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Docusign Envelope ID: 5BEB38E3-9A4C-4D19-9586-Al7352C599AA <br />administered in a manner which would abrogate any power which may be within <br />the sole province and discretion of the Fire Department's governing board. <br />All grievances of employees represented by the Union shall be processed under this <br />section. <br />Section 21. Medical Examination <br />21.1 Fitness for Duty Exams <br />The Fire Chief retains the right to subject employees to job-related fitness for duty medical <br />examinations to ensure employees can safely perform the essential functions of their job <br />classifications as specified in established job descriptions. In the event the Eire Chief, after <br />consultation with the Human Resources Director, determines there are identifiable reasons to <br />believe an employee may be unable to safely perform the essential functions of their job <br />classification, an employee shall submit to a fitness for duty medical examination at any time <br />while on duty. The notice provided to the employee directing them to submit to a medical <br />examination does not need to include the identifiable reason(s) for the referral. A physician <br />selected by the Department shall conduct the fitness for duty examination and the full cost of the <br />examination shall be borne by the Department, as shall any medical examination required by the <br />Employer. A copy of the medical examination report shall be given to the employee. Should the <br />employee disagree with the opinion of the Department's physician, the employee may consult <br />with their own physician (at the employee's expense). If the employee's private physician's report <br />conflicts with the Department's physician in terms of ability to perform the duties of the <br />employee's regular job, the employee may request a medical examination by a third physician <br />mutually agreed upon by the employee and the Department. The employee and the Department <br />will share the costs for the third examination. The decision of the third physician concerning the <br />employee's fitness for duty shall determine the employee's ability to return to work. <br />21.2 Wellness-Fitness/Modified Duty Program <br />On August 1, 2001, the Department and the Union adopted the IAFC-IAFF Fire Service Joint <br />Labor Management Wellness -Fitness Initiative (3`d Edition as amended). Exceptions to the <br />current program may be implemented during the term of this MOU by mutual agreement between <br />the Department and the Union. <br />The Modified Duty Program permits eligible employees to return to work in a modified duty <br />capacity when an illness or injury prevents employees from performing their regular duties. The <br />program is outlined in the Department General Orders. <br />The Department shall provide all employees over the age of 40 with a twelve -lead stress EKG <br />examination biannually. If the test suggests an employee is immediately unsafe for fire <br />suppression duties, the Fire Chief will be notified that the employee is not fit for duty. No other <br />information will be provided to the Fire Chief or Employer without the employee's consent. <br />The Department shall provide a mandatory physical fitness program to the employees. <br />21.3 Substance Testing <br />Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix C to <br />this MOU. <br />33 <br />