Preventable Clause Samples

The 'Preventable' clause defines circumstances under which certain events, damages, or losses could have been avoided through reasonable care or action. In practice, this clause typically applies to situations where a party's negligence or failure to act results in harm that could have been prevented, such as not maintaining equipment or ignoring safety protocols. Its core function is to allocate responsibility by distinguishing between unavoidable incidents and those that could have been averted, thereby clarifying liability and encouraging proactive risk management.
Preventable. An accident or incident in which the Company’s operator is partially negligent, partially responsible or partially at fault for the accident. The Company’s operator would have contributed to the accident by not doing everything reasonably possible to prevent the accident. Therefore, the driver and the adverse party share the responsibility for the accident or incident. Report Time is defined as the stated time an operator is required to physically be at a given point to assume his/her assigned duties. Report Time Pay is defined as pay for a given period of time immediately prior to the start of platform hours. Run is defined as any straight through work or combination of work grouped together which pays a minimum of forty (40) hours per week including report and travel time and which is posted and selected at a general pick. All other pieces of work shall be classed as extra work. Service Employees are maintenance employees who are capable of and can satisfactorily perform any type of service labor such as, but not limited to, hosteling, gassing, fueling, oiling and cleaning of such vehicles or equipment or units or component parts thereof as may be assigned by the Employer for services, and the maintenance of buildings and grounds. Service Employees Minimum Qualifications. Six (6) months of experience servicing motor vehicles or other combinations of training and/or experience which can be demonstrated to result in the possession of the knowledge, skills and abilities necessary to perform the duties of this position will also be considered. Possession of a valid Wisconsin driver's license. Must possess Class B Commercial Driver’s License, without an Air Brake restriction; “P” endorsement is not a requirement. Transit Operator/Mass Transit Operator. For purpose of present day contract construction, a transit operator, or mass transit operator, are employees who transport passengers.
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Preventable. The employee shall have the right to appeal the decision of the Board and request that they reconsider their decision. This request for appeal shall be provided in writing to the Chairperson and shall be accomplished within five (5) working days from notification of the decision by the Board. The decision of the Safety Review Board after an appeal, if there is one, shall be final and binding and not subject to the grievance procedure as described in this Labor Agreement.
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Preventable. The employee/driver could have taken reasonable action or measures that would have prevented the collision from occurring.
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Preventable. If the collision is determined to have been preventable, the Assistant Chief of Police shall: a. Categorize: Make an initial determination as to whether the preventable collision was Category 1 or Category 2. 1. Category 1: Non-chargeable (not an infraction), at fault collision (i.e. hitting a pole or backing into a car in a parking lot). 2. Category 2: Chargeable (an infraction was committed), at fault collision (i.e. Failure to Yield Right of Way, Unsafe U-Turn).
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Preventable. If the Board determined the collision to be preventable, the Assistant Chief or designated lieutenant ▇▇▇▇ make a discipline recommendation to the Chief of Police, based on the Collision Review Discipline Matrix. If there are mitigating or aggravating circumstances in the investigation related to the current collision or previous collisions the Assistant Chief or designated lieutenant may make recommendations to the Chief of Police for discipline in the matrix that is higher or lower than stated within the matrix. If the Assistant Chief or designated lieutenant stays within the matrix and the Chief of Police determines there are mitigating factors or extenuating circumstances in the investigation related to the collision, the Chief of Police exercise disciplinary measures in the matrix that are higher or lower than stated within the matrix.
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Preventable. If the Board determined the collision to be preventable, the Assistant Chief will make a discipline recommendation to the Chief of Police, based on the Collision Review Discipline Matrix. Placement on the matrix may be higher or lower than the collision dictates based on exigent or mitigating circumstances.
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Related to Preventable

  • Preventive cleaning (periodontal cleaning in the presence of inflamed gums is considered to be a Basic Benefit for payment purposes), topical application of fluoride solutions, space maintainers.

  • Preventive Drugs When purchased at any pharmacy: Must be prescribed by a physician. See Prescription Drug section for details. $0 Not Covered Nicotine Replacement Therapy (NRT) and Smoking Cessation Prescription Drugs When purchased at any pharmacy: Must be prescribed by a physician. See Prescription Drug section for details. Tier 1 Preventive: $0 Tier 1 Non-preventive: $10 - After deductible Not Covered Tier 2 Preventive: $0 Tier 2 Non-preventive: $45 - After deductible Not Covered Tier 3: $70 - After deductible Not Covered Tier 4: $90 - After deductible Not Covered Tier 5: NRT and Smoking Cessation drugs are only placed in Tier 1, Tier 2, Tier 3, or Tier 4. See above. Not Covered When purchased at a Mail Order Pharmacy: Not Covered Not Covered

  • Preventive Care This plan covers preventive care as described below. “

  • Laboratory a. Drug tests shall be conducted by laboratories licensed and approved by SAMSHA which comply with the American Occupational Medical Association (AOMA) ethical standards. Upon advance notice, the parties retain the right to inspect the laboratory to determine conformity with the standards described in this policy. The laboratory will only test for drugs identified in this policy. The City shall bear the cost of all required testing unless otherwise specified herein. b. Tests for all controlled substances, except alcohol, shall be by oral fluid testing and shall consist of two procedures, a screen test and, if that is positive, a confirmation test. c. To be considered positive for reporting by the laboratory to the City, both samples must be tested separately in separate batches and must also show positive results on the confirmatory test. d. In the event of a positive test, the testing laboratory will perform an automatic confirmation test on the original specimen at no cost to the Covered Employee. In addition, the testing laboratory shall preserve a sufficient specimen to permit an independent re-testing at the Covered Employee’s request and expense. The same, or any other, approved laboratory may conduct re-tests. The laboratory shall endeavor to notify the designated MRO of positive drug, alcohol, or adulterant tests results within five (5) working days after receipt of the specimen.

  • Medically Necessary In general, We will not Cover any dental service, procedure, treatment, test or device that We determine is not Medically Necessary. If an External Appeal Agent certified by the State overturns Our denial, however, We will Cover the service, procedure, treatment, test or device for which coverage has been denied, to the extent that such service, procedure, treatment, test or device, is otherwise Covered under the terms of this Contract.