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The decision of the third physician concerning the employee's fitness for duty shall determine the employee's ability to return to work. 27.2 Wellness-Fitness/Modified Duty Program On August I,2001,the Department and the Union adopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative(3`d Edition as amended).Exceptions to the current program may be implemented during the term of this MOU by mutual agreement between the Department and the Union. The Modified Duty Program permits eligible employees to return to work in a modified duty capacity when an illness or injury prevents employees from performing their regular duties. The program is outlined in the Department General Orders. The Department shall provide all employees over the age of 40 with a twelve-lead stress EKG examination biannually. If the test suggests an employee is immediately unsafe for fire suppression duties,the Fire Chief will be notified that the employee is not fit for duty.No other information will be provided to the Fire Chief or Employer without the employee's consent. The Department shall provide a mandatory physical fitness program to the employees. ,27.3 Substance Testing (Formatted.Font:Bold Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix E to this MOU. Section 28. Outside Employment Employees who plan to engage in regular employment during their off duty time must notify the Fire Chief of said employment in writing on the Department's Outside Employment Form. No employee shall accept outside employment that creates a conflict with their full-time employment with the Department. Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment. Section 29. Disability Accommodations The Union recognizes that the City has an obligation under law to meet with individual employees who request reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with applicable law and the accommodation conflicts with any provision of this MOU,the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department. 41