Common use of Post-Accident Clause in Contracts

Post-Accident. As soon as possible following an accident involving a Department vehicle, a post-accident drug and alcohol test shall be conducted under the following circumstances: 1) For all accidents involving the driver/employee that results in a fatality; or 2) If there is no fatality and if the driver/employee receives a citation for a moving traffic violation and either the accident involves bodily injury to a person who as a result of the accident immediately receives medical treatment away from the scene of the accident, or, one or more motor vehicles incur disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, or a citation is issued but no medical attention is required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no post-accident testing shall be conducted. If a post-accident alcohol test is not conducted within two hours following the accident, the Village shall prepare and maintain on file a record stating why the alcohol test was not promptly administered. If the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the alcohol test was not promptly administered. If a post-accident drug test is not conducted within 32 hours following the accident, the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administered. An employee who is subject to post-accident testing shall remain readily available for such testing or it may be deemed by the Village as a refusal to test. Nothing in this Section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary medical care. Drug and/or breath or blood alcohol tests conducted by federal, state, or local officials, having independent authority for the test, shall be considered to meet the post-accident testing requirements, provided such testing conforms to the applicable federal, state, or local drug and/or alcohol testing requirements and that the results are obtained by the Village.

Post-Accident. As soon as possible practicable following an accident involving a Department vehicleaccident, a post-accident drug the Village will require any surviving driver to submit to tests for alcohol and alcohol test shall be conducted under the following circumstancescontrolled substances if: 1) For all accidents involving . The driver was performing safety-sensitive functions with respect to the driver/employee that results in a fatalityvehicle and the accident involved the loss of human life; or 2) If there is no fatality and if the driver/employee receives . The driver received a citation under State or local law for a moving traffic violation and either arising from the accident involves bodily and the accident involved: a. Bodily injury to a person who who, as a result of the accident injury, immediately receives medical treatment away from the scene of the accident, ; or, one b. One or more motor vehicles incur incurring disabling damage as a result of the accident, requiring the motor vehicle(s) vehicle to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, Drivers are prohibited from using alcohol for eight hours following any accident or a citation is issued but no medical attention is until the required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no post-accident testing shall be conducted. If a post-accident alcohol test is not conducted administered, whichever occurs first. Every effort will be made to conduct post-accident drug and alcohol tests within two hours following the an accident, the Village shall prepare and maintain on file a record stating why the alcohol test was not promptly administered. If the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the alcohol test was not promptly administered. If a post-Any driver involved in an accident drug test is not conducted within 32 hours following the accident, the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administered. An employee who is subject to post-accident testing shall must therefore remain readily available for such testing or it may and will be deemed by the Village as considered to have refused to submit to testing if he/she fails to do so. This requirement will not, however, require a refusal driver to test. Nothing in this Section shall be construed to require the delay of any necessary medical attention for injured people following an accident or to prohibit an employee from leaving remain at the scene of an accident for the period when his/her absence is necessary to obtain assistance in responding to the accident, accident or to obtain necessary emergency medical care. Drug and/or In order to ensure expeditious testing, the Village will provide all drivers with information, procedures and instructions explaining the post-accident testing requirements. If an alcohol test is not administered within eight hours following an accident, the Village will make no further effort to administer an alcohol test and will document the reasons why the test was not administered within eight hours. In the event a drug test is not administered within 32 hours following an accident, the Village will cease its attempts to administer any further testing and prepare and maintain a record stating the reasons why the test was not promptly administered. The results of any breath or blood test for the use of alcohol tests or a urine test for the use of controlled substances, conducted by federalFederal, stateState, or local officials, officials having independent authority for the test, shall will be considered to meet the post-accident testing requirementsrequirements of this section, provided such testing conforms tests conform to the applicable federalFederal, state, State or local drug and/or alcohol testing requirements requirements, and that the results of the tests are obtained by the Village.

Post-Accident. As soon as possible following an accident involving a Department vehicle, a post(A) Post-accident drug and alcohol test shall urine testing will be conducted under the following circumstances: 1) For all accidents involving the driver/employee that results required of those employees who are involved in a fatality; or 2) If there is no fatality and reportable accident if the driver/employee receives driver received a citation for a moving traffic violation and either arising from the accident. A reportable accident involves bodily injury to is one in which: (a) a person who as a result of fatality occurs, or (b) an individual injured in the accident immediately receives medical treatment away from the accident scene of the accident, or, one or more motor vehicles incur disabling total property damage as a result of the accident, requiring the motor vehicle(sequals $4,400.00 or more. (B) to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, or a citation is issued but no medical attention is required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no The post-accident testing urine test shall be conductedconducted as soon as possible but not later than thirty-two (32) hours after the reportable or fatal accident. If The Employer shall permit the Union ▇▇▇▇▇▇▇ or Union Representative a post-reasonable amount of time (not to exceed one (1) hour) to travel to and consult with the employee prior to the employee being tested. (C) A driver who is seriously injured and cannot provide a specimen at the time of the accident alcohol test is not conducted within two hours following shall provide the necessary authorization for obtaining hospital records and reports that would indicate if a controlled substance was in the driver's system. (D) Disqualification for refusal to give a urine sample when a driver has been involved in a fatal accident, except for a driver who meets the Village conditions of (C), shall prepare be for a period of one (1) year via a letter stating his refusal to be tested. (See Disciplinary Action) (See Definitions) (E) A driver shall be disqualified via a letter of disqualification for a one (1) year period for a positive test of a controlled substance when the driver has been involved in a fatal accident. (See Disciplinary Action) (See Definitions) Refusal or failure to submit to such drug testing will automatically be considered a positive test result, and maintain on file a record stating why the alcohol test was not promptly administereddriver will be declared medically unqualified to drive for the Employer. If the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the alcohol test was not promptly administered. If a post-accident drug test is not conducted within 32 hours following the accident, the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administered. An employee who is Such drivers will be subject to postdisciplinary action. Where the employee appears unable or unwilling to give a specimen at the time of the collection, collection personnel shall document the circumstances on a drug-accident testing test report form. The employee shall be permitted no more than eight (8) hours to give a sample, during which time he shall remain readily available in the testing area, under observation. All time for which an employee is required to expend in providing a sample shall be considered work time, and the employee shall be paid for such testing or it time pursuant to the provisions of the parties' collective bargaining agreement. Reasonable amounts of water may be deemed by given to the Village as employee to encourage urination. Failure to submit to a sample shall be considered a refusal to testsubmit to a drug test (unless medical evidence for the physical inability to provide a sample is provided and documented). Nothing in this Section The drug screening tests shall be construed to require the delay capable of necessary medical attention for injured people following an accident identifying marijuana, cocaine, opiates (morphine & codeine), phencyclidine (PCP), and amphetamines (amphetamines, methamphetamine) or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary medical care. Drug and/or breath or blood alcohol tests conducted other drugs that may be specified by federal, state, or local officials, having independent authority for the test, shall be considered to meet the post-accident testing requirements, provided such testing conforms to the applicable federal, state, or local drug and/or alcohol testing requirements and that the results are obtained by the Villagefuture Motor Carrier Safety Regulations.

Post-Accident. As soon as possible following Post-accident testing will be conducted when an employee, driving a vehicle/equipment during the course of his or hertheir shift, has an accident involving a Department vehicle, a post-accident drug and alcohol test shall be conducted under the following circumstances: 1) For all accidents involving the driver/employee that which results in any of the following: • a fatality; or 2) If there is no fatality and if or • the driver/employee receives a citation for a moving traffic violation and either the accident involves bodily injury to a person who violation. As soon as a result of the accident immediately receives medical treatment away from the scene of the accident, or, one or more motor vehicles incur disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. For accidents where there is no fatality, no citation issued, or a citation is issued but no medical attention is required away from the scene and/or no vehicle must be removed from the scene by a tow truck, no post-accident testing shall be conducted. If a post-accident alcohol test is not conducted within two hours practicable following the an accident, the Village supervisor or another appropriate City administrator will indicate whether the operator(s) of any vehicle involved in the accident must report for specimen collection and/or an alcohol breath test. Such operators shall prepare be ordered to submit to testing. Alcohol and maintain on file a record stating why the drug testing must be conducted as soon as possible following an accident (as defined above), but in no case will an alcohol test was not promptly administered. If be conducted later than 8 hours after the alcohol test is not conducted within eight hours following the accident, the Village shall cease all attempts to complete the alcohol test incident; and shall prepare and maintain in no case will a record stating why the alcohol test was not promptly administered. If a post-accident drug test is not be conducted within later than 32 hours following after the accidentincident. Employees who are ordered to be tested under this section are to report immediately to the designated specimen collection and testing facility as instructed. The supervisor or other appropriate administrator will arrange transportation for the employee to the facility, as well as transportation to the Village shall cease all attempts to conduct the drug test and prepare and maintain on file a record stating why the drug test was not promptly administeredemployee’s place of residence. An Any employee who is subject to post-accident testing shall must remain readily available for such testing. If the employee does not or is not able to remain at the accident scene, he/she isthey are required under this policy to notify the City of his or her location until testing or it may is completed. This notification requirement will be deemed by considered to be met if the Village employee is unable, because of the need for medical treatment for personal injury, to remain at the site. If the employee fails to do this, when ordered, the City will interpret this action as a refusal to testundergo the required testing. Nothing However, nothing in this Section shall be construed section is designed to require the delay of necessary any appropriate action that may need to be taken by the employee in an emergency situation such as obtaining emergency assistance, seeking emergency medical attention for injured people following attention, etc. If a regular/probationary employee has a positive drug test or a breath test indicating an accident alcohol level of 0.04 or greater, the employee cannot return to prohibit an work until he/she hasthey have been evaluated by a substance abuse professional, complied with recommended rehabilitation, and has a negative result on a return to duty drug and/or alcohol test(s). In addition, the employee may also be required to undergo follow-up testing as outlined in this policy. The employee will be placed on a paid administrative leave from leaving the scene of an accident for the period necessary time they are required to obtain assistance in responding to the accidentundergo testing until such time testing, or any requested confirmation tests are completed. The employee may use any available leave balances to obtain necessary medical carecover any absences that occur from the time period between completion of confirmation tests until the time the employee is permitted to return to work. Drug and/or In addition to post-accident tests conducted under the procedures of this policy, the results of a breath or blood test for alcohol tests or a urine test for the use of prohibited drugs, conducted by federalFederal, stateState, or local officials, officials having independent authority for the testconducting such tests, shall be are considered to meet the this policy’s post-accident testing requirementstesting. For the enforcement of this policy, provided such testing conforms to the applicable federal, state, or local drug and/or alcohol testing requirements and that City will use the results of such tests when available. No additional confirmation tests are obtained required under this policy. The City will notify the employee that under this policy he/she hasthey have the option of undergoing an additional drug test within 32 hours of the incident if he/she choosesthey choose. Procedures for conducting this second test will be in accordance with this policy. The City will provide employees covered by this policy with all the Villagenecessary post-accident information, procedures and instructions so that all covered employees will be able to comply with the requirements of this policy.