Common use of Post-Accident Clause in Contracts

Post-Accident. As soon as possible following an accident involving a Department vehicle, a post-accident drug and alcohol test shall be conducted under the following circumstances: 1) For all accidents involving the driver/employee that results in a fatality; or 2) If there is no fatality and if the driver/employee receives a citation for a moving traffic violation and either the accident involves bodily injury to a person who as a result of the accident immediately receives medical treatment away from the scene of the accident, or, one or more motor vehicles incur disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, or a citation is issued but no medical attention is required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no post-accident testing shall be conducted. If a post-accident alcohol test is not conducted within two hours following the accident, the Village shall prepare and maintain on file a record stating why the alcohol test was not promptly administered. If the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the alcohol test was not promptly administered. If a post-accident drug test is not conducted within 32 hours following the accident, the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administered. An employee who is subject to post-accident testing shall remain readily available for such testing or it may be deemed by the Village as a refusal to test. Nothing in this Section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary medical care. Drug and/or breath or blood alcohol tests conducted by federal, state, or local officials, having independent authority for the test, shall be considered to meet the post-accident testing requirements, provided such testing conforms to the applicable federal, state, or local drug and/or alcohol testing requirements and that the results are obtained by the Village.

Post-Accident. As soon as possible practicable following an accident involving a Department vehicleaccident, a post-accident drug the Village will require any surviving driver to submit to tests for alcohol and alcohol test shall be conducted under the following circumstancescontrolled substances if: 1) For all accidents involving . The driver was performing safety-sensitive functions with respect to the driver/employee that results in a fatalityvehicle and the accident involved the loss of human life; or 2) If there is no fatality and if the driver/employee receives . The driver received a citation under State or local law for a moving traffic violation and either arising from the accident involves bodily and the accident involved: a. Bodily injury to a person who who, as a result of the accident injury, immediately receives medical treatment away from the scene of the accident, ; or, one b. One or more motor vehicles incur incurring disabling damage as a result of the accident, requiring the motor vehicle(s) vehicle to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, Drivers are prohibited from using alcohol for eight hours following any accident or a citation is issued but no medical attention is until the required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no post-accident testing shall be conducted. If a post-accident alcohol test is not conducted administered, whichever occurs first. Every effort will be made to conduct post-accident drug and alcohol tests within two hours following the an accident, the Village shall prepare and maintain on file a record stating why the alcohol test was not promptly administered. If the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the alcohol test was not promptly administered. If a post-Any driver involved in an accident drug test is not conducted within 32 hours following the accident, the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administered. An employee who is subject to post-accident testing shall must therefore remain readily available for such testing or it may and will be deemed by the Village as considered to have refused to submit to testing if he/she fails to do so. This requirement will not, however, require a refusal driver to test. Nothing in this Section shall be construed to require the delay of any necessary medical attention for injured people following an accident or to prohibit an employee from leaving remain at the scene of an accident for the period when his/her absence is necessary to obtain assistance in responding to the accident, accident or to obtain necessary emergency medical care. Drug and/or In order to ensure expeditious testing, the Village will provide all drivers with information, procedures and instructions explaining the post-accident testing requirements. If an alcohol test is not administered within eight hours following an accident, the Village will make no further effort to administer an alcohol test and will document the reasons why the test was not administered within eight hours. In the event a drug test is not administered within 32 hours following an accident, the Village will cease its attempts to administer any further testing and prepare and maintain a record stating the reasons why the test was not promptly administered. The results of any breath or blood test for the use of alcohol tests or a urine test for the use of controlled substances, conducted by federalFederal, stateState, or local officials, officials having independent authority for the test, shall will be considered to meet the post-accident testing requirementsrequirements of this section, provided such testing conforms tests conform to the applicable federalFederal, state, State or local drug and/or alcohol testing requirements requirements, and that the results of the tests are obtained by the Village.

Post-Accident. As soon as possible following an accident involving a Department vehicle, a post(A) Post-accident drug and alcohol test shall urine testing will be conducted under the following circumstances: 1) For all accidents involving the driver/employee that results required of those employees who are involved in a fatality; or 2) If there is no fatality and reportable accident if the driver/employee receives driver received a citation for a moving traffic violation and either arising from the accident. A reportable accident involves bodily injury to is one in which: (a) a person who as a result of fatality occurs, or (b) an individual injured in the accident immediately receives medical treatment away from the accident scene of the accident, or, one or more motor vehicles incur disabling total property damage as a result of the accident, requiring the motor vehicle(sequals $4,400.00 or more. (B) to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, or a citation is issued but no medical attention is required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no The post-accident testing urine test shall be conductedconducted as soon as possible but not later than thirty-two (32) hours after the reportable or fatal accident. If The Employer shall permit the Union Xxxxxxx or Union Representative a post-reasonable amount of time (not to exceed one (1) hour) to travel to and consult with the employee prior to the employee being tested. (C) A driver who is seriously injured and cannot provide a specimen at the time of the accident alcohol test is not conducted within two hours following shall provide the necessary authorization for obtaining hospital records and reports that would indicate if a controlled substance was in the driver's system. (D) Disqualification for refusal to give a urine sample when a driver has been involved in a fatal accident, except for a driver who meets the Village conditions of (C), shall prepare be for a period of one (1) year via a letter stating his refusal to be tested. (See Disciplinary Action) (See Definitions) (E) A driver shall be disqualified via a letter of disqualification for a one (1) year period for a positive test of a controlled substance when the driver has been involved in a fatal accident. (See Disciplinary Action) (See Definitions) Refusal or failure to submit to such drug testing will automatically be considered a positive test result, and maintain on file a record stating why the alcohol test was not promptly administereddriver will be declared medically unqualified to drive for the Employer. If the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the alcohol test was not promptly administered. If a post-accident drug test is not conducted within 32 hours following the accident, the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administered. An employee who is Such drivers will be subject to postdisciplinary action. Where the employee appears unable or unwilling to give a specimen at the time of the collection, collection personnel shall document the circumstances on a drug-accident testing test report form. The employee shall be permitted no more than eight (8) hours to give a sample, during which time he shall remain readily available in the testing area, under observation. All time for which an employee is required to expend in providing a sample shall be considered work time, and the employee shall be paid for such testing or it time pursuant to the provisions of the parties' collective bargaining agreement. Reasonable amounts of water may be deemed by given to the Village as employee to encourage urination. Failure to submit to a sample shall be considered a refusal to testsubmit to a drug test (unless medical evidence for the physical inability to provide a sample is provided and documented). Nothing in this Section The drug screening tests shall be construed to require the delay capable of necessary medical attention for injured people following an accident identifying marijuana, cocaine, opiates (morphine & codeine), phencyclidine (PCP), and amphetamines (amphetamines, methamphetamine) or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary medical care. Drug and/or breath or blood alcohol tests conducted other drugs that may be specified by federal, state, or local officials, having independent authority for the test, shall be considered to meet the post-accident testing requirements, provided such testing conforms to the applicable federal, state, or local drug and/or alcohol testing requirements and that the results are obtained by the Villagefuture Motor Carrier Safety Regulations.