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2016 CBA Tentati ve Agreement Page 106 of 217 time not to exceed ten (10) minutes prior to and ten (10) minutes immediately after the sample collection process has been completed. Section 4. The Union at the national level shall be given a copy of the Agency's quarterly substance abuse statistical report, and a copy of the results of the testing of quality control specimens provided to the testing laboratory by the Department of Transportation. In addition, one (1) Union representative sha ll be permitted to accompany officials of the Agency on an inspection of the testing laboratory once a year, if the Agency conducts such an inspection. Section 5. Employees will be given notice privately where and when to appear for substance testing. Section 6. The Agency recognizes its obligations under the Privacy Act with respect to information about bargaining unit employees and their connection to substance testing including non - disclosure by collectors/contractors. Section 7. The Agency shal l ensure that employees are selected for substance testing by nondiscriminatory and impartial methods so that no employee is harassed by being treated differently from other employees in similar circumstances. If for any reason a substance test is declar ed invalid, the test will be treated as if it had never been conducted. Employees shall not be selected for testing for reasons unrelated to the purposes of the program. Section 8. All equipment used for alcohol testing shall meet the requirements and s tandards as specified in the DOT Order 3910.1 and the DOT Drug and Alcohol Testing Guide. Upon written request, the Union shall be given a copy of the results of calibration checks for equipment used for alcohol testing. The request must include the speci fic site locations(s) (with acronym(s) spelled out) and the specific date(s) that testing occurred. If any testing equipment is found to be out of tolerance/calibration as specified in DOT Order 3910.1, every test result of 0.02 or above obtained on the device since the last valid external calibration check shall be invalid. Section 9. The Agency shall ensure that the HHS Mandatory Guidelines regarding proper storage, handling and refrigeration of urine samples prior to testing are followed . Section 10 . Testing will be conducted in a secure, sanitary area, and the privacy and dignity of the employee will be respected. Section 11. Employees will be notified of drug test results within a reasonable period of time, normally five (5) working days, of rec eipt of the results by the Drug Program Coordinator (DPC). Failure to comply with this time frame will not invalidate the results. Alcohol test results shall be made available to the employee at the time of testing. Notification of test results shall be handled in a confidential manner. Such results shall only be disclosed as provided for in DOT Order 3910.1 and this Agreement. Section 12. In the event of a negative dilute, employees shall be provided with the laboratory results prior to being subject ed to re - collection. Re - collection due to a negative dilute shall be done in accordance with DOT Order 3910.1. Section 13. Only employees who are in a duty status shall be subject to substance testing. Section 14. Post accident/incident testing shall o nly be conducted on employees whose work performance at or about the time of the covered event, as described in DOT Order 3910.1 and the

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