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has not exercised its authority to terminate the employee, that employee shall be <br />subjected to Return to Duty Testing and Follow- Up Testing (see Section 4.05.09). <br />An individual who was terminated for conduct prohibited by this Policy may be <br />considered for rehire after 180 days upon providing evidence of the individual's <br />rehabilitation that is acceptable to and approved by the President of Human <br />Resources or their designee. The individual, if rehired, must agree to be subject to <br />Follow -Up Testing, at any time, for a period of up to five (5) years, but no less than <br />one (1) year, after returning to employment. Failure to agree to or submit to such <br />testing shall subject the employee to immediate termination. <br />c. Before a Covered Employee who has engaged in conduct prohibited by this Policy <br />may return to a position involving Safety -Sensitive Functions, the employee must <br />submit to Return to Duty Testing resulting in a Test for Controlled Substances with a <br />negative result and an Alcohol Test with a result indicating an alcohol concentration of <br />less than 0.02. All testing under this Section 4.05.08 will be administered with direct <br />observation. <br />d. All Return to Duty and Follow-up testing will be conducted in accordance with 49 CFR <br />Part 40, Subpart O. <br />11. Follow Up Testing <br />a. Following the determination that a Covered Employee needs assistance in resolving <br />problems associated with alcohol misuse or Controlled Substance use, PCC shall <br />ensure that the employee is subject to unannounced follow-up alcohol and/or <br />Controlled Substance testing. PCC may direct the employee to undergo Return -to - <br />Duty and Follow -Up Testing for both alcohol and Controlled Substances. <br />b. Follow -Up Testing for alcohol may only be conducted when the Covered Employee is <br />performing a Safety -Sensitive Function; just before the employee is to perform a <br />Safety -Sensitive Function; or just after the employee has ceased performing such <br />Safety -Sensitive Function. Follow -Up Testing for Controlled Substances may be <br />conducted any time the Covered Employee is on duty. <br />c. A minimum of six (6) unannounced, Follow -Up Tests must be administered within the <br />first twelve (12) months after the employee has returned to duty. All testing under this <br />Section 4.05.09 will be administered with direct observation. Additional testing may be <br />required for an additional sixty (60) months. <br />d. An employee who is undergoing Follow -Up Testing shall remain in the random pool <br />and be tested if their number is selected. <br />12. Test Refusal <br />a. Compliance with this Policy is a condition of employment. Refusal to take a required <br />Test for Controlled Substances or Alcohol Test shall result in removal from performing <br />a Safety -Sensitive Function and may lead to disciplinary action or be considered a <br />voluntary resignation by the employee. <br />b. Refusal includes the following and applies to any testing under this Policy: <br />141Page <br />