Common use of Fitness for Duty Testing Clause in Contracts

Fitness for Duty Testing. From time to time the Sheriff may require an employee to undergo psychological or physical evaluations to ensure an employee is fit to perform the duties of their position or to monitor the welfare of the employee after critical incidents. The Employer may require the employee to report to a physician or clinician to perform the evaluations. Prior to the evaluation, the employee will be given a written explanation, citing specific performance or behavioral issues requiring the need for a fitness for duty evaluation. If the reason for an evaluation is simply a statutory requirement, for example SB111, the written explanation will state that purpose. In all cases required evaluations will strictly be limited to bona fide business needs and never as discipline. The physician or clinician will report the results of the test to the county and the employee. The only information, which the physician or clinician may release, is whether the employee is fit or unfit for duty or whether the employee requires modified work conditions. If the physician or clinician believes the employee is fit for duty but needs modified work conditions, the physician or clinician may indicate what modifications are necessary and the extent or duration projected of the modification. The physician or clinician will keep all data that has been made available to him confidential and not release it to any of the parties, except the employee and treating physician or clinician if requested in writing consistent with applicable state and federal regulations.

Fitness for Duty Testing. ‌ From time to time the Sheriff may require an employee to undergo psychological or physical evaluations to ensure an employee is fit to perform the duties of their position or to monitor the welfare of the employee after critical incidents. The Employer may require the employee to report to a physician or clinician to perform the evaluations. Prior to the evaluation, the employee will be given a written explanation, citing specific performance or behavioral issues requiring the need for a fitness for duty evaluation. If the reason for an evaluation is simply a statutory requirement, for example SB111, the written explanation will state that purpose. In all cases required evaluations will strictly be limited to bona fide business needs and never as discipline. The physician or clinician will report the results of the test to the county and the employee. The only information, which the physician or clinician may release, is whether the employee is fit or unfit for duty or whether the employee requires modified work conditions. If the physician or clinician believes the employee is fit for duty but needs modified work conditions, the physician or clinician may indicate what modifications are necessary and the extent or duration projected of the modification. The physician or clinician will keep all data that has been made available to him confidential and not release it to any of the parties, except the employee and treating physician or clinician if requested in writing consistent with applicable state and federal regulations.