FTA DRUG POLICY REVIEW



FTA DRUG & ALCOHOL POLICY REVIEW

Date:

Agency Name:

Contact Person:

| |YES |NO |PARTIAL |COMMENTS |Date COMPLETED |

|Final approval by | | | |Section 655.15 of the regulations states the policy statement shall be| |

|governing board or highest ranking| | | |adopted by the local governing board of the employer or operator. If | |

|official | | | |there is no governing board with authority, the highest ranking | |

| | | | |official with authority must approve the policy. Policy must show | |

| | | | |proof of adoption. | |

|Revisions reviewed & approved by | | | |Anytime the policy is revised, the revision date must be noted in the | |

|governing board | | | |policy and the policy must include proof of adoption or approval of | |

| | | | |the revision | |

|Citing of appropriate FTA | | | |Policy should state that all FTA drug testing will be done in | |

|regulations | | | |accordance to procedures set forth in 49 CFR Part 40, as amended | |

| | | | |The policy must cite the appropriate FTA regulations (49 CFR Parts 40,| |

| | | | |as amended and 655). | |

|Policy statement | | | |The policy should begin with a statement describing the objective or | |

| | | | |purpose of the policy. The statement policy must also include the | |

| | | | |date the policy goes into effect and dates of any revisions. The | |

| | | | |policy must be kept current with federal regulatory changes and | |

| | | | |interpretations. | |

|Additional provisions (not | | | |Sections 655.15 state the policy must give covered employees specific | |

|required by FTA) indicated | | | |information indicating which provisions in the policy are mandated by | |

| | | | |the FTA rules and which are strictly company policy. All policies or | |

| | | | |consequences that are not mandated by the FTA, but required by the | |

| | | | |company must be clearly noted as such. This can be done by using bold| |

| | | | |or italicized type. | |

|Grantee’s specific job positions | | | |Sections 655.15 require the policy include the categories of employees| |

|subject to testing | | | |who are subject to the provisions of the regulations. All employees | |

|(Includes non-revenue service | | | |who perform safety-sensitive functions must be subject to the testing | |

|vehicle requiring CDL for | | | |provisions as per the FTA regulations. The policy should | |

|operation) | | | |Indicate that the employer reviewed duties performed by all employees | |

| | | | |to determine safety-sensitive positions and that any new job | |

| | | | |classifications will be analyzed for safety-sensitive duties. A list | |

| | | | |of the safety-sensitive job categories and corresponding company | |

| | | | |position titles that clearly identify which employees are specifically| |

| | | | |covered should be included in the policy or attached to the policy. .| |

|Safety Sensitive Categories | | | |Operating a revenue vehicle. | |

| | | | |Maintaining a revenue service vehicle or equipment used in revenue | |

| | | | |service. This does not apply to recipients of 5307 or 5309 that | |

| | | | |subcontract maintenance work out in an area less than 200,000 in | |

| | | | |population; or an employer who subcontracts maintenance work out that | |

| | | | |receives 5311. | |

| | | | |Controlling the dispatch or movement or a revenue service. | |

| | | | |Operating a revenue service vehicle (in or out of service). | |

| | | | |Operating a non-revenue service vehicle that requires a CDL. | |

| | | | |Carrying a firearm for security purposes. | |

| | | | |Supervisors, only, if they may perform a safety-sensitive duty. | |

| | | | |Volunteers are exempt from the drug testing policy unless they drive a| |

| | | | |vehicle which requires they have a CDL and/or performs a safety | |

| | | | |sensitive function and receives remuneration in excess of their actual| |

| | | | |expenses. | |

|Participation as a requirement of | | | |The policy should indicate that participation in the agency’s drug and| |

|employment | | | |alcohol testing program is a requirement of each safety-sensitive | |

| | | | |employee in accordance with 49 CFR Parts 655.15,.and therefore, is a | |

| | | | |condition of employment | |

|Required hours of compliance | | | |The policy must identify the time periods during which | |

| | | | |safety-sensitive employees must be in compliance with the alcohol | |

| | | | |rule. Per Section 655.33 an employee must not consume alcohol while | |

| | | | |performing a safety-sensitive function, four hours prior to performing| |

| | | | |a safety-sensitive function, , and up to eight hours following an | |

| | | | |accident or until the employee is post-accident tested, whichever | |

| | | | |occurs first. Use of prohibited drugs are prohibited at all times. | |

| | | | |Refusal to take a required drug or alcohol test is prohibited. | |

|Times when testing may occur | | | |The policy must state that alcohol can be tested just before, during | |

| | | | |and after performance of a safety sensitive function. Drugs may be | |

| | | | |tested for anytime while on duty. | |

|Prohibited behavior* | | | |The policy must state the employee behaviors that are prohibited by | |

| | | | |the FTA rules. Additionally the policy must prohibit any employee | |

| | | | |from engaging in unlawfully manufacturing, distributing, dispensing, | |

| | | | |possessing, or using controlled substances in the workplace consistent| |

| | | | |with the Drug-Free Workplace Act of 1988 | |

|Prescription and Over-The- Counter| | | |The policy must discuss the need to be aware of possible side effects | |

|Drugs* | | | |of prescription and over-the-counter drugs and establish how | |

| | | | |safety-sensitive employees are to report the use of these drugs to the| |

| | | | |employers and the consequences for not reporting use. This is company| |

| | | | |policy and must be so noted in the policy. The FTA suggests the topic| |

| | | | |be included in the policy. | |

|Notifying Transit System of | | | |Policy should state that safety sensitive employees are required to | |

|Criminal Drug Conviction* | | | |notify the employer of any criminal drug statute conviction for a | |

| | | | |violation occurring in the workplace within five days after such | |

| | | | |conviction, as stated in the Drug-Free Workplace Act of 1988. | |

|Circumstances for testing | | | |See boxes below | |

| | | | |The FTA requires that drug and alcohol tests be given to | |

| | | | |safety-sensitive employees under the following circumstances: | |

| | | | |Pre-employment (drug testing only for 5 prohibited drugs). | |

| | | | |Reasonable Suspicion, Post-Accident, Random, Return-To-Duty and | |

| | | | |Follow-Up. The policy must provide a detailed definition of the | |

| | | | |circumstances that will necessitate each type of test. | |

|Pre-Employment Testing | | | |Pre-Employment – The FTA only requires a drug test for the 5 | |

| | | | |prohibited drugs. An alcohol test is not required for Pre-Employment | |

| | | | |testing, however the FTA does encourage Pre-Employment Alcohol testing| |

| | | | |under company policy. (If Pre-Employment alcohol testing is done | |

| | | | |under company policy, the FTA regulations require it be done in | |

| | | | |accordance with 49 CFR Part 40 procedures.) The employer must receive| |

| | | | |a negative test result before an applicant can begin performing safety| |

| | | | |sensitive duties or transferring a current employee into safety | |

| | | | |sensitive duties. If the test is cancelled the applicant must retake | |

| | | | |and pass a drug test before being before performing safety-sensitive | |

| | | | |duties. | |

| | | | |If a safety-sensitive employee returns to safety sensitive duties that| |

| | | | |has been off for more than 90 days and has not remained in the random | |

| | | | |pool, must pass a Pre-Employment test before resuming duties. | |

| | | | |When a covered employee or applicant has previously failed a | |

| | | | |pre-employment drug test, the employee must present to the employer | |

| | | | |proof of successfully having completed a referral, evaluation and | |

| | | | |treatment plan as described in Sec. 655.41 | |

| | | | |Additionally this section should contain the following information. | |

| | | | |If otherwise qualified, an individual with permanent or long term | |

| | | | |disabilities that directly render them unable to provide an adequate | |

| | | | |urine specimen will be able to perform safety-sensitive duties despite| |

| | | | |their inability to provide urine during a pre-employment test. The | |

| | | | |MRO will determine long term inability to provide urine by medical | |

| | | | |examination and consultation with the employee’s physician | |

|Random Testing | | | |Policy must state that Random Testing is for Drug and Alcohol. | |

|Random selection method must be | | | |The policy must state that the random selection method used be a | |

|“Scientifically valid” and | | | |“scientifically valid method, such as a random number table or a | |

|selected at required percentages | | | |computer-based random number generator” that is mapped to the safety | |

| | | | |sensitive employee’s social security number. The selection process | |

| | | | |will guarantee that each covered employee will have an equal chance of| |

| | | | |being tested each time selections are made. The policy must also | |

| | | | |state the requirement that random testing must annually complete tests| |

| | | | |equivalent to 50% of the number of covered employees for drug testing | |

| | | | |and 25% of the number of covered employees for alcohol testing. These| |

| | | | |rates are subject to annual review and adjustment. | |

| | | | |The policy must state that the current annual rates are 25% for drugs | |

| | | | |and 10% for alcohol. | |

|Random testing spread reasonably | | | |Policy must state that Random testing shall be unannounced; | |

|throughout whole year on all days | | | |unpredictable testing of randomly-selected covered employees. The | |

|and all hours of transit operation| | | |policy will define the random testing period, i.e., monthly or | |

| | | | |quarterly. The testing will start in January and be spread reasonably | |

| | | | |throughout the calendar year and may be conducted on all days and | |

| | | | |hours during which transit service is in operation | |

|Random test dates are unannounced,| | | |The policy should state that a random test is unannounced and | |

|employee tested immediately | | | |immediate. When a covered employee is notified of selection for | |

| | | | |random drug or alcohol testing they must proceed to the test site | |

| | | | |immediately. | |

|No discretion | | | |The policy should state that there is no discretion on the part of | |

| | | | |management or operations in the selection and notification of | |

| | | | |individuals for testing. | |

|Reasonable Suspicion Testing | | | |Policy must state that only a trained supervisor may make reasonable | |

| | | | |suspicion testing referrals. Policy should describe that reasonable | |

| | | | |suspicion testing is required when one trained supervisor can | |

| | | | |articulate and substantiate (document) physical, behavioral and | |

| | | | |performance indicators of probable drug use or alcohol misuse by | |

| | | | |observing the appearance, behavior, speech or body orders of the | |

| | | | |covered employee. | |

| | | | |The policy should state that the supervisor or a company | |

| | | | |representative will escort the employee to the collection site. | |

| | | | |The supervisor making the decision to reasonable suspicion test may | |

| | | | |not act as the BAT or STT for that test. | |

|Post Accident Testing | | | |Post accident testing is required in the following situations: | |

| | | | |When there is a loss of life | |

| | | | |For a non-fatal accident in which an individual suffers a bodily | |

| | | | |injury and immediately receives medical attention away from the | |

| | | | |accident site | |

| | | | |Or | |

| | | | |If the mass-transit vehicle is a rubber-tire vehicle, any of the | |

| | | | |involved vehicles is disabled and towed away; or in the case where the| |

| | | | |mass transit vehicle is a rail vehicle or vessel and the mass transit | |

| | | | |vehicle is removed from service. | |

| | | | | | |

| | | | |When there is a fatality, all surviving covered employees operating | |

| | | | |the mass transit vehicle at the time of the accident must be tested. | |

| | | | |Additionally, all other covered employees whose performance could have| |

| | | | |contributed to the accident (i.e. maintenance personnel, controllers, | |

| | | | |etc.) must be tested | |

| | | | | | |

| | | | |If an employee can be immediately discounted, based on the best | |

| | | | |information available at the time of the decision, as a contributing | |

| | | | |factor in a non-fatal accident, they do not have to be tested. All | |

| | | | |other safety-sensitive employees (drivers, maintenance, dispatcher, | |

| | | | |etc.) not in the accident, but whose function could have contributed | |

| | | | |to the accident must be tested. | |

|Time Requirements for Post | | | |DOT regulations require that post accident drug testing be done as | |

|Accident Testing | | | |soon as possible after the accident but no longer than 32 hours and | |

| | | | |alcohol testing be done as soon as possible after the accident. If | |

| | | | |alcohol testing is not done within 2 hours, a report must be filed | |

| | | | |documenting the reason for not testing and attempts to complete the | |

| | | | |alcohol testing should continue for up to 8 hours. If alcohol testing| |

| | | | |is not completed within 8 hours or drug testing is not completed | |

| | | | |within 32 hours, the report must be updated with the reasons for not | |

| | | | |completing testing. | |

|Post Accident testing done on | | | |The policy should contain a discussion of the requirement to remain | |

|“Readily Available” basis | | | |“Readily Available” for testing in a Post-Accident situation This | |

| | | | |means the accident testing is not done until employees involved are | |

| | | | |done assisting in resolution of the accident or have received medical| |

| | | | |attention following the accident | |

| | | | |If an employee subject to post-accident testing does not remain | |

| | | | |readily available for testing, including failing to notify the | |

| | | | |employer of his/her location or leaving the scene of the accident | |

| | | | |prior to submission to the required drug and alcohol tests, their | |

| | | | |actions may be considered a refusal to test which results in the same | |

| | | | |consequences as a positive test; immediate removal from | |

| | | | |safety-sensitive duties and referral to a SAP. | |

|Post Accident Testing Exception | | | |The policy should indicate the results of a blood, urine, or breath | |

| | | | |test conducted by Federal, State, or local officials shall be | |

| | | | |considered to meet the requirements of this section, provided such | |

| | | | |test conforms to the applicable Federal, State, or local testing | |

| | | | |requirements, and that the test results are obtained by the employer. | |

|Second Chance Policy | | | |If the transit system has a Second Chance Policy, it must be so stated| |

| | | | |in the policy. | |

| | | | |If you have a zero tolerance policy it must be stated. | |

|Return to Duty Testing | | | |Policy must state that anyone who refused a test or had a positive | |

| | | | |test can only return to duty if: the transit system has a second | |

| | | | |chance policy and after evaluation by a SAP. The SAP must determine | |

| | | | |that the employee followed the recommendations of the SAP, including | |

| | | | |participation in any qualified rehabilitation program and the employee| |

| | | | |must have a verified negative return to duty drug and/or alcohol test,| |

| | | | |when the SAP determines it is appropriate, prior to returning to | |

| | | | |safety sensitive duties. | |

|Follow Up Testing | | | |Policy must define Follow Up testing as required unannounced testing | |

| | | | |after an employee who has refused a test or had a positive test result| |

| | | | |returns to work after passing the Return to Work Test. Follow up | |

| | | | |testing must be a minimum of 6 unannounced drug and/or alcohol tests | |

| | | | |during the first 12 months. An employee is subject to follow up | |

| | | | |testing for up to 60 months. The SAP determines the frequency and | |

| | | | |duration of follow-up testing. | |

| | | | |Follow-up testing is done in addition to the random testing required | |

| | | | |of all safety sensitive employees. | |

|Direct Observation | | | |The policy should describe that employees are subject to observed | |

| | | | |collections if the employee has: | |

| | | | |1. A dilute specimens with creatinine in the 2-5 range. | |

| | | | |2. An invalid test results with no valid medical explanation. | |

| | | | |3. Tested positive, adulterated, or substituted & their split | |

| | | | |specimens were not available for testing [splits not collected; | |

| | | | |missing or destroyed in transit]. | |

| | | | |4. Presented an out-of-temperature range specimens or tampered-with | |

| | | | |specimens at collection sites. | |

| | | | |5. A prior positive or refusals and is subject to Return-to Duty & | |

| | | | |Follow-Up drug testing. | |

| | | | | | |

| | | | |The policy should also state that employees having observed | |

| | | | |collections will be instructed to raise clothing, just above the | |

| | | | |navel; lower clothing, to mid-thigh; then turn around to show the same| |

| | | | |gender observers they do not have prosthetic devices for beating the | |

| | | | |tests. If no device is detected, the employee is permitted to return | |

| | | | |clothing to its proper observed-collection position. Then the observed| |

| | | | |collection will take place. | |

|Behavior constituting refusal to | | | |See boxes below | |

|submit to test. Refusal to test | | | |The policy must describe behaviors that constitute a refusal to take a| |

|constitutes a positive test | | | |test. The following situations are considered a refusal to test. Any| |

| | | | |of these situations of refusal to test constitute a verified positive | |

| | | | |test result. | |

| | | | |Verbal or written refusal to take the test | |

| | | | |Refusal to sign Step #2 on the USDOT Alcohol Breath Testing Form. | |

| | | | |Inability to provide sufficient quantities of breath or urine to be | |

| | | | |tested without a valid medical explanation. A physician must provide | |

| | | | |a written conclusion that the employee’s inability to provide a urine | |

| | | | |or breath specimen has no medical cause. | |

| | | | |Conduct which prevents the completion of a required drug or alcohol | |

| | | | |test. Failure to cooperate with any part of the testing process. | |

| | | | |Tampering with or attempting to adulterate the specimen or collection | |

| | | | |procedure | |

| | | | |Failure to arrive at the collection site at all or in a timely manner.| |

| | | | |(except pre-employment) | |

| | | | |Leaving the scene of an accident without a valid reason before the | |

| | | | |tests have been conducted (Failure to remain Readily Available | |

| | | | |following an accident) | |

| | | | |Failure to remain at the testing site until the testing process is | |

| | | | |complete | |

| | | | |Failure to provide a urine specimen | |

| | | | |Failure to allow a directly observed or monitored collection when | |

| | | | |circumstances mandate it. | |

| | | | |Failure to take a second test the employer or collector has directed | |

| | | | |the employee to take. | |

| | | | |Failure to undergo a medical examination or evaluation as directed by | |

| | | | |the MRO | |

| | | | |A verified adulterated or substituted test result is a refusal to | |

| | | | |test. | |

| | | | |Refusal to cooperate with applicable Direct Observation Requirements. | |

| | | | |An employee admits to the collector or MRO that he or she adulterated | |

| | | | |or substituted their specimen. | |

| | | | |The employee behaves in a confrontational way that disrupts the | |

| | | | |collection process. | |

| | | | |The employee fails to follow the observer’s instructions to raise and | |

| | | | |lower their clothing and to turn around to permit the observer to | |

| | | | |determine if the employee has a prosthetic or other device that could | |

| | | | |be used to interfere with the collection process. | |

| | | | |The employee possesses or wears a prosthetic or other device that | |

| | | | |could be used to interfere with the collection process. | |

| | | | |The employee refuses to wash his or her hands – after being directed | |

| | | | |to do so. | |

|Negative Dilute Test Result | | | |The policy must state how the employer is going to handle a negative | |

| | | | |dilute drug test result. The employer has the option, under company | |

| | | | |policy, of accepting the result as negative or doing one retest.. If | |

| | | | |the retest comes back dilute again, the employee cannot be tested | |

| | | | |again and the test is considered negative. | |

|Proper Application of the Policy *| | | |Policy should state that the employer is dedicated to assuring the | |

| | | | |fair and equitable application of the substance abuse policy. It | |

| | | | |should state that supervisors/managers are required to use and apply | |

| | | | |all aspects of the policy in an unbiased and impartial manner and that| |

| | | | |any supervisor/manager who knowingly disregards the requirements of | |

| | | | |the policy or who is found to be deliberately misusing the policy in | |

| | | | |regard to subordinates will be subject to disciplinary action. | |

|Drugs tested for | | | |The policy must list the 5 drugs tested for and explain there are | |

| | | | |federally mandated cut-off limits for the screening and confirmation | |

| | | | |tests, The policy must reference 49 CFR Part 40.87 where the screening| |

| | | | |and confirmation drug cut-off limits can be found. The five drugs | |

| | | | |tested for are Marijuana, Cocaine, Opiates, PCP and Amphetamines. | |

|Drug and Alcohol Testing | | | |The policy must state that all testing for the presence of illegal | |

|Procedures that insure validity of| | | |drugs or alcohol misuse, will protect the employee and the integrity | |

|the test results and results are | | | |of the drug and alcohol testing process, safeguard the validity of the| |

|attributed to the correct employee| | | |test results, and ensure the test results are attributed to the | |

| | | | |correct covered employee. This will be accomplished by conducting all| |

| | | | |drug and alcohol testing in accordance with the procedures set forth | |

| | | | |in 49 CFR Parts 40 and 655, as amended. | |

| | | | |The policy should state that the integrity of the process is insured | |

| | | | |through , picture identification of the employee, Federal Drug | |

| | | | |Custody and Control Form with unique specimen identification number | |

| | | | |completed by a trained collection site person who insures that the | |

| | | | |Custody and Control Form is completed correctly and signed and | |

| | | | |certified by the donor, collection of Split Sample specimens that are | |

| | | | |sealed and initialed by the donor. | |

| | | | | | |

| | | | |The policy should also state that employees do not have access to a | |

| | | | |test of their split specimen following an invalid result. | |

| | | | | | |

| | | | |The policy should also state that specimen validity testing will be | |

| | | | |conducted on all urine specimens provided for testing under DOT | |

| | | | |authority. Specimen validity testing is the evaluation of the | |

| | | | |specimen to determine if it is consistent with normal human urine; | |

| | | | |i.e. to ensure the specimen has not been adulterated, diluted or | |

| | | | |substituted. | |

| | | | | | |

| | | | |The integrity of the alcohol testing process is insured by picture | |

| | | | |identification of the employee, use of a approved Evidential Breath | |

| | | | |Testing Device that displays and prints unique sequential numbers and | |

| | | | |is capable of producing 3 copies of the test result. The test is | |

| | | | |administered by a certified BAT. The BAT completes a Federal Breath | |

| | | | |Alcohol Testing form and insures that it is signed by the donor | |

|Consequences of use of drugs and | | | |The policy should include the consequences for a covered employee | |

|misuse of alcohol | | | |with, a positive drug test, an alcohol concentration of 0.02 or | |

| | | | |greater but less than 0.04, Section 655.15, as well as the | |

| | | | |consequences for a covered employee with an alcohol concentration of | |

| | | | |0.04 or greater. It must be stated that in all of these cases the | |

| | | | |employee is immediately removed from their safety-sensitive function. | |

| | | | |In the case of a BAC of 0.02 or greater, but less 0.04, the covered | |

| | | | |employee must be removed from safety sensitive duties for a minimum of| |

| | | | |8 hours or until they can pass an alcohol test with a BAC of less than| |

| | | | |0.02, which ever comes first. In the case of a positive drug test or | |

| | | | |confirmed alcohol test of 0.04 or greater the covered employee must be| |

| | | | |informed of education and rehabilitation programs and referred to the| |

| | | | |SAP as required in 49 CFR Part 40. | |

| | | | |The policy must also describe any further disciplinary actions that | |

| | | | |would be imposed by the transit system. | |

|Identity of Program Manager | | | |The name, address and phone number of the company Designated Employer | |

| | | | |Representative (DER) should be listed in the policy. | |

|Identity of Service Providers | | | |The policy must include an attachment that lists information for | |

| | | | |service providers used in the drug testing program. The list should | |

| | | | |include the name, phone number and address for the Collection Site(s),| |

| | | | |MRO, Laboratory and SAP that the company contracts with for services. | |

| | | | |It is best to list this information in an attachment. This will allow| |

| | | | |you to update changes in this information without having to reprint | |

| | | | |the whole policy. | |

| | | | |The wording “ …. Or successor” can be used after current information | |

| | | | |to prevent having to change this information in the policy | |

|Credentials of SAP and other | | | |The policy must state that the SAP providing services is a licensed | |

|providers | | | |physician (Medical Doctor or Doctor of Osteopathy), or a licensed or | |

| | | | |certified psychologist, social worker, employee assistance | |

| | | | |professional, or addiction counselor (certified by the NAADAC | |

| | | | |{National Association of Alcoholism and Drug Abuse Counselors | |

| | | | |Certification Commission} or the ICRC) and has knowledge of and | |

| | | | |clinical experience in the diagnosis and treatment of drug and alcohol| |

| | | | |related disorders. The policy must state that the SAP will follow the| |

| | | | |procedures as set forth in 49 CFR Part 40. Those professionals who are| |

| | | | |acting as SAPs or MROs must pass a DOT approved professional | |

| | | | |qualification exam. | |

|Supervisory & employee training | | | |The policy must indicate that supervisors who make reasonable | |

| | | | |suspicion determinations shall receive at least 60 minutes of training| |

| | | | |on the physical, behavioral, and performance indicators of probable | |

| | | | |drug use and that supervisors designated to determine whether | |

| | | | |reasonable suspicion exists to require a covered employee to under go | |

| | | | |alcohol testing) receive at least 60 minutes of training on the | |

| | | | |physical, behavioral, speech and performance indicators of probable | |

| | | | |alcohol misuse. The policy must indicate that all covered employees | |

| | | | |will receive at least 60 minutes of training on the effects and | |

| | | | |consequences of prohibited drug use on personal health, safety, and | |

| | | | |the work environment, and the signs and symptoms which may indicate | |

| | | | |prohibited drug use . | |

| | | | |The policy should list a community service hot-line telephone number | |

| | | | |for employee assistance with drug and alcohol problems, if available. | |

| | | | |This can be provided in an attachment to the policy. | |

|Employee’s right to examine | | | |Policy must state a covered employee is entitled, upon written | |

|records | | | |request, to obtain copies of his/her drug and alcohol testing records,| |

| | | | |provide information to dispute the results, and have access to any | |

| | | | |pertinent records such as equipment calibration records and laboratory| |

| | | | |certifications) | |

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