General Testing Requirements. With respect to each Plan Year, an Employer’s Plan which offers a Code Section 401(k) cash or deferred arrangement and any contributions made thereunder must satisfy the Average Deferral Percentage Test (“ADP Test”) and, if applicable, the Average Contribution Percentage Test (“ACP Test”). Under each of these tests, the Average Deferral Percentage (ADP) and the Average Contribution Percentage (ACP) for Highly Compensated Employees may not exceed the ADP and ACP for Non-Highly Compensated Employees by more than the amount permitted by application of the basic limit or the alternative limit. These limits are described at paragraphs 11.2 and 11.4 herein. If the ADP or ACP for Highly Compensated Employees exceeds the basic limit or the alternative limit, the applicable average for Highly Compensated Employees either must be reduced to the maximum permitted under the most liberal limit or the average of the Non-Highly Compensated Employees must be increased. The reduction in the average is determined in accordance with paragraph 11.7 herein. In lieu of reducing the applicable average for the Highly Compensated Employees, the Employer may elect to make an additional Qualified Non-Elective Contribution (“QNEC”) and/or a Qualified Matching Contribution (“QMAC”) for Non-Highly Compensated Employees to increase their ADP and/or ACP to the point where the Plan satisfies the ADP and/or the ACP Test. These qualified contributions are described at paragraph 11.11 herein. Any Plan established under this Basic Plan Document #01 and associated Adoption Agreement may use different testing methods for the ADP and the ACP Tests provided the Plan established hereunder does not permit the recharacterization of Excess Contributions or Excess Elective Deferrals to be used in the ACP Test or permit the use of Qualified Matching Contributions in the ADP Test.
General Testing Requirements. The general purpose of testing the WAP and related Components is to determine the compliance of the WAP with the Memorandum of Understanding agreed to by the Tribe and the State Gaming Agency. Prior to operation of the WAP, the WAP and related Components shall be tested by a licensed Gaming Test Laboratory, to verify:
3.2.1 Compliance with the applicable requirements of the Compact, Appendix X, Appendix X2, and this Appendix; and
3.2.2 The WAP is Fair for both the players and the participating gaming facilities; and
3.2.3 Compliance with the Memorandum of Understanding and currently accepted gaming test industry standards with respect to multi-jurisdictional WAPs.
General Testing Requirements. A. When an employee is required to provide blood, or urine specimens for these testing procedures, the specimen will be divided into two (2) samples at the time of collection by the testing laboratory in order to facilitate the testing procedures described in this Article.
(1) The percent, by weight, of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood.
(2) If at the time such tests are performed, there is 0.051 percent or more by weight of alcohol in the employee’s blood that shall be prima facie evidence that the employee is under the influence of alcohol to the extent that his/her ability to perform his/her job has been impaired. Employees with a confirmation test of 0.051 alcohol concentration or greater, confirmed by a Medical Review Officer (MRO) will result in the employee’s immediate suspension and termination from City employment.
(3) If at the time such tests are performed, there is 0.02 percent or greater, but less than 0.05 percent by weight of alcohol in the employee’s blood, such fact shall give rise to any presumption that the employee was under the influence of alcohol to the extent that he/she will be removed from performing safety-sensitive functions for at least twenty-four (24) hours. The employee will be referred to a Substance Abuse Professional (SAP) for evaluation and at the discretion of the SAP may be put on a one-year follow-up testing program. The employee may be permitted to take annual leave if non-safety-sensitive functions are not available. During the one-year follow-up testing program, a 0.02 or greater alcohol concentration will result in termination of employment. In addition, the City will take disciplinary action in accordance with the appropriate disciplinary guidelines. The employee must be given a return-to-
(4) The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the employee is under the influence of alcohol to the extent that his/her normal faculties have been impaired.
C. For illegal drugs, the threshold level or cut-off limit shall be established in accordance with Department of Health and Human Service (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs (DHHS Guidelines), and/or OTETA or in accordance with generally accepted medical procedures where such limits have not been established by the DHHS Guidelines or OTETA.
D. In testing for the pre...
