Section 8209 - Test Results(a) Negative test results. For the purpose of CALPIA's testing, a negative test result is one that does not indicate the presence of drugs, alcohol or substances in the employee's system or is below the concentration cut-off level.(b) Positive test results. For the purpose of testing, a positive test result is one that shows evidence of the presence of drugs, alcohol, or substances in the employee's system at or above the concentration cut-off level. For the purpose of testing, an employee is considered to have a positive test result if employee: (1) refuses to submit to a urine test or fails to comply with breath sample testing;(2) impedes the testing process; or(3) tampers with their own specimen. A refusal to submit means to decline, deny, reject, or resist a drug or alcohol test including:(1) Fails to appear for any test within a reasonable time.(2) Fails to remain at the testing site until the testing is complete.(3) Fails to provide a urine specimen for any required drug test.(4) In the case of a directly observed collection, fails to permit the observation.(5) Fails to provide a sufficient amount of urine when directed and it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure.(6) Fails or declines to take a second test as directed by the employer or collector.(7) Fails to undergo a medical examination or evaluation for verification.(8) For an observed collection, fails to follow the instructions to determine if the employee has any type of prosthetic or other device that could be used to interfere with the collection process.(9) Admits to the collector having adulterated or substituted the specimen.Cal. Code Regs. Tit. 15, § 8209
1. New section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46). Note: Authority cited: Sections 2801 and 2809, Penal Code; and Sections 11349(e) and 19572, Government Code. Reference: Sections 2801 and 2809, Penal Code.
1. New section filed 11-13-2018; operative 1/1/2019 (Register 2018, No. 46).