Reasonable Suspicion Testing All Employees Performing Safety-Sensitive Functions
A. Reasonable suspicion testing for alcohol or controlled substances may be directed by the Employer for any employee performing safety-sensitive functions when there is reason to suspect that alcohol or controlled substance use may be adversely affecting the employee’s job performance or that the employee may present a danger to the physical safety of the employee or another.
B. Specific objective grounds must be stated in writing that support the reasonable suspicion. Examples of specific objective grounds include but are not limited to:
1. Physical symptoms consistent with alcohol and/or controlled substance use;
2. Evidence or observation of alcohol or controlled substance use, possession, sale, or delivery; or
3. The occurrence of an accident(s) where a trained manager, supervisor or lead worker suspects alcohol or other controlled substance use may have been a factor.
Reasonable Suspicion a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke.
b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above-stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested.
c. If the SFMTA requires an employee to be tested under reasonable suspicion, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the SFMTA may allow a reasonable amount (a maximum of one hour) of time for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested.
d. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested.
e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix.
f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.
Reasonable Care The Collateral Agent is required to exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purposes as any owner thereof reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent, to comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.
Recipient’s Representative; Addresses 6.01. The Recipient’s Representative referred to in Section 7.02 of the Standard Conditions is the Minister of Finance of the Palestinian Authority.
6.02. The Recipient’s Address referred to in Section 7.01 of the Standard Conditions is: Ministry of Finance of the Palestinian Authority Ramallah West Bank Facsimile: 02 240 0595 02 295 1231 02 297 8831
6.03. The World Bank’s Address referred to in Section 7.01 of the Standard Conditions is: International Development Association 0000 X Xxxxxx, X.X. Washington, D.C. 20433 United States of America Cable: Telex: Facsimile: INDEVAS Washington, D.C. 248423 (MCI) or 64145 (MCI) 0-000-000-0000 PALESTINE LIBERATION ORGANIZATION (for the Benefit of the Palestinian Authority) By /s/ Xxxxx Xxxxxx Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION (as Administrator of the Trust Fund for Gaza and West Bank) By /s/ Xxxx X. Xxx-Xxxxxx The objective of the Project is to improve solid waste disposal services for the communities and businesses of Palestinian municipalities and joint services councils in the Bethlehem and Hebron governorates, through provision of an efficient socially acceptable and environmentally friendly mechanism, including (i) strengthening the joint services council administrative and technical capabilities for a cost-effective management of waste disposal services; (ii) improving the waste disposal services, through provision of a sanitary landfill facility and related infrastructure; and (iii) carrying out a public awareness campaign for promoting waste minimization, resource recovery and cost recovery for financial viability. The Project consists of the following parts:
Part 1. Institutional Strengthening and Public Awareness
(a) Capacity building of the JSC-H&B to improve the JSC-H&B’s institutional and human resources capacity in policy, operational and administrative aspects of solid waste management, through the financing of consultants’ services, workshops, study tours, campaigns and training.
(b) Capacity building and strengthening of the Environmental Quality Authority (“EQA”) in monitoring and reporting on environmental aspects in the performance of transfer stations, landfill facilities, and the closure and rehabilitation for interim use of dump sites, through the financing of consultants’ services, workshops and training.
(c) Raising public awareness on solid waste management at the regional and local level and strengthening relations with beneficiary communities, through the financing of consultants’ services, workshops, training and awareness campaigns.
Part 2. Development and implementation of solid waste management investments
(a) Design, construction and operation of a sanitary landfill facility in the vicinity of Al-Menya in Bethlehem Governorate, including associated infrastructure (including, but not limited to, service roads, access roads, water and electricity connections, administration and storage buildings) and rehabilitation of existing associated infrastructure through the financing of goods, civil works and consultants’ services.
(b) Construction and operation of a transfer station in Hebron governorate, including installation of waste compactors, through the financing of goods, civil works and consultants’ services.
(c) Construction and installation of waste recycling pilots at the landfill facility to be constructed under Part 2(a) of the Project, through the financing of civil works and consultants’ services.
(d) Supply of operational equipment for the landfill to be constructed under Part 2(a) of the Project (bulldozers, compactors and loaders), through the financing of goods;
(e) Supply of waste containers and waste container hauling vehicles for the transfer station to be installed under Part 2(b) of the Project, through the financing of goods; and
(f) Clean-up, rehabilitation and closure of existing uncontrolled dumpsites in the Bethlehem and Hebron governorates, through the financing of goods, civil works, and consultants’ services.
Part 3. Innovation window for waste recycling and composting
(i) the feasibility and design of pilot projects for waste collection optimization, waste minimization, and waste recovery for recycling and composting, including plans towards organizing waste pickers into commercially-viable service organizations; and
(ii) the implementation of pilot schemes in waste recycling which will include investments required to launch small businesses or cooperatives, or both, through the financing of consultants’ services.
Part 4. Project Management support
Guarantor Information, Notice Owner reserves the right to notify any Guarantor of any action taken or notice given with regard to Resident under this Agreement. If Resident or Guarantor has supplied information by means of an application for residency, guaranty of payment or other documentation, Resident and Guarantor, as the case may be, represent that such information is true and correct and given voluntarily and knowingly. Owner and its management agent reserve the right to release any such information and/or Resident’s account history to law enforcement, government officials, lenders and prospective purchasers of the Property.
