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• 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 conceming 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 (3`d 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. No employee shall accept outside employment that places him/her in conflict with the Department. No employee shall solicit outside employment while on duty for the Department or use his/her Department position as an aid or leverage to gain outside employment. Section 29. Americans with Disabilities The Department and the Union recognize that the Department has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the work place because of a disability. If by reason of the aforesaid requirement, the Department contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in potential conflict with any provision of this Memorandum of Understanding, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the Department. Section 30. Miscellaneous 41