ARTICLE 15. PHYSICAL STANDARDS AND EXAMINATIONS

A. COMPANY PHYSICAL STANDARDS AND EXAMINATIONS

1. Physical standards for Company physical examinations shall be no more restrictive than those standards set forth in the Federal Regulations and Waiver Policy to maintain an FAA Medical Certificate for Air Line Pilots.

2. It shall be the responsibility of each Pilot to arrange for regular medical examinations by a qualified aeromedical examiner of the Pilot’s choice, as required by the Federal Regulations.

a. The Company shall provide a written reminder to the Pilot at least thirty (30) calendar days prior to the expiration of his certificate.

b. It is the responsibility of the Pilot to provide the Company’s Training Department a copy of his new medical certificate at least five (5) calendar days before his old medical certificate expires. The Pilot shall promptly contact the Training Department in the event of unforeseen problems regarding this requirement.

c. The cost of required FAA physical examinations shall be borne by the Company.

B. COMPANY-REQUIRED EXAMINATIONS

1. The Company may require the Pilot to submit to a medical examination by a qualified Company-designated medical examiner should the Company have reasonable cause to question the medical qualification of a Pilot under the provisions of Paragraph A., (above), either to remain on flight status or to return to flight status after an illness or a medical leave. Should the Pilot request, the Company shall provide him with a written statement of the questions it has concerning his medical fitness prior to his examination date.

2. The cost of the Company-required examination shall be borne by the Company. In the event the examination is held at a location other than the Pilot’s domicile or place of residence, the Pilot shall receive reimbursement for actual and reasonable expenses incidental to his attendance. A Pilot shall suffer no loss in pay as the result of attending any medical examination conducted in compliance with Paragraph B. 1. of this Article.

3. Any Pilot who fails to pass the Company physical examination will be removed from flight pay status and, based on eligibility, may be placed on sick days, medical leave, or such other applicable status as may be provided in this Agreement. Such Pilot may, at his option, have his case reviewed in the following manner:

a. He may employ a qualified medical examiner of his own choosing and at his own expense to conduct a physical examination for the same purpose as the physical examination made by the medical examiner designated by the Company.

b. A copy of the findings of the employee-designated medical examiner will be provided to the Company, and in event the findings confirm the results of the Company-designated medical examiner, no further medical.review of the case shall be afforded.

c. In the event that the findings of the employee-designated medical examiner disagree with the findings of the Company-designated medical examiner, the Company will, within thirty (30) calendar days, at the written request of the employee, ask that the two (2) medical examiners agree upon and appoint a third qualified and disinterested medical examiner, preferably a specialist, for the purpose of making a further physical examination of the employee.

d. The third party medical examiner will make a further examination of the Pilot within a thirty (30) calendar day period, and the case shall be settled on the basis of his findings.

e. The expense of employing the third party medical examiner shall be borne one-half (.5) by the Pilot and one-half (.5) by the Company. Copies of the third party medical examiner’s report will be provided to the Company.and to the Pilot.

4. Medical records and other information obtained as the result of a Company-required medical examination or subsequent examinations pursuant to Paragraph B. 1. (above), shall be treated as confidential. To the extent possible, access to such records and information shall be restricted to only that information required to resolve medical fitness issues and only those individuals with a bona fide need for such information.

C. SUBSTANCE TESTING

1. The Company shall require Pilots to undergo drug and alcohol testing to the extent required by Federal Regulations and Company policy. The Company shall provide the Association with a copy of its drug and alcohol testing policy, as applicable to Pilots.

2. Where, because of a Pilot’s actions, conduct or appearance on the job, the Company has reasonable cause to suspect that the Pilot is under the influence of alcohol, drugs, or other controlled substances, the Pilot will be requested to immediately submit to screening tests, including breathalyzer and urine testing. A Pilot who refuses to participate in the testing will be subject to appropriate action by the Company.

3. A Pilot who fails to comply with Federal or Company standards on drug and alcohol use will be subject to appropriate action by the Company.

4. The Company will assure that personnel administering Company drug and alcohol tests comply with all applicable Company policies and Federal Regulations governing such tests.

5. A Pilot requested to submit to a drug and alcohol test shall suffer no loss of pay resulting from his participation in such test(s) if the test(s) results are negative.

6. When a Pilot is required to undergo drug testing, the Company will utilize a “split sample” procedure.

a. One sample shall be used for the test. The cost of maintaining the “chain of custody” and the test itself shall be borne by the Company.

b. The second sample shall be retained and stored in a manner which shall preserve its validity as a testing sample and which complies with “chain of custody” requirements.

c. In the event the first sample tests negative, the second sample shall be destroyed.

d. In the event the first sample tests positive, the Pilot may direct, within seventy-two (72) hours of notification, that the second sample be tested by a NIDA (National Institute of Drug Abuse) certified laboratory of his choice. The Company shall bear all costs associated with the forwarding and testing of the second sample.

7. If the FAA requires, or the Company makes, any change(s) to the drug and alcohol testing program, the Company shall notify the Association prior to the implementation of the change.

a. The parties shall meet and confer on the manner in which the change(s) is to be accomplished.

b. Should the Company be required to implement any changes before conferences can be held, the conferences shall occur within thirty (30) calendar days of implementation of the changes.