- Circumstances Requiring Fitness For Duty Examinations Sample Clauses
The 'Circumstances Requiring Fitness For Duty Examinations' clause defines when an employer may require an employee to undergo an assessment to determine their physical or mental ability to perform job duties. Typically, this clause applies if there are observable signs of impairment, after certain types of workplace incidents, or when returning from medical leave. Its core function is to ensure workplace safety and productivity by providing a clear process for evaluating employee fitness, thereby addressing potential risks associated with unfit employees.
- Circumstances Requiring Fitness For Duty Examinations. The Chief or Assistant Chief of the Fire Department may require an employee to be examined under this policy in the circumstances described below:
(a) Where there exists a reasonable cause to believe, based upon specific observations and facts that an employee may not be medically, psychologically or emotionally fit to perform the essential functions of the position to which he or she is assigned. Such reasonable suspicion must be based upon information provided to a supervisor that the employee is currently exhibiting conduct which reasonably demonstrates that the employee may be suffering from a physical or psychological condition which prevents the employee from effectively performing his/her duties and upon a reasonable assessment or investigation by the Chief or his/her designee as to the reliability and/or legitimacy of such information;
(b) Where an employee is returning to active service after a leave of absence without pay or similar absence or where the employee has been outside of the Department's observation or control for a period longer than six (6) calendar months.
(c) Where an employee is returning to active service after a serious illness, injury or medical condition whether or not the employee's personal physician has placed restrictions on the employee's job-related activities.
(d) Where an employee has been involved in an incident where the potential for physical or psychological trauma to the employee was significant.
(e) Where the employee contends he/she is not medically, psychologically or emotionally fit for duty. The provisions set forth in paragraphs (b) and (c) above shall not apply to psychological evaluations. A physician evaluating the physical fitness for duty may refer an employee for a psychological evaluation pursuant to the provisions of Section 23.04 below.
- Circumstances Requiring Fitness For Duty Examinations. The Department may require an employee to be examined under this Article in the circumstances described below:
(a) Where there exists a reasonable cause to believe, based upon specific observations and facts and rational inferences drawn from those observations and facts, that an employee may not be medically, psychologically or emotionally fit to perform the essential functions of the position to which they are assigned without accommodation. Such reasonable suspicion must be based upon: the observations of at least two supervisors or co-workers who have first-hand knowledge; or upon reliable information provided to a supervisor that the employee is currently exhibiting conduct which reasonably demonstrates that the employee may be suffering from a physical or mental condition which prevents the employee from effectively performing their duties. The decision to require an employee to be examined will be made by a supervisor at or above the rank of Inspector for precinct personnel, or at or above Commander for non-precinct personnel, after due diligence to confirm the reliability of the information.
(b) Where an employee is returning to active service after a leave of absence without pay or similar absence or where the employee has been outside of the Department's observation or control for a period longer than six (6) calendar months.
(c) Where an employee is returning to active service after a serious illness, injury or medical condition whether or not the employee's personal physician has placed restrictions on the employee's job-related activities.
(d) Where an employee has been involved in a critical incident where the potential for physical or psychological trauma to the employee was significant.
(e) Where the employee contends they are not medically, psychologically or emotionally fit for duty. The provisions set forth in paragraphs (b) and (c) above shall not apply to psychological evaluations. However, a Health Care Professional evaluating an employee’s physical fitness for duty may recommend that an employee, whom they have examined, be referred for a psychological evaluation, subject to the provisions of Section 31.04 below. Nothing under this Article 31 shall establish a basis for Drug or Alcohol Testing. Drug and Alcohol testing shall be governed solely by Article 30 of this Agreement and applicable law. However, if the Health Care Professional evaluating the employee reasonably believes the employee, due to alcohol or drug use, may pose a d...
- Circumstances Requiring Fitness For Duty Examinations. The Chief or Assistant Chief of the Fire Department may require an employee to be examined under this policy in the circumstances described below:
a. Where there exists a reasonable cause to believe, based upon specific observations and facts that an employee may not be medically, psychologically or emotionally fit to perform the essential functions of the position to which he or she is assigned. Such reasonable suspicion must be based upon information provided to a supervisor that the employee is currently exhibiting conduct which reasonably demonstrates that the employee may be suffering from a physical or psychological condition which prevents the employee from effectively performing their duties and upon a reasonable assessment or investigation by the Chief or designee as to the reliability and/or legitimacy of such information;
b. Where an employee is returning to active service after a leave of absence without pay or similar absence or where the employee has been outside of the Department's observation or control for a period longer than six (6) calendar months.
c. Where an employee is returning to active service after a serious illness, injury or medical condition whether or not the employee's personal physician has placed restrictions on the employee's job- related activities.
d. Where an employee has been involved in an incident where the potential for physical or psychological trauma to the employee was significant.
e. Where the employee contends they are not medically, psychologically or emotionally fit for duty. The provisions set forth in paragraphs (b) and (c) above shall not apply to psychological evaluations. A physician evaluating the physical fitness for duty may refer an employee for a psychological evaluation pursuant to the provisions of Section 24.04 below.
- Circumstances Requiring Fitness For Duty Examinations. The Department may require an employee to be examined under this Article in the circumstances described below:
- Circumstances Requiring Fitness For Duty Examinations. The Department may require an employee to be examined under this Article in the circumstances described below:
(a) Where there exists a reasonable cause to believe, based upon specific observations and facts and rational inferences drawn from those observations and facts, that an employee may not be medicallyphysically, psychologically or emotionally fit to perform the essential functions of the position to which they are assigned without accommodation. Such reasonable suspicion must be based upon: the observations of at least two supervisors or co-workers who have first-hand knowledge; or upon reliable information provided to a supervisor that the employee is currently exhibiting conduct which reasonably demonstrates that the employee may be suffering from a physical or mental condition which prevents the employee from effectively performing their duties. The decision to require an employee to be examined will be made by a supervisor at or above the rank of Inspector for precinct personnel, or at or above Commander for non-precinct personnel, after due diligence to confirm the reliability of the information.
(b) Where an employee is returning to active service after a leave of absence without pay or similar absence or where the employee has been outside of the Department's observation or control for a period longer than six (6) calendar months.
(c) Where an employee is returning to active service after a serious illness, injury or medical condition whether or not the employee's personal physician has placed restrictions on the employee's job-related activities.