Common use of Health and Safety Examinations Clause in Contracts

Health and Safety Examinations. A. In the interest of health, safety, or job performance, the City may require a medical or psychological examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's request. Any such examination shall be conducted by a licensed practitioner. If, in the examiner's opinion, the employee's condition jeopardizes his health or safety, or that of another employee, or renders his job performance unsatisfactory, the City may relieve the employee from active employment, and he will be eligible to use his accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. At the employee's option, a "second opinion" medical or psychological examination may be conducted by a licensed practitioner of the employee's choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. If the opinions of the City's examiner and the employee's examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between the City and the employee. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. D. If it is determined that the employee's medical or psychological condition did not jeopardize his health or safety, or that of other employees, or did not render his job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. Employees returning from, or remaining on, leave of absence because of disability may be requested to participate in a medical or psychological examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (D) of this Article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Health and Safety Examinations. A. (a) In the interest of health, safety, safety or job performance, the City may require a medical or psychological other examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's request. Any such examination shall be conducted by a licensed practitioner. IfThe Fire Chief (or his designee) and the Director of Human Resources (or his designee) shall jointly determine in good faith if an employee is required to have an examination. The City will not order an examination unless based upon reasonable suspicion or other grounds which are not unjust or arbitrary. This may include an employee’s potential responsibility for an accident or incident which results in bodily harm or property damage, a violation of traffic or other laws or safety rules which could cause bodily injury or property damage, unexplained and excessive absence, or employee appearance, behavior or speech. If in the examiner's opinion, ’s opinion the employee's ’s condition jeopardizes his health or safety, or that of another employee, or renders his job performance unsatisfactory, the City may relieve the employee him from active employment, and he will be eligible to use his accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, from and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. (b) At the employee's ’s option, a "second opinion" medical or psychological other examination may be conducted by a licensed practitioner of the employee's ’s choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. (c) If the opinions of the City's ’s examiner and the employee's ’s examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between paid in full by the City and the employeeCity. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. Medical records shall be sealed or similarly secured, accessible only through the City Manager, the Fire Chief or the Director of Human Resources. D. (d) If it is determined that the employee's ’s medical or psychological other condition did not jeopardize his health or safety, or that of other employees, or did not render his job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. (e) Employees returning from, or remaining on, leave of absence because of a disability may be requested required to participate in a medical or psychological other examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (Dd) of this Article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Health and Safety Examinations. A. (a) In the interest of health, safety, or job performance, the City may require a medical or psychological examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's ’s request. Any such examination shall be conducted by a licensed practitioner. If, in the examiner's ’s opinion, the employee's ’s condition jeopardizes his health or safety, or that of another employee, or renders his job performance unsatisfactory, the City may relieve the employee from active employment, and he will be eligible to use his accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. (b) At the employee's ’s option, a "second opinion" medical or psychological examination may be conducted by a licensed practitioner of the employee's ’s choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. (c) If the opinions of the City's ’s examiner and the employee's ’s examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between the City and the employee. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. D. (d) If it is determined that the employee's ’s medical or psychological condition did not jeopardize his health or safety, or that of other employees, or did not render his job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. (e) Employees returning from, or remaining on, leave of absence because of disability may be requested to participate in a medical or psychological examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (Dd) of this Article article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Health and Safety Examinations. A. (a) In the interest of health, safety, safety or job performance, the City may require a medical or psychological other examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's request. Any such examination shall be conducted by a licensed practitioner. IfThe Police Chief (or his designee) and the Director of Human Resources (or his designee) shall jointly determine in good faith if an employee is required to have an examination. The City will not order an examination unless based upon reasonable suspicion or other grounds which are not unjust or arbitrary. This may include an employee’s potential responsibility for an accident or incident which results in bodily harm or property damage, a violation of traffic or other laws or safety rules which could cause bodily injury or property damage, unexplained and excessive absence, or employee appearance, behavior or speech. If in the examiner's opinion, ’s opinion the employee's ’s condition jeopardizes his health or safety, or that of another employeeemployee or citizen, or renders his job performance unsatisfactory, the City may relieve the employee him from active employment, and he will be eligible to use his accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, from and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. (b) At the employee's ’s option, a "second opinion" medical or psychological other examination may be conducted by a licensed practitioner of the employee's ’s choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. (c) If the opinions of the City's ’s examiner and the employee's ’s examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between paid in full by the City and the employeeCity. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. Medical records shall be sealed or similarly secured, accessible only through the City Manager, the Police Chief or the Director of Human Resources. D. (d) If it is determined that the employee's ’s medical or psychological other condition did not jeopardize his health or safety, or that of other employees, or did not render his job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. (e) Employees returning from, or remaining on, leave of absence because of a disability may be requested required to participate in a medical or psychological other examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (Dd) of this Article shall be in effect the date of the first required examination for any employee who was then fit for duty.. \

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Health and Safety Examinations. A. (a) In the interest of health, safety, safety or job performance, the City may require a medical or psychological other examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's request. Any such examination shall be conducted by a licensed practitioner. IfThe Police Chief (or his designee) and the Director of Human Resources (or his designee) shall jointly determine in good faith if an employee is required to have an examination. The City will not order an examination unless based upon reasonable suspicion or other grounds which are not unjust or arbitrary. This may include an employee’s potential responsibility for an accident or incident which results in bodily harm or property damage, a violation of traffic or other laws or safety rules which could cause bodily injury or property damage, unexplained and excessive absence, or employee appearance, behavior or speech. If in the examiner's opinion, ’s opinion the employee's ’s condition jeopardizes his health or safety, or that of another employeeemployee or citizen, or renders his job performance unsatisfactory, the City may relieve the employee him from active employment, and he will be eligible to use his accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, from and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. (b) At the employee's ’s option, a "second opinion" medical or psychological other examination may be conducted by a licensed practitioner of the employee's ’s choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. (c) If the opinions of the City's ’s examiner and the employee's ’s examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between paid in full by the City and the employeeCity. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. Medical records shall be sealed or similarly secured, accessible only through the City Manager, the Police Chief or the Director of Human Resources. D. (d) If it is determined that the employee's ’s medical or psychological other condition did not jeopardize his health or safety, or that of other employees, or did not render his job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. (e) Employees returning from, or remaining on, leave of absence because of a disability may be requested required to participate in a medical or psychological other examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (Dd) of this Article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Health and Safety Examinations. A. (a) In the interest of health, safety, safety or job performance, the City may require a medical or psychological other examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's request. Any such examination shall be conducted by a licensed practitioner. IfThe Fire Chief (or his or her designee) and the Director of Human Resources (or his or her designee) shall jointly determine in good faith if an employee is required to have an examination. The City will not order an examination unless based upon reasonable suspicion or other grounds which are not unjust or arbitrary. This may include an employee’s potential responsibility for an accident or incident which results in bodily harm or property damage, a violation of traffic or other laws or safety rules which could cause bodily injury or property damage, unexplained and excessive absence, or employee appearance, behavior or speech. If in the examiner's opinion, ’s opinion the employee's ’s condition jeopardizes his or her health or safety, or that of another employee, or renders his or her job performance unsatisfactory, the City may relieve the employee from active employment, and he or she will be eligible to use his accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, from and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. (b) At the employee's ’s option, a "second opinion" medical or psychological other examination may be conducted by a licensed practitioner of the employee's ’s choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. (c) If the opinions of the City's ’s examiner and the employee's ’s examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between paid in full by the City and the employeeCity. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. Medical records shall be sealed or similarly secured, accessible only through the City Manager, the Fire Chief or the Director of Human Resources. D. (d) If it is determined that the employee's ’s medical or psychological other condition did not jeopardize his or her health or safety, or that of other employees, or did not render his or her job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. (e) Employees returning from, or remaining on, leave of absence because of a disability may be requested required to participate in a medical or psychological other examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (Dd) of this Article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Health and Safety Examinations. A. (A) In the interest of health, safety, or job performance, the City may require a medical or psychological examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's ’s request. Any such examination shall be conducted by a licensed practitioner. If, in the examiner's ’s opinion, the employee's ’s condition jeopardizes his health or safety, or that of another employee, or renders his job performance unsatisfactory, the City may relieve the employee from active employment, and he will be eligible to use his accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. (B) At the employee's ’s option, a "second opinion" medical or psychological examination may be conducted by a licensed practitioner of the employee's ’s choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. (C) If the opinions of the City's ’s examiner and the employee's ’s examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between the City and the employee. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. D. (D) If it is determined that the employee's ’s medical or psychological condition did not jeopardize his health or safety, or that of other employees, or did not render his job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. (E) Employees returning from, or remaining on, leave of absence because of disability may be requested to participate in a medical or psychological examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (D) of this Article article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Health and Safety Examinations. A. (a) In the interest of health, safety, safety or job performance, the City may require a medical or psychological other examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's request. Any such examination shall be conducted by a licensed practitioner. IfThe Fire Chief (or his or her designee) and the Director of Human Resources (or his or her designee) shall jointly determine in good faith if an employee is required to have an examination. The City will not order an examination unless based upon reasonable suspicion or other grounds which are not unjust or arbitrary. This may include an employee’s potential responsibility for an accident or incident which results in bodily harm or property damage, a violation of traffic or other laws or safety rules which could cause bodily injury or property damage, unexplained and excessive absence, or employee appearance, behavior or speech. If in the examiner's opinion, ’s opinion the employee's ’s condition jeopardizes his health or safety, or that of another employee, or renders his job performance unsatisfactory, the City may relieve the employee him from active employment, and he or she will be eligible to use his or her accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, from and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. (b) At the employee's ’s option, a "second opinion" medical or psychological other examination may be conducted by a licensed practitioner of the employee's ’s choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. (c) If the opinions of the City's ’s examiner and the employee's ’s examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between paid in full by the City and the employeeCity. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. Medical records shall be sealed or similarly secured, accessible only through the City Manager, the Fire Chief or the Director of Human Resources. D. (d) If it is determined that the employee's ’s medical or psychological other condition did not jeopardize his health or safety, or that of other employees, or did not render his job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. (e) Employees returning from, or remaining on, leave of absence because of a disability may be requested required to participate in a medical or psychological other examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (Dd) of this Article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Health and Safety Examinations. A. In the interest of health, safety, or job performance, the City may require a medical or psychological examination of an employee. The City shall give reasons in writing to the employee for the required examination upon the employee's request. Any such examination shall be conducted by a licensed practitioner. If, in the examiner's opinion, the employee's condition jeopardizes his their health or safety, or that of another employee, or renders his their job performance unsatisfactory, the City may relieve the employee from active employment, and he they will be eligible to use his their accrued sick leave. Any City-required examinations shall be paid in full by the City. Any time spent by the employee traveling to, from, and during the examination will be work time, subject to any applicable call-in or overtime pay. Any other time necessarily lost by the employee awaiting examination or results will be treated as administrative leave. If the results of the examination are that the employee is properly relieved from duty, this will be charged instead to accrued sick leave. The employee will be provided complete copies of all reports, findings and recommendations of the examiner. B. At the employee's option, a "second opinion" medical or psychological examination may be conducted by a licensed practitioner of the employee's choice. Such examination will be paid for by the employee and time spent will not be subject to overtime provisions. Complete copies of all reports, findings and recommendations of the optional examination will be provided to the City. C. If the opinions of the City's examiner and the employee's examiner are in conflict, either the City or the employee may appeal the determination to an examiner agreed upon by the first two. All relevant records and information will be made available to the third examiner, whose opinion shall be final as it relates to the specific issues originally prompting the first required examination. The cost of any third examination shall be shared equally between the City and the employee. Both the City and the employee shall receive complete copies of all reports, findings and recommendations of the third examiner. D. If it is determined that the employee's medical or psychological condition did not jeopardize his their health or safety, or that of other employees, or did not render his their job performance unsatisfactory, all sick leave directed to be used will be reinstated to the employee and leave taken will be charged to paid administrative leave. E. Employees returning from, or remaining on, leave of absence because of disability may be requested to participate in a medical or psychological examination subject to the above provisions and appeals. In such cases, the provision of reinstated sick leave provided in paragraph (D) of this Article shall be in effect the date of the first required examination for any employee who was then fit for duty.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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