Inability to Provide an Adequate Amount of Breath Sample Clauses

Inability to Provide an Adequate Amount of Breath a. If an employee is unable to provide an adequate amount of breath, the Employer may direct the employee to see a licensed physician. b. The employee may not perform safety sensitive functions until s/he is evaluated, provided the evaluation takes place within two (2) hours. c. The physician shall examine the employee to determine whether the employee's inability could have been caused by a medical condition. d. If the physician determines, in his or her reasonable medical judgment, that a medical condition has, or with a high degree of probability, could have, precluded the employee from providing an adequate amount of breath, the employee shall not be deemed to have refused to take the test. e. If the physician is unable to make this determination, the employee shall be deemed to have refused to take the test. f. The Employer shall pay any medical fees assessed for the examination.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Inability to Provide an Adequate Amount of Breath. If an employee is unable, or alleges he/she is unable to provide an amount of breath sufficient to give a reading on the EBT, the BAT should again instruct the employee to attempt to provide an adequate amount of breath and the proper way to do so. If the employee refuses to make a second attempt, the BAT shall discontinue the test and immediately notify the Village. If the employee does make an attempt again and fails to provide an adequate amount of breath, the BAT may provide another opportunity to the employee if the BAT feels there is a strong likelihood the employee could provide a sufficient amount of breath. If the employee fails to provide an adequate amount of breath, the BAT shall note the failure on the remarks of the alcohol testing form and immediately notify the Village. The Village will then direct the employee to obtain, within 5 days, an evaluation from a licensed physician who is acceptable to the Village and has expertise in the medical issues associated with the employee’s inability to provide a sufficient amount of breath. If the physician determines the employee has a medical condition that could have prevented him/her from providing a sufficient amount of breath, the test will be cancelled. No further testing will be required except when the employee needs a test result of less than 0.02 for a return to duty or a follow-up test. If the physician determines the employee does not have a medical condition that could have prevented him/her from providing a sufficient amount of breath, it will be considered a refusal to test. The Village shall notify the employee of the physician’s conclusions.
Sample 1Sample 2
Inability to Provide an Adequate Amount of Breath a. If an employee is unable to provide an adequate amount of breath, the Village may direct the employee to see a licensed physician. b. The employee may not perform any work until s/he is evaluated, provided the evaluation takes place within two
Sample 1
Inability to Provide an Adequate Amount of Breath a. If an employee is unable to provide an adequate amount of breath, the Employer may direct the employee to see a licensed physician. b. The employee may not perform safety sensitive functions until s/he is evaluated, provided the evaluation takes place within two (2) hours.
Sample 1
Inability to Provide an Adequate Amount of Breath. (1) The BAT must instruct the employee to attempt to provide an adequate amount of breath. If the employee refuses to make an attempt, the BAT will immediately inform AMC. (2) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the remarks section of the Breath Alcohol Testing Form and immediately inform AMC who will direct the employee to obtain an evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath. (3) If the physician provides a written statement that a medical condition exists to preclude an adequate amount of breath, it will not be regarded as a refusal to take a test. If the physician is unable to determine a medical condition exists to provide an adequate amount of breath, it will be regarded as a refusal to take a test. APPENDIX D‌
Sample 1

Related to Inability to Provide an Adequate Amount of Breath

  • Interconnection Customer Compensation for Actions During Emergency Condition The CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff for its provision of real and reactive power and other Emergency Condition services that the Interconnection Customer provides to support the CAISO Controlled Grid during an Emergency Condition in accordance with Article 11.6.

  • Data Necessary to Perform Services The Trust or its agent shall furnish to USBFS the data necessary to perform the services described herein at such times and in such form as mutually agreed upon.

  • Union Activity During Working Hours Solicitation of Union membership or collection or checking of dues will not be conducted during working time. The Company agrees not to discriminate in any way against any employee for Union activity, but such activity shall not be carried on during working time, except as specifically allowed by the provisions of this Agreement.

  • Duty to Provide Secure Data The Contractor will maintain the security of State of Florida data including, but not limited to, a secure area around any displayed visible data. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information.

  • Information and Services Required of the Owner The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements.

  • Failure to Provide Insurance Lessee acknowledges that any failure on its part to obtain or maintain the insurance required herein will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, for any month or portion thereof that Lessee does not maintain the required insurance and/or does not provide Lessor with the required binders or certificates evidencing the existence of the required insurance, the Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of the then existing Base Rent or $100, whichever is greater. The parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to maintain the required insurance. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to maintain such insurance, prevent the exercise of any of the other rights and remedies granted hereunder, nor relieve Lessee of its obligation to maintain the insurance specified in this Lease.

  • TERMINATION OF EFT SERVICES You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit Union. You also agree to notify any participating merchants that authority to make xxxx payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.

  • Company to Provide Stock The Company shall reserve, free from preemptive rights, out of its authorized but unissued shares, sufficient shares to provide for the conversion of convertible Securities from time to time as such Securities are presented for conversion, provided, however, that nothing contained herein shall be construed to preclude the Company from satisfying its obligations in respect of the conversion of Securities by delivery of repurchased shares of Common Stock which are held in the treasury of the Company. If any shares of Common Stock to be reserved for the purpose of conversion of Securities hereunder require registration with or approval of any governmental authority under any Federal or State law before such shares may be validly issued or delivered upon conversion, then the Company covenants that it will in good faith and as expeditiously as possible endeavor to secure such registration or approval, as the case may be; provided, however, that nothing in this Section 1708 shall be deemed to affect in any way the obligations of the Company to convert Securities into Common Stock as provided in this Article Seventeen. Before taking any action which would cause an adjustment reducing the Conversion Price below the then par value, if any, of the Common Stock, the Company will take all corporate action which may, in the opinion of counsel, be necessary in order that the Company may validly and legally issue fully paid and non-assessable shares of Common Stock at such adjusted Conversion Price. The Company covenants that all shares of Common Stock which may be issued upon conversion of Securities will upon issue be fully paid and non-assessable by the Company and free of preemptive rights.

  • Interconnection Customer Compensation If the CAISO requests or directs the Interconnection Customer to provide a service pursuant to Articles 9.6.3 (Payment for Reactive Power) or 13.5.1 of this LGIA, the CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff.

  • Obligation to Provide Information Each party’s obligation to provide information shall be as follows: (a) TAM shall cause the Subadviser to be kept fully informed at all times with regard to the securities owned by the Fund, its funds available, or to become available, for investment, and generally as to the condition of the Fund’s affairs. TAM shall furnish the Subadviser with such other documents and information with regard to the Fund’s affairs as the Subadviser may from time to time reasonably request. (b) The Subadviser, at its expense, shall supply the Board, the officers of the Trust and TAM with all information and reports reasonably required by them and reasonably available to the Subadviser relating to the services provided by the Subadviser hereunder, including such information the Fund’s Chief Compliance Officer reasonably believes necessary for compliance with Rule 38a-1 under the 1940 Act.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!