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G.O.#: EFFEC. DATE: PREV. DATE: Page 9 of 12 Pages 4894-5387-2224 v2 45 4. Sample Collection/Breath Alcohol Testing Testing must be conducted in accordance with the agreement between the LPFD and the third-party administrator. However, this does not prohibit LPFD from using BAC test results lawfully obtained from a local law enforcement agency that conducted its own investigation of a Covered Employee involved in the vehicle accident at issue. 5. Test Results • The results of the laboratory analysis will be forwarded to a third-party Medical Review Officer. If the results are negative (no drugs or alcohol detected), then the Medical Review Officer will notify the Human Resources Director and the Covered Employee shall be returned to work promptly. If the laboratory confirms a positive result (drugs or alcohol detected), then the Medical Review Officer will first contact the Covered Employee at the telephone number provided to give the Covered Employee the opportunity to discuss the test results and to submit information demonstrating authorized use of the drugs in question. The Medical Review Officer will make a final determination and notify the Human Resources Director. The Covered Employee may request a split sample be tested by the same facility and at the City’s expense. If the Covered Employee desires an alternative laboratory to test a split sample, the alternative laboratory must be approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Covered Employee must pay for such testing at their own expense. • LPFD and the City of Pleasanton’s Human Resources Department will maintain the confidentiality of drug and alcohol test results as required by federal and state law. Only persons needing to know test results will have access to them. Test results may be used in conjunction with an appeal process and/or litigation, and as such, test result records will be made available as necessary. Results may be sent to federal and/or state agencies as required by law. 6. Consent and Refusal • Before a drug test is administered, Covered Employees will be required to sign a consent form authorizing the test and permitting release of test