the result <br /> by requesting retesting at the employee's expense. <br /> 25.0 Medical Review Officer's Responsibilities for Testing Under Florida Law <br /> 25.1 The Medical Review Officer (MRO)shall fully comply with all of the requirements set forth in Rule <br /> 59A-24.008(1)Florida Administrative Code,as it may from time to time be amended. The MRO shall <br /> be a licensed physician who has knowledge of substance abuse disorders, laboratory testing <br /> procedures, chain of custody collection procedures, and medical use of prescription drugs and <br /> pharmacology and toxicology of illicit drugs. <br /> Drug and Alcohol Testing of Commercial Drivers License Holders <br /> In addition to the policies and procedures set forth above, some employees who are required to operate commercial <br /> motor vehicles are subject to drug and alcohol testing as required by the Omnibus Transportation Employee Testing Act <br /> of 1991, 49 USC 2714-2717 (1993), and pursuant to all applicable procedures and regulations promulgated by the <br /> Department of Transportation and the Federal Highway Administration,as well as any additional policy adopted by the <br /> County pursuant to those federal laws and regulations. In cases where the requirements of both federal and state drug <br /> and alcohol laws and regulations and/or the County's Drug-Free Workplace Policy may be applicable,the requirements <br /> of federal drug and alcohol laws and regulations will control if a conflict arises between federal law and regulations <br /> and the requirements of state law or the County's Drug-Free Workplace Policy. <br /> Federal Transit Administration Drug and Alcohol Testing <br /> Employees designated as safety-sensitive in accordance with the Federal Transit Administration regulations will be <br /> subject to the drug and alcohol testing requirements contained in 49 CFR Part 655, "Prevention of Alcohol Misuse and <br /> Prohibited Drug Use in Transit Operations." For these positions, the County complies with 49 CFR, Part 40, <br /> "Procedures for Transportation Workplace Drug Testing Programs." <br /> A safety-sensitive employee will be required to submit to secondary testing when the MRO informs the County that a <br /> negative test was dilute(i.e.,a creatinine concentration of less than 20 milligrams per deciliter and a specific gravity <br /> of 1.0003 or less). <br />