Common use of Physical Fitness Qualifications Clause in Contracts

Physical Fitness Qualifications. A. The Employer and State of Ohio, Unit 2 Association recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty dollars ($20.00). Any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty dollars ($30.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty dollars ($40.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretion. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.

Physical Fitness Qualifications. A. The Employer and State of OhioOhio Labor Council, Unit 2 Association Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty ten dollars ($20.0010.00). Any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty twenty dollars ($30.0020.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty thirty dollars ($40.0030.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretiontest. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.

Physical Fitness Qualifications. A. The Employer and State of Ohio, Unit 2 Association recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40%) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty dollars ($20.00). Any employee scoring at the fifty (50%) percent graduation level shall receive a bi-weekly fitness allowance of thirty dollars ($30.00) and any employee scoring at the sixty (60%) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty dollars ($40.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretion. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.shall

Physical Fitness Qualifications. A. The Employer and State of OhioOhio Labor Council, Unit 2 Association Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, incorporate the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty ten dollars ($20.0010.00). Any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty twenty dollars ($30.0020.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty thirty dollars ($40.0030.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretiontest. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.

Physical Fitness Qualifications. A. The Employer and State of OhioOhio Labor Council, Unit 2 Association Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, incorporate the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty ten dollars ($20.0010.00). Any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty twenty dollars ($30.0020.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty thirty dollars ($40.0030.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretiontest. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s employee‟s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay. E. The Employer and the Union will establish a joint committee to explore alternative fitness standards. The parties agree that the work of the committee will be completed by December 31, 2010 and any agreed upon alternatives shall be implemented in the subsequent testing period. The topic of voluntary and mandatory testing shall be an appropriate topic for this committee. During the existence of the joint committee, no harm shall come to an employee with an approved medical prohibition to testing. The parties further agree that for the life of the joint committee, those employees who fail to meet testing standards under Section D shall be granted an additional testing opportunity along with an additional thirty (30) days to perform said test prior to the imposition of any discipline.

Physical Fitness Qualifications. A. The Employer and Ohio Labor Council, Inc. State of Ohio, Unit 2 Association recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty dollars ($20.00). Any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty dollars ($30.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty dollars ($40.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretion. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.

Physical Fitness Qualifications. A. The Employer and State of OhioOhio Labor Council, Unit 2 Association Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, incorporate the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty ten dollars ($20.0010.00). Any Effective July 1, 2007, any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty twenty dollars ($30.0020.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty thirty dollars ($40.0030.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretiontest. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.

Physical Fitness Qualifications. A. The Employer and State of OhioOhio Labor Council, Unit 2 Association Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, incorporate the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The Effective January 1, 2007, the minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly bi- weekly fitness allowance of twenty ten dollars ($20.0010.00). Any Effective July 1, 2007, any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty twenty dollars ($30.0020.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty thirty dollars ($40.0030.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretiontest. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.

Physical Fitness Qualifications. A. The Employer and State of OhioOhio Labor Council, Unit 2 Association Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, incorporate the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty ten dollars ($20.0010.00). Any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty twenty dollars ($30.0020.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty thirty dollars ($40.0030.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretiontest. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-Employer- appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay. E. The Employer and the Union will establish a joint committee to explore alternative fitness standards. The parties agree that the work of the committee will be completed by December 31, 2010 and any agreed upon alternatives shall be implemented in the subsequent testing period. The topic of voluntary and mandatory testing shall be an appropriate topic for this committee. During the existence of the joint committee, no harm shall come to an employee with an approved medical prohibition to testing. The parties further agree that for the life of the joint committee, those employees who fail to meet testing standards under Section D shall be granted an additional testing opportunity along with an additional thirty (30) days to perform said test prior to the imposition of any discipline.

Physical Fitness Qualifications. A. The Employer and State of OhioOhio Labor Council, Unit 2 Association Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate, at its discretion, incorporate the “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. The Effective January 1, 2007, Tthe minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment. B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” or other measurable standard will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing. C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of twenty ten dollars ($20.0010.00). Any Effective July 1, 2007, any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of thirty twenty dollars ($30.0020.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of forty thirty dollars ($40.0030.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test or beginning July 1 of each year, at the Department’s discretiontest. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam. D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s employee‟s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.