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Section 21. Medical Examination 21.1 Fitness for Duty Exams The Fire Chief retains the right to subject employees to job-related fitness for duty medical examinations to ensure employees can safely perform the essential functions of their job classifications as specified in established job descriptions. In the event the Fire Chief, after consultation with the Human Resources Director, determines there are identifiable reasons to believe an employee may be unable to safely perform the essential functions of their job classification, an employee shall submit to a fitness for duty medical examination at any time while on duty. The notice provided to the employee directing them to submit to a medical examination does not need to include the identifiable reason(s) for the referral.A physician selected by the Department shall conduct the fitness for duty examination and the full cost of the examination shall be borne by the Department,as shall any medical examination required by the Employer. A copy of the medical examination report shall be given to the employee. Should the employee disagree with the opinion of the Department's physician, the employee may consult with their own physician (at the employee's expense). If the employee's private physician's report conflicts with the Department's physician in terms of ability to perform the duties of the employee's regular job,the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Department. The employee and the Department will share the costs for the third examination. The decision of the third physician concerning the employee's fitness for duty shall determine the employee's ability to return to work. 21.2 Wellness-Fitness/Modified Duty Program On August 1, 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. 21.3 Substance Testing Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix C to this MOU. Section 22. 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. 4894-5387-2224 v2 31