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2016 CBA Tentati ve Agreement Page 115 of 217 been conducted in accordance with the ATO IAQ Program Implementation Requirements. The criteria for post remediation evaluation will depend on the contaminants involved. The Agency will determine the appropriate test and criteria in consultation with the Union's Certified Industrial Hygienist (CIH). Mold clearance testing shall be conducted in accordance with the ATO IAQ Program Implementation Requirements. Section 11. The Union, at its own expense, may designate an Industrial Hygienist to observe the work of the contractor and the Agency's Safety and Health Specialist. Section 12. Bargaining unit employees shall be eligible for medical surveillance programs paid for by the Agency, based on permissible exposure limits set forth in 29 CFR 1910. ARTICLE 78 ACQUIRED IMMUNO - DEFICIENCY SYNDROME (AIDS) Section 1. Employees infected by the Human Immuno - deficiency Virus (HIV) or with Acquired Immuno - Deficiency Syndrome (AIDS) sha ll be allowed to work free from discrimination on the basis of their medical condition. Under the provisions of 29 CFR 1614.203, qualified handicapped bargaining unit employees will be reasonably accommodated, in accordance with the Rehabilitation Act of 1 973, as amended. It is the employee's responsibility to provide medical information regarding the extent to which a medical condition is affecting availability for duty or job performance to enable the Agency to reasonably accommodate the employee. Secti on 2. The Parties agree that medical documentation and other personal information related to the medical condition of bargaining unit employees with AIDS or HIV positive, shall be treated in a way to protect confidentiality and privacy. Except as follow - up to an identified medical condition, AMEs shall not inquire as to the potential HIV/AIDS status of a bargaining unit employee. ARTICLE 79 FARE SUBSIDIES FOR EMPLOYEES Section 1. In accordance with applicable law, regulation, and executive order, the Age ncy shall provide a non - taxable subsidy designed to encourage employees to commute via public mass transportation. Section 2. Fare subsidies shall be administered in accordance with the DOT Transit Benefit Policy and Guidance and any subsequent changes. T he monthly benefit shall not exceed the actual commuting cost or the statutory limit, whichever is less. Section 3. When public mass transportation is unavailable for an employee's shift assignment, he/she shall be permitted to park in the Agency owned or leased parking area in accordance with Article 70 of this Agreement. Section 4. Applications for subsidies under this Article will be approved at the local level. Section 5. To the extent possible, employees shall receive subsidies electronically. If u navailable electronically, employees shall have the option of receiving any subsidies due under this Article at their facility.

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