Common use of Probable Cause Clause in Contracts

Probable Cause. It is agreed that a person may be tested for probable cause in situations based on objective evidence about the employee’s conduct in the workplace that would cause a reasonable person to believe that the employee is demonstrating signs of impairment due to alcohol or drugs. Being involved in an incident may be sufficient to establish probable cause. Those to be tested in the event of an accident or incident shall be by mutual agreement of the xxxxxxx on the project and a management representative responsible for the project. Examples of objective evidence include when an employee shows signs of impairment such as difficulty in maintaining balance, slurred speech, erratic or atypical behavior or otherwise appears unable to perform his/her job in a safe manner. Those to be tested in a probable cause situation shall be determined by observation of two (2) individuals, one of whom must be a Union member that actually observed the employee’s behavior.

Probable Cause. It is agreed that a person may be tested for probable cause in situations based on objective evidence about the employee’s conduct in the workplace that would cause a reasonable person to believe that the employee is demonstrating signs of impairment due to alcohol or drugs. Being involved in an incident may be sufficient to establish probable cause. Those to be tested in the event of an accident or incident shall be by mutual agreement of the xxxxxxx on the project and a management representative responsible for the project. 1. Examples of objective evidence include when an employee shows signs of impairment such as difficulty in maintaining balance, slurred speech, erratic or atypical behavior or otherwise appears unable to perform his/her job in a safe manner. 2. Those to be tested in a probable cause situation shall be determined by observation of two (2) individuals, one of whom must be a Union union member that actually observed the employee’s behavior.

Probable Cause. It is agreed that a person may be tested for probable cause in situations based on objective evidence about the employee’s conduct in the workplace that would cause a reasonable person per- son to believe that the employee is demonstrating signs of impairment due to alcohol or drugs. Being involved in an incident may be sufficient to establish probable cause. Those to be tested in the event of an accident or incident shall be by mutual agreement of the xxxxxxx on the project and a management representative responsible for the project. 1. Examples of objective evidence include when an employee shows signs of impairment such as difficulty in maintaining balance, slurred speech, erratic or atypical atyp- ical behavior or otherwise appears unable to perform his/her job in a safe manner. 2. Those to be tested in a probable cause situation shall be determined by observation of two (2) individuals, one of whom must be a Union union member that actually observed the employee’s behavior.