Common use of Management Rights Regarding Substance Abuse Clause in Contracts

Management Rights Regarding Substance Abuse. Notwithstanding any other provisions of this agreement, the Individual Employer expressly reserves the right, in its discretion, to undertake the following measures: (1) In the sole discretion of the Individual Employer, requiring covered employees to submit to physical examination by competent medical personnel, selected by the Individual Employer, to determine whether there is a probability that the employee is suffering from any physical impairment which might cause the employee to be a safety hazard to themselves or others, or which might cause the employee to be unable to perform assigned tasks within the coverage of this Agreement in a prompt and competent manner. Such tests may include, at the discretion of the Individual Employer, such tests of the employee’s bodily fluids as the Individual Employer may reasonably believe will elicit evidence of the employee’s use, or non-use, of substances which are reasonably likely to alter or impair the employee’s ability to perform his or her duties in a prompt, competent and safe manner.

Appears in 3 contracts

Samples: Laborers Memorandum Traffic Control/Highway Improvement Agreement, Labor Agreement, Traffic Control/Highway Improvement Agreement

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Management Rights Regarding Substance Abuse. Notwithstanding any other provisions of this agreement, the Individual Employer expressly reserves the right, in its discretion, to undertake the following measures: (1) In the sole discretion of the Individual Employer, requiring covered employees to submit to physical examination by competent medical personnel, selected by the Individual Employer, to determine whether there is a probability that the employee is suffering from any physical impairment which might cause the employee to be a safety hazard to themselves or others, or which might cause the employee to be unable to perform assigned tasks within the coverage of this Agreement in a prompt and competent manner. Such tests may include, at the discretion of the Individual Employer, such tests of the employee’s bodily fluids as the Individual Employer may reasonably believe will elicit evidence of the employee’s use, or non-use, of substances which are reasonably likely to alter or impair the employee’s ability to perform his or her duties in a prompt, competent and safe manner.to

Appears in 1 contract

Samples: Labor Agreement

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