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.
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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.
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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.
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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.
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Related to Inability to Provide an Adequate Amount of Breath

  • 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 CHSI has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Termination for Concessionaire Default 37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:

  • Providing Notice of Breaches 8.1 If Covered Entity determines that an impermissible acquisition, access, use or disclosure of PHI for which one of Business Associate’s employees or agents was responsible constitutes a Breach as defined in 45 CFR § 164.402, and if requested by Covered Entity, Business Associate shall provide notice to the individual(s) whose PHI has been the subject of the Breach. When requested to provide notice, Business Associate shall consult with Covered Entity about the timeliness, content and method of notice, and shall receive Covered Entity’s approval concerning these elements. The cost of notice and related remedies shall be borne by Business Associate.

  • Termination for Force Majeure In the event of a force majeure that lasts longer than thirty (30) days from the date that a Party claiming relief due to the force majeure event gives notice to the other Party, the Party not claiming relief under the force majeure event may terminate this Agreement upon written notice to the other Party. For the avoidance of doubt, the COVID-19 pandemic does not constitute a force majeure event.

  • Union Activity During Working Hours The Employer and the Union recognize that union representatives and stewards play an important role in effectuating the terms of this Agreement; however, both parties acknowledge that the duties undertaken as a union representative or xxxxxxx are in addition to the their job assignments. The Union shall notify the Department of Budget and Management in writing of the names of designated stewards and union representatives prior to them assuming any duties. Consistent with the operational needs of the Employer, the Employer shall grant time off with pay for designated stewards and union representatives, including reasonable travel time when necessary, to attend:

  • Termination Notice for Force Majeure Event If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365 (three hundred and sixty five) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 34, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

  • PROFESSIONAL ACTIVITY DAYS 22.01 (a) A Long-Term Occasional Teacher who is scheduled to work when there is a Professional Activity Day shall be required to participate in the scheduled professional activities and shall be paid for such day.

  • Failure to Provide Notice A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.3 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnitor is not obligated to indemnify the Indemnitee for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.

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