Common use of Reasonable Cause Clause in Contracts

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).

Appears in 4 contracts

Samples: Plasterers Master Agreement, Plasterers Master Agreement, Plasterers Master Agreement

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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 “A” attached).

Appears in 1 contract

Samples: Labor Agreement

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