Common use of Reasonable Cause Clause in Contracts

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 ▇▇▇▇▇▇▇, provided a ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇/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.