Common use of Post-Accident Clause in Contracts

Post-Accident. An Employee driving on duty who is involved in a vehicular accident, or an employee driving a city vehicle whether on or off duty, shall be tested for drugs and alcohol as soon as practical following the accident if any of the following occurs: i. The accident involves the loss of human life or bodily injury to any person who, as a result of the injury, receives emergency medical treatment away from the scene of the accident; or ii. The driver receives a citation under state or local law for a moving traffic violation arising from the accident or; iii. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be towed away from the scene; iv. The accident causes damage to property other than a motor vehicle and the investigating supervisor reasonably believes that the property damage is of an amount greater than $5,000.00 Notwithstanding the above, when the investigating supervisor determines immediately after the accident that the accident was not caused by negligence on the part of the employee, (e.g. the employee is stopped and gets rear-ended by another driver), the employee will not be required to submit to post-accident testing.

Appears in 10 contracts

Samples: Labor Management Agreement, Labor Management Agreement, Labor Management Agreement

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