Incident Testing Clause Samples
The Incident Testing clause establishes the procedures and requirements for testing a party's response to potential security incidents. Typically, this involves conducting simulated incident scenarios or tabletop exercises to evaluate the effectiveness of incident response plans and the readiness of personnel. By mandating regular testing, the clause ensures that both parties can identify weaknesses in their incident management processes and improve their ability to respond to real security events, thereby reducing risk and enhancing overall preparedness.
Incident Testing. If an Employee is involved, or injured in a workplace accident, the Employee may, at the discretion of the Employer, be required to submit to a urine test and/or alcohol breathalyzer test to determine the presence of alcohol or drugs in the body, provided that Employer has a reasonable basis for concluding drugs or alcohol may have contributed to the injury or such testing is required by any state or federal law or regulation regarding drug free workplace programs or workers compensation requirements. Incident drug testing or a threat of same may not be used as a form of discipline or retaliation against any employee who reports an injury or illness.
(a) The supervisor must immediately notify the Business Manager or his representative.
(b) Employer representatives, supervisors and key management jobsite personnel and all jobsite hourly employees, business agents, job referral administrators, and union stewards will be provided with a training program which will include the information required to make a proper determination as to the fitness for duty issues and proper implementation of this program.
(c) A Union sponsored class will be conducted once per quarter or as needed and funded by the JCTF for management personnel responsible for using the voluntary drug test program. All jobsite hourly employees, business agents, job referral administrators and union stewards, management representatives or personnel must have undergone equivalent testing, must possess a current, valid “Drug-Free Card” to participate in the implementation of this program.
(d) If incident testing is to occur, the Employee shall have the right to have a representative of the Union present, which may be the Business Representative. If the Business Representative is not accessible within one (1) hour, the job ▇▇▇▇▇▇▇, or a co-worker of the Employee’s choosing shall serve as representative.
(e) The Employee will be provided with an opportunity to explain his or her conduct at a meeting with the management, including the Union Representative referred to in Section 6(c), provided that such Union Representative is reasonably available and provided further that all reasonable efforts have been made to attempt to have such Union Business Representative present within one (1) hour.
Incident Testing. A district FT employee conducting district business, if involved in a reportable accident or incident, will be tested if one (1) or more of the following occur:
1. A citation for a moving violation;
2. The estimated accumulative damage or liability (includes property and other damage involved) is $2,500 or more and/or the vehicle is towed;
3. There is a reasonable cause to believe that the employee is under the influence.