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accident, then anyone who was in the vehicle during the applicable time period will be required to submit to testing. 15.7 Random Testing for Safety -Sensitive or Special -Risk Employees: Safety -sensitive and special -risk employees are subject to random testing such that the District will administer the same number of tests each fiscal year as there are members in the Collective Bargaining units or agreements. Random testing shall be conducted via an unbiased selection procedure, as agreed upon by the parties. 16.0 Consequences of Refusing a Drug Test 16.1 An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination of employment. An employee who provides a diluted sample may, depending upon the circumstances, be deemed to have refused to submit to the drug test. 16.2 Ajob applicant who refuses to submit to a drug test will not be hired. 17.0 Actions Following Positive Confirmed Test: 17.1 An employee who tests positive on a confirmation test will be immediately suspended without pay, and subject to discipline, up to and including termination. If the problem is correctable, the Emergency Services Director, at his discretion, may allow the employee an opportunity for rehabilitation through a last -chance agreement. Any such last -chance agreement shall include a provision for random drug testing for two (2) years from the date of the agreement, and successful completion of any treatment program recommended by a healthcare professional. The employee shall be responsible, through his insurance or otherwise, for the cost of the random testing and treatment program. Under no circumstances shall an employee be allowed to return to work prior to receiving a negative test result. 17.2 Refusal of a last chance agreement: If an employee is offered an opportunity to enter into a last -chance agreement and refuses to do so, the employee will be immediately terminated. 17.3 Treatment program requirements: Employees who have been provided with an opportunity to enter into a treatment and/or rehabilitation program as part of a last -chance agreement must meet all requirements of that program including any required aftercare. Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination of employment. 17.4 The employee or job applicant who receives a positive confirmed test result may contest or explain the result to the Medical Review Officer (MRO) within five (5) working days after receiving written notification of the test result. If an employee's or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test result back to the employer. The drug test result may be contested pursuant to law or to rules adopted by the AHCA. 18.0 Reporting of Use of Medication: Employees and job applicants may confidentially report the use of prescription or non-prescription medication to the MRO through the Emergency Services Director, or his or her designee, both before and after having a drug test. 19.0 Notice of Common Medications: A list of the most common medications by brand name or common name, as applicable, as well as chemical name, which may alter or affect a drug test, is attached. Employees and job applicants should review this list prior to submitting to a drug test. 20.0 Medication Information: An employee or job applicant may consult with the Employer's MRO or the testing laboratory for technical information regarding prescription and non-prescription medication. 73