Reasonable Cause. An employee will be required to undergo immediate drug and blood 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 as part of this policy in Appendix G.
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).
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 steward 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.
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. Any information from whatever source derived that may be interpreted by either party as a potential violation of any term herein defined.
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 steward, provided a steward 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 foreman/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. Whenever a supervisor has reasonable cause to believe that an employee is under the influence of a controlled substance or alcohol while on duty, another supervisor shall be called to confirm that reasonable cause exists to believe that the employee is under the influence of a controlled substance or alcohol. Efforts will be made to use a supervisor from another department as long as confidentiality can be maintained. Reasonable suspicion may include, but is not limited to, the following: ● Impairment of an employee’s faculties ● Odor of alcohol on the breath ● Slurred speech or rapid, incomprehensible speech ● Inability to concentrate ● Unsteady gait ● Bloodshot eyes and/or large, fixed pupils ● Implication of a drug activity (possession, sale) ● Suspected theft of a controlled substance from the hospital
Reasonable Cause. —(1) In general. The failure to meet the requirements of paragraph (2) or (3) of section 856(c) § 1.856–7(or of both paragraphs) will be consid- ered due to reasonable cause and not due to willful neglect if the real estate investment trust exercised ordinary business care and prudence in attempt- ing to satisfy the requirements. Such care and prudence must be exercised at the time each transaction is entered into by the trust. However, even if the trust exercised ordinary business care and prudence in entering into a trans- action, if the trust later determines that the transaction results in the re- ceipt or accrual of nonqualified income and that the amounts of such non- qualified income, in the context of the trust’s overall portfolio, reasonably can be expected to cause a source-of-in- come requirement to be failed, the trust must use ordinary business care and prudence in an effort to renego- tiate the terms of the transaction, dis- pose of property acquired or leased in the transaction, or alter other ele- ments of its portfolio. In any case, fail- ure to meet an income source require- ment will be considered due to willful neglect and not due to reasonable cause if the failure is willful and the trust could have avoided such failure by taking actions not inconsistent with ordinary business care and pru- dence. For example, if the trust enters into a lease knowing that it will produce nonqualified income which reasonably can be expected to cause a source-of-income requirement to be failed, the failure is due to willful ne- glect even if the trust has a legitimate business purpose for entering into the lease.(2) Expert advice—(i) In general. Thereasonable reliance on a reasoned, written opinion as to the characteriza- tion for purposes of section 856 of gross income to be derived (or being derived) from a transaction generally con- stitutes ‘‘reasonable cause’’ if income from that transaction causes the trust to fail to meet the requirements of paragraph (2) or (3) of section 856(c) (or of both paragraphs). The absence of such a reasoned, written opinion with respect to a transaction does not, by itself, give rise to any inference that the failure to meet a percentage of in- come requirement was without reason- able cause. An opinion as to the char- acter of income from a transaction in-26 CFR Ch. I (4–1–12 Edition)cludes an opinion pertaining to the use of a standard form of transaction or standard operating procedure in a case where such standard f...