Reasonable Cause. An employee will be required to undergo immediate drug and alcohol testing in accordance with the following procedures if there is reasonable cause that the employee is under the influence of a drug and/or alcohol. Reasonable cause that an employee is under the influence of a drug and/or alcohol will be based on specific facts and/or reasonable inferences derived from those facts. Examples of circumstances, although not inclusive, which constitute a basis for determining reasonable cause are specified on the “Observation/Incident Report” included in Appendix D of this policy.
Reasonable Cause. Reasonable cause shall be defined as excessive tardiness, excessive absenteeism, and erratic behavior such as noticeable imbalance, incoherence, and disorientation.
Reasonable Cause. Reasonable cause to test (which test must be conducted pursuant to this Policy’s Identification and Consent Procedures outlined below) an employee for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances are sufficient for a prudent person to believe that the employee more probably than not has used a drug or alcohol as evidenced by work performance, behavior or appearance while on the jobsite. These indicators will be recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, and will be indicators not reasonably explained as resulting from causes other than the use of such controlled substances (such as, but not by way of limitation, fatigue, lack of sleep, side effects of proper use of prescription drugs, reaction to noxious fumes or smoke, etc.) If cause results from an observation, the observation must be confirmed by a second member of the Individual Contractor’s supervision and those Contractor representatives will endeavor to consult with the Contractor’s Safety Representative or a jobsite management representative, one who must be trained in detection of drug use, and whose training will be documented. The specific behavioral, performance or on-the-spot physical indicators of being under the influence of drugs or alcohol on the job will be substantiated in writing by the use of an Incident Report Form (attachment 5). The following may constitute some of the reasonable causes to believe that an employee is under the influence of drugs or alcohol.
(a) Incoherent, slurred speech;
(b) Odor of alcohol on the breath;
(c) Staggering gait, disorientation, or loss of balance;
(d) Red and watery eyes, if not explained by environmental causes;
(e) Paranoid or bizarre behavior; or
(f) Unexplained drowsiness.
Reasonable Cause. For purposes of this Agreement, “Reasonable Cause” is hereby defined as Agent’s failure to reasonably perform its duties and obligations in accordance with the terms and provisions of this Agreement, after Agent has actual notice that it has failed to reasonably perform any of said duties and obligations, or in the event Agent is adjudicated bankrupt or insolvent.
Reasonable Cause. The Company may terminate the Executive’s employment during the Severance Period for Reasonable Cause or without Reasonable Cause. For purposes of this Agreement, “Reasonable Cause” shall mean any of the following, with respect to the Executive’s:
Reasonable Cause. A. Reasonable cause shall exist when a jobsite Management Representative not in the bargaining unit who is trained in detection of drug use, acting in good faith and in a prudent manner, substantiates in writing specific behavioral performance or on-the- spot physical indicators of being under the influence of drugs or alcohol on the job. The indicators shall be recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, and shall be indicators not reasonably explained as resulting from causes other than the use of such controlled substances (such as, but not by way of limitation, fatigue, lack of sleep, side effects of proper use of prescription drugs, reaction to noxious fumes or smoke, etc.). Cause is not reasonable, and thus not a basis for testing, if it is based solely on the observations and reports of third parties. The grounds for reasonable cause must be documented by the use of an Incident Report Form (see Form A attached).
B. The following may constitute some of the reasonable causes to believe that an employee is under the influence of drugs or alcohol.
(1) Incoherent, slurred speech;
(2) Odor of alcohol on the breath;
(3) Staggering gait, disorientation, or loss of balance;
(4) Red and watery eyes, if not explained by environmental causes;
(5) Paranoid or bizarre behavior;
(6) Unexplained drowsiness.
C. An Employer may require that an employee who contributed to an accident resulting in damage to plant, property or equipment or injury to him/herself or others may be tested for drugs or alcohol where the Employer has reasonable cause to believe that the accident resulted from the employee being under the influence of drugs or alcohol.
Reasonable Cause. A substance test may be required where there is reasonable cause to suspect that an employee has an in-system presence of intoxicants or drugs on the job or in a job status (such as on contractor or owner-provided transportation). An employee will not be tested under this paragraph unless employee conduct or other related circumstances provide a reasonable basis to believe that the employee may have ingested an intoxicating substance and/or is suffering from impairment of some sort while on the job site. Such observation must be confirmed by a second member of Contractor supervision, or by a HU construction manager’s representative, wherever possible. For Contractors signatory to the Agreement, observation shall also be discussed with the Union xxxxxxx, provided a xxxxxxx is readily available. Finally, before an employee is referred for reasonable cause testing, the action must be approved by a senior member of Contractor management (above xxxxxxx/supervisor) or by a HU construction manager’s safety representative. All management representatives responsible for making such observations and/or referrals shall be required to attend a Department of Transportation (DOT) approved training program in order to be authorized to make such observations or referrals.
Reasonable Cause. Any information from whatever source derived that may be interpreted by either party as a potential violation of any term herein defined.
Reasonable Cause. Reasonable cause shall exist when a supervisor in the presence of a union representative, who are trained in the detection of controlled substances or alcohol use, articulate and can substantiate in writing specific, behavioral, performance or contemporaneous physical indicators of being under the influence of controlled substances or alcohol on the job. The objective indicators shall be recognized and accepted symptoms of intoxication or impairment caused by controlled substance or alcohol use, and shall be indicators not reasonably explained as resulting from causes other than the use of such controlled substances (such as but not by way of limitation: fatigue, lack of sleep, side effects of prescription or over the counter medication, reaction to noxious fumes or smoke, etc.) Cause is not reasonable, and thus not a basis for testing, if it is based solely on the observation and reports of third parties. The grounds for reasonable cause must be documented by the use of the Incident Report Form (the form agreed upon by the Employer and the Union). The following may constitute some of the reasonable causes to believe that an employee is under the influence of drugs or alcohol.
Reasonable Cause. Testing Upon reasonable cause, the City will require an employee to be tested for the use of alcohol. Reasonable cause is defined as an employee's observable action, appearance or conduct that clearly indicates the need for a fitness-for-duty medical evaluation. The employee's conduct must be witnessed by at least two (2) supervisors, if available. The witnesses must have received training in observing a person's behavior to determine if a medical evaluation is required. When the supervisor confronts an employee, a union representative should be made available. If no xxxxxxx is present, the employee may select another hourly paid employee to accompany him. Documentation of the employee's conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior. In addition, a copy will be sent to the Union in a timely manner. NON-DOT Reasonable Cause Testing: Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated alcohol testing and who do not hold a safety sensitive position are only subject to reasonable cause testing as provided herein, in accordance with supplemental practices.
