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74 b. The availability of drug abuse counseling and referral services available through the Civilian Employee Assistance Program (CEAP) and when and how BUEs can voluntarily participa te in that program prior to testing without reprisal (Safe Harbor provisions); c. The right to receive copies of their records and related documentation concerning drug testing; and d. The process used for random selection; e. BUEs hav e a right to Union representation at any point in the drug testing process, whether before, during or after the test is conducted. Section 5. The employer shall make available to all BUEs Drug - free Workplace information and CEAP. All BUEs shall be clear ly informed, in writing, of what drugs or substances are prohibited. Section 6. The Union will be promptly notified prior to conducting random drug testing and when testing has been completed. The collection site will normally be in Building 199A; howeve r, the test site may be moved to another location if the Employer determines the individual situation necessitates the move. The Union will be notified of the new location. Section 7. All urine samples that test positive will be further evaluated using gas chromatography and mass spectrometry. Section 8. When requested in writing, a BUE who tests positive shall be provided copies of all relevant documents in the possession of the Employer, to include but not limited to: drug litigation package, chain of custody forms, drug lab screening reports, etc. These documents shall be supplied to the individual prior to any disciplinary or adverse action being initiated. Section 9. BUEs found to illegally use drugs shall be referred to the CEAP for assessmen t, counseling, and referral for treatment and/or rehabilitation as appropriate. The confidentiality of a BUE's contact or referral to CEAP will be protected; however, the BUE may be required to authorize release of information concerning diagnosis, progno sis, or participation in a rehabilitation program as a result of a request by the BUE or an agreement by Management to hold a disciplinary/adverse action in abeyance or a request by the BUE for other employment consideration, such as use of leave. The ref erral of a BUE to CEAP is not intended to obligate the Employer regarding reasonable accommodations issues and does not prevent the Agency from taking appropriate disciplinary or adverse action. Section 10. It is agreed that drug abuse or addiction may n ot be used as an excuse for misconduct or poor work performance and that illegal drug use in itself constitutes misconduct and may be cause for disciplinary or adverse action up to and including removal from Federal service. Any proposed disciplinary or ad verse action against a BUE specifically for use of any illegal substance shall be taken only for just cause, and to promote the efficiency of the service, in accordance with applicable provisions of law, rule and regulation. A BUE who refuses to

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