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subject to disciplinary action, up to and including termination. The cost of any <br />treatment or rehabilitation services will be paid for directly by the employee or <br />their insurance provider. Employees will be allowed to take accumulated sick <br />leave and vacation leave to participate in the prescribed rehabilitation program. <br /> <br />5.6 Notifying the Transit System of Criminal Drug Conviction <br /> <br />All employees are required to notify the transit system of any criminal drug <br />statute conviction for a violation occurring in the workplace within five days <br />after such conviction. Failure to comply with this provision shall result in <br />disciplinary action, up to and including termination. <br /> <br />5.7 Proper Application of the Policy <br /> <br />The transit system is dedicated to assuring fair and equitable application of this <br />substance abuse policy. Therefore, supervisors/managers are required to use <br />and apply all aspects of this policy in an unbiased and impartial manner. Any <br />supervisor/manager who knowingly disregards the requirements of this policy, <br />or who is found to deliberately misuse the policy in regard to subordinates, shall <br />be subject to disciplinary action, up to and including termination. <br /> <br />6.0 TESTING PROCEDURES <br /> <br />Analytical urine drug testing and breath testing for alcohol may be conducted <br />when circumstance warrant or as required by Federal regulations. All safety- <br />sensitive and non-safety-sensitive employees shall be subject to testing prior to <br />employment, for reasonable suspicion, and following an accident as defined in <br />Section 6.2, 6.3, and 6.4 of this policy. In addition, all safety-sensitive and non- <br />safety-sensitive employees will be tested prior to returning to duty after failing a <br />drug or alcohol test and after completion of the Substance Abuse Professional's <br />recommended treatn~ent program and subsequent release to duty. Follow-up <br />testing will also be conducted following return to duty for a period of one to five <br />years, with at least six tests performed during the first year. <br /> <br />Those employees who perform safety-sensitive functions as defined in the <br />attachment to this policy shall also be subject to testing on a random, <br />unannounced basis. <br /> <br />Testing shall be conducted in a manner to assure a high degree of accuracy and <br />reliability and using techniques, equipment, and laboratory facilities which have <br />been approved by the U.S. Depmlment of Health and Human Service (DHHS). <br />All testing will be conducted consistent with the procedures put forth in 49 CFR <br />Part 40, as amended. The procedures will be performed in a private, confidential <br /> <br />5 <br /> <br /> <br />