Article 14 Safety and Health: Difference between revisions
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Revision as of 23:20, 6 January 2022
Article 14 Safety and Health
Section 14.1 Responsibilities
It is the responsibility of management to provide safe working conditions in all present and future installations and to develop a safe working force. The Union will cooperate with and assist management to live up to this responsibility. The Employer agrees to give appropriate consideration to human factors in the design and development of automated systems.
Section 14.2 Cooperation
- The Employer and the Union insist on the observance of safe rules and safe procedures by employees and insist on correction of unsafe conditions. Mechanization, vehicles and vehicle equipment and the work place must be maintained in a safe and sanitary condition, including adequate occupational health and environmental conditions. The Employer shall make available at each installation forms to be used by employees in reporting unsafe and unhealthful conditions. If an employee believes he/she is being required to work under unsafe conditions, such employees may:
- notify the employee's supervisor who will immediately investigate the condition and take corrective action if necessary;
- notify such employee's steward, if available, who may discuss the alleged unsafe condition with such employee's supervisor;
- file a grievance at Step 2 of the grievance procedure within fourteen (14) days of notifying such employee's supervisor if no corrective action is taken during the employee's tour;
- and/or make a written report to the Union representative from the local Safety and Health Committee who may discuss the report with such employee's supervisor. Upon written request of the employee involved in an accident, a copy of the PS Form 1769 (Accident Report) will be provided.
- Any grievance which has as its subject a safety or health issue directly affecting an employee and which is subsequently properly appealed to arbitration in accordance with the provisions of Article 15 may be placed at the head of the appropriate arbitration docket.
Section 14.3 Implementation
To assist in the positive implementation of the program:
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- There shall be established at the Employer's Headquarters level, a Joint Labor-Management Safety Committee. Repre- sentation on the Committee, to be specifically determined by the parties, shall include representatives from the Union and representatives from appropriate Departments in the Postal Service. Not later than 60 days following the effec- tive date of this Collective Bargaining Agreement, desig- nated representatives of the Union and Management will meet for the purpose of developing a comprehensive agenda which will include all aspects of the Employer's Safety Pro- gram. Subsequent to the development of this agenda priori- ties will be established and a tentative schedule will be de- veloped to insure full discussion of all topics. Meetings may also be requested by either party for the specific purpose of discussing additional topics of interest within the scope of the Committee.
- The responsibility of the Committee will be to evaluate and make recommendations on all aspects of the Employer's Safety Program, to include program adequacy, implementa- tion at the local level, and studies being conducted for im- proving the work environment.
- The Chairman will be designated by the Employer. The Un- ion, in conjunction with the Chairman, shall schedule the meetings, and recommend priorities on new agenda items. The Employer shall furnish the Union information relating to injuries, illness and safety, including the morbidity and mortality experience of employees. This report shall be in the form of reports furnished OSHA on a quarterly basis.
- The Headquarters level Committee will meet quarterly and the Employer and Union Representatives will exchange pro- posed agenda items two weeks before the scheduled meetings. If problems or items of a significant, National nature arise between scheduled quarterly meetings any party may request a special meeting of the Committee. Any party will have the right to be accompanied to any Committee meeting by no more than two technical advisors.
- There shall be established at the Employer's Area level, a Regional/Area Joint Labor-Management Safety Committee, which will be scheduled to meet quarterly. The Employer and Union Representatives will exchange proposed agenda items two weeks before the scheduled meetings. If problems or items of a significant, Regional/Area-wide nature arise between scheduled quarterly meetings, any party may re- quest a special meeting of the Committee. Any party will have the right to be accompanied to any committee meeting by no more than two technical advisors.
- Representation on the Committee shall include representa- tives from the Union and appropriate representatives from the Postal Service Area Office. The Chairman will be designated by the Employer.
- The Employer will make Health Service available for the treat- ment of job related injury or illness where it determines they are needed. The Health Service will be available from any of the fol- lowing sources: government or public medical sources within the area; independent or private medical facilities or services that can be contracted for; or in the event funds, spaces and personnel are available for such purposes, they may be staffed at the installa- tion. The Employer will promulgate appropriate regulations which comply with applicable regulations of the Office of Work- ers Compensation Program, including employee choice of health services.
- The Employer will comply with the Postal Employees Safety Enhancement Act of 1998.
Section 14.4 Local Safety Committee
At each postal installation having 50 or more employees, a Joint Labor- Management Safety and Health Committee will be established. Similar committees may be established upon request of the installation head in in- stallations having fewer than 50 employees, as appropriate. Where no Safety and Health Committee exists, safety and health items may be placed on the agenda and discussed at labor-management meetings. There shall be equal representation on the Committee between the participating unions and management. The representation on the Committee, to be specifically de- termined by the parties, shall include one person from each of the partici- pating unions and appropriate management representatives. The Chairman will be designated by the Employer.
It is recognized that under some circumstances, the presence of an addi- tional employee employed at the installation will be useful to the local Safety and Health Committee because of that employee's special expertise or experience with the agenda item being discussed. Under these circum- stances, which will not normally be applicable to most agenda items, the employee may, at the request of the Union, be in attendance only for the time necessary to discuss that item. Payment for the actual time spent at such meetings by the employee will be at the applicable straight-time rate, providing the time spent is a part of the employee's regular workday.
Section 14.5 Subjects for Discussion
Individual grievances shall not be made the subject of discussion during Safety and Health Committee meetings.
Section 14.6 Employee Participation
It is the intent of this program to insure broad exposure to employees, to develop interest by active participation of employees, to insure new ideas being presented to the Committee and to make certain that employees in all areas of an installation have an opportunity to be represented. At the same time, it is recognized that for the program to be effective, it is desirable to provide for a continuity in the committee work from year to year. Therefore, except for the Chairman and Secretary, the Committee members shall serve three-year terms and shall at the discretion of the Union be eligible to succeed themselves.