Consequence of Testing Positive Sample Clauses

Consequence of Testing Positive. Any employee who is found to be in violation of the prohibited alcohol-related conduct described in Section D, Number 1, or refuses to take a test under such circumstances, will be removed from safety-sensitive functions immediately. Those individuals in violation of prohibited alcohol-related conduct may be subject to disciplinary procedures up to and including termination. Discipline will be determined on a case by case basis and subject to the representational and grievance procedures of this Agreement. Those so removed cannot return to such duties until they have (1) been evaluated by a substance abuse professional (SAP), made available and paid for by the Employer, who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse; and (2) had a “negative” Return-To- Duty test (alcohol concentration of less than 0.02). In addition, each individual, before returning to duty to perform a covered function, and who was identified by the SAP as needing assistance in resolving problems associated with alcohol misuse, shall be evaluated by an SAP to determine that the employee has properly followed any rehabilitation program prescribed by the SAP. Employees who have returned to duty into a covered position will be subject to unannounced follow-up drug and alcohol tests not to exceed sixty (60) months in duration. E. REHABILITATION Employees will be informed regarding the extent to which rehabilitation and/or EAP/SAP services are available to them. Services available will include those covered by the applicable Health and Welfare Plan as well as those available through the Union or through the community. Employees will be encouraged to take advantage of the counseling or rehabilitation services available to them. Employees who rehabilitate through one of these services and it is confirmed by a substance abuse professional (SAP) that they are rehabilitated, will be rehired by the Employer if there is a position available performing the type of work the employee is qualified to perform. Employees who test positive after the return to work policy will not be eligible for future employment and must incur the expense for the failed drug/alcohol test.
Sample 1
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Consequence of Testing Positive. Any employee who is found to be in violation of the prohibited alcohol-related conduct described in Section D, Number 1, or refuses to take a test under such circumstances, will be removed from safety-sensitive functions immediately. Those individuals in violation of prohibited alcohol-related conduct may be subject to disciplinary procedures up to and including termination. Discipline will be determined on a case by case basis and subject to the representational and grievance procedures of this Agreement. Those so removed cannot return to such duties until they have (1) been evaluated by a substance abuse professional (SAP), made available and paid for by the Employer, who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse; and (2) had a “negative” Return-To- Duty test (alcohol concentration of less than 0.02). In addition, each individual, before returning to duty to perform a covered function, and who was identified by the SAP as needing assistance in resolving problems associated with alcohol misuse, shall be evaluated by an SAP to determine that the employee has properly followed any rehabilitation program prescribed by the SAP. Employees who have returned to duty into a covered position will be subject to unannounced follow-up drug and alcohol tests not to exceed sixty (60) months in duration.
Sample 1

Related to Consequence of Testing Positive

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Return of Materials at Termination In the event of any termination or cessation of his employment with Employer for any reason, Employee shall promptly deliver to Employer all documents, data and other information derived from or otherwise pertaining to Confidential Information. Employee shall not take or retain any documents or other information, or any reproduction or excerpt thereof, containing any Confidential Information.

  • Loop Testing/Trouble Reporting 2.1.6.1 Telepak Networks will be responsible for testing and isolating troubles on the Loops. Telepak Networks must test and isolate trouble to the BellSouth portion of a designed/non-designed unbundled Loop (e.g., UVL-SL2, UCL-D, UVL-SL1, UCL-ND, etc.) before reporting repair to the UNE Customer Wholesale Interconnection Network Services (CWINS) Center. Upon request from BellSouth at the time of the trouble report, Telepak Networks will be required to provide the results of the Telepak Networks test which indicate a problem on the BellSouth provided Loop. 2.1.6.2 Once Telepak Networks has isolated a trouble to the BellSouth provided Loop, and had issued a trouble report to BellSouth on the Loop, BellSouth will take the actions necessary to repair the Loop if a trouble actually exists. BellSouth will repair these Loops in the same time frames that BellSouth repairs similarly situated Loops to its End Users. 2.1.6.3 If Telepak Networks reports a trouble on a non-designed or designed Loop and no trouble actually exists, BellSouth will charge Telepak Networks for any dispatching and testing (both inside and outside the CO) required by BellSouth in order to confirm the Loop’s working status. 2.1.6.4 In the event BellSouth must dispatch to the end-user’s location more than once due to incorrect or incomplete information provided by Telepak Networks (e.g., incomplete address, incorrect contact name/number, etc.), BellSouth will xxxx Xxxxxxx Networks for each additional dispatch required to repair the circuit due to the incorrect/incomplete information provided. BellSouth will assess the applicable Trouble Determination rates from BellSouth’s FCC or state tariffs.

  • Payment for Material Completion The Contractor may request payment of the remaining contract balance, including retainage, less amounts credited the Owner or incurred as liquidated damages, and less amounts withheld for the Punchlist by reason of Minor Items or Permitted Incomplete Work (See Paragraph 6.5.3.2). Payment for Material Completion shall be made by a check payable jointly to the Contractor and Surety and shall be mailed to the Surety.

  • Follow-up Testing An employee shall submit to unscheduled follow-up drug and/or alcohol testing if, within the previous 24-month period, the employee voluntarily disclosed drug or alcohol problems, entered into or completed a rehabilitation program for drug or alcohol abuse, failed or refused a preappointment drug test, or was disciplined for violating the provisions of this Agreement and Employer work rules. The Employer may require an employee who is subject to follow-up testing to submit to no more than six unscheduled drug or alcohol tests within any 12 month period.

  • Presentation of Potential Target Businesses The Company shall cause each of the Initial Shareholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Shareholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination or the liquidation of the Company, subject to any pre-existing fiduciary obligations the Initial Shareholders might have.

  • Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.

  • ODUF Testing 6.6.1 Upon request from TWTC, AT&T shall send ODUF test files to TWTC. The Parties agree to review and discuss the ODUF file content and/or format. For testing of usage results, AT&T shall request that TWTC set up a production (live) file. The live test may consist of TWTC’s employees making test calls for the types of services TWTC requests on ODUF. These test calls are logged by TWTC, and the logs are provided to AT&T. These logs will be used to verify the files. Testing will be completed within thirty (30) days from the date on which the initial test file was sent.

  • Corrective Measures If the Participating Generator fails to meet or maintain the requirements set forth in this Agreement and/or the CAISO Tariff, the CAISO shall be permitted to take any of the measures, contained or referenced in the CAISO Tariff, which the CAISO deems to be necessary to correct the situation.

  • Root Cause Analysis Upon Vendor's failure to provide the Services in accordance with the applicable Service Levels (for any reason other than a Force Majeure Event) Vendor will promptly (a) perform a root-cause analysis to identify the cause of such failure, (b) provide Prudential with a report detailing the cause of, and procedure for correcting, such failure, (c) obtain Prudential's written approval of the proposed procedure for correcting such failure, (d) correct such failure in accordance with the approved procedure, (e) provide weekly (or more frequent, if appropriate) reports on the status of the correction efforts, and (f) provide Prudential with assurances satisfactory to Prudential that such failure has been corrected and will not recur.

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