Terms and Conditions of Testing. The Employer and the Union hereby agree that all bargaining unit members, as a condition of this Agreement, shall be required to submit, upon request, to a urinalysis, breath test, and/or blood test to detect the presence of illegal drugs or alcohol in their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under the influence of illegal drugs or alcohol while on the Employer's premises or conducting the Employer's business.
B. Following a work related accident or safety violation. Employees who are directed to submit to testing shall be required to sign a consent form, the form of which will be developed by the Director of Human Resources, which will include consent that notice of the test results will be released to the Director of Human Resources, or in his absence, the City Manager. The Employer and the Union hereby agree that if employees of the bargaining unit are required to submit to testing, failure or refusal to submit to the testing may result in appropriate disciplinary action which may include suspension or dismissal. The actual discipline to be imposed shall take into consideration all facts and circumstances including the expressed reasons for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and the employee's job performance. Employees who have been found, through the testing procedures identified in Section 15.3 below, to have been under the influence of drugs or alcohol, or who have engaged in conduct which obstructs the testing procedures (i.e. the use of masking agents or other products to adulterate or dilute specimens), shall not be paid for the time they are off work awaiting the testing results, and shall be subject to appropriate disciplinary action including suspension or dismissal.
Terms and Conditions of Testing. The Employer and the Union hereby agree that all bargaining unit members, as a condition of this Agreement, will be required to submit, upon request, to a urinalysis, breath test, and/or blood test to detect the presence of illegal drugs or alcohol in their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under the influence of illegal drugs or alcohol while on the Employer's premises or
B. Following a work related accident or safety violation.
Terms and Conditions of Testing. 3.1 In accordance with the terms of clause 2.3 where Vendor shall inform PCICo of any significant change in each Security Solution, PCICo may decide in its sole discretion (i) that such Security Solution is deemed to remain compliant by sending a new Compliance Notification or (ii) to request Vendor to resubmit a modified Security Solution for a new Testing within one (1) month upon receipt by PCICo of said information given pursuant to clause 2.3 and subject to payment of the related new Testing fee (and Additional Testing fee if applicable) as specified in Schedule 1.
3.2 Notwithstanding clause 3.1, if at any time PCICo believes that a Security Solution is no longer compliant with the PCI Standard, PCICo shall be entitled to require Vendor to resubmit such Security Solution for a new Testing within three
3.3 Vendor shall have no "right of access" to any data associated with the ASV Program or Testing, except as allowed by PCICo under this Agreement.
3.4 PCICo shall have no obligation with respect to Vendor having not successfully completed Testing other than informing Vendor that Vendor is not compliant with the PCI Standard by sending a non-compliance notification to Vendor.
3.5 PCICo may amend, remove, add to or suspend any provision of the ASV Program, or cease to operate the ASV Program, whether with or without replacing it with any other program, in its discretion. Additionally, PCICo may from time to time require Vendor to provide a representative to attend any mandatory training programs in connection with the ASV Program, which may require the payment of attendance and other fees.
3.6 In order to assist in ensuring the reliability and accuracy of Vendor's testing and assessment procedures for Vendor Clients, Vendor hereby agrees to provide to any Member, within 15 days of written request by such Member, such Vendor Client testing and assessment results as such Member (as applicable) may reasonably request with respect to any Vendor Client that is a Financial Institution of such Member, Issuer of such Member, Merchant authorized to accept such Member's payment cards, Acquirer of accounts of Merchants authorized to accept such Member's payment cards or Processor performing services for such Member's Financial Institutions, Issuers, Merchants or Acquirers. Each agreement between Vendor and its Vendor Clients shall include such provisions as may be required to ensure that Vendor has all necessary rights, licenses and other permissions necessary for V...
