IAFF MOU 2012 - Laserfiche WebLink

26.10 The provision of this Section shall not abridge any right to which an employee may be entitled under the Fire Department ordinance and resolution, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the Fire Department's governing board. All grievances of employees represented by the Union shall be processed under this section. Section 27. Medical Examination 27.1 Exams In the event the Fire Chief determines there is a necessity for a medical examination, an employee shall submit to such medical examination at any time while on duty. A physician selected by the Fire Department shall give such examination and the full cost shall be borne by the Fire Department,as shall any medical examination required by the Fire Department. A copy of said medical examination shall be given to the employee. Should the employee disagree with the medical opinion of the examination, the employee may consult with his/her own physician (at employee's expense) and if his/her private physician's report conflicts with the Fire Department's physician in terms of ability to work at the employee's regular job, then the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Fire Department. The employee and the Fire Department will share the costs for the third examination. The decision of the third physician concerning the ability of the employee to perform his/her duties shall be the basis for the employee returning to work. 27.2 Wellness-Fitness/Modified Duty Program On August 1, 2001, the Department and Local adopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative. Any exceptions to the current program (3rd edition with modifications) implemented during the term of the agreement will be mutually agreed upon by the Department and the Local. The Modified Duty Program establishes a policy whereby Local #1974 eligible employees are returned to work in a modified duty capacity, should an illness or injury prevent the employee from performing his or her regular duties. The program is outlined in a departmental General Order. The Department shall provide all employees over the age of 40 with a twelve-lead stress EKG examination biannually. If the test suggests the employee is immediately unsafe for fire suppression duties, the Fire Chief will be notified. Otherwise, test results are confidential to the testing doctor, employee and as necessary,the employees primary care physician. The Department shall provide a mandatory physical fitness program to the employees. Section 28. Outside Employment Employees who plan to engage in regular employment during his/her off duty time must notify the Fire Chief of said employment in writing on the LPFD-Outside Employment Form. 37