ARTICLE 14 - HEALTH AND SAFETY
Occupational safety and health is the mutual concern of the Employer, the Labor Council, and employees. The Labor Council will cooperate with the Employer in encouraging employees to comply with applicable safety rules and regulations.
The Employer and employees shall comply with applicable Federal, State, and local safety laws, rules and regulations; and departmental safety rules and regulations.
Whenever safety devices or personal protection equipment are provided by the Employer, the employee shall be required to use and care for them.
All employees shall report promptly unsafe conditions to their supervisors. If the supervisor does not abate the problem, the matter should then be reported to the appropriate management designee. In such event, employees shall not be disciplined for reporting these matters to these persons. The appropriate supervisor shall attempt to abate the problem or will report to the employee or his/her representative in five (5) days or less reasons why the problem cannot be abated in an expeditious manner.
The Employer will not instruct an employee to operate any equipment which anyone in the exercise of ordinary care would reasonably know that such operation might cause injury to the employee or anyone else. An employee shall not be subject to disciplinary action by reason of his/her failure or refusal to operate or handle any such unsafe piece of equipment. In the event that a disagreement arises between the employee and his/her supervisor concerning the question of whether or not a particular piece of equipment is unsafe, the appropriate management designee shall be notified and the equipment shall not be operated until that designee has inspected said equipment and deemed it safe for operation. Any question concerning the propriety of directives may be resolved in the grievance procedure.
The Employer retains the right to establish work safety and health rules. When such rules are established, the Labor Council will be notified. The parties recognize the responsibility of bargaining unit members to carry out directives. An employee shall not be disciplined for a good faith refusal to engage in an alleged unsafe or dangerous practice which is in violation of applicable Federal, State, Departmental and Local safety laws, rules and regulations. In the event that a disagreement arises between an employee and his/her supervisor concerning the question of whether or not a particular directive is in violation of applicable laws, rules and regulations, the matter shall be referred to the appropriate management designee for resolution. The directive shall not be resumed until the management designee deems this directive in compliance with appropriate laws, rules and regulations. Nothing in this section shall be construed as preventing an employee from grieving the management designee's decision.
14.07 Mandatory Tuberculosis Screening
Mandatory tuberculosis screening may be conducted annually for all employees in agencies with higher incidence of risk. Based on the risk assessment, some employees or work areas may need to be tested more often than annually. Such additional testing will be based upon Center for Disease Control (CDC) guidelines. The Employer will hold the employee harmless from any cost incurred as a result of additional tests or x-rays incurred as a result of a positive test.
14.08 Health and Safety Agenda
All agencies covered by this Agreement shall include a health and safety agenda in conjunction with the Labor/Management Committee under the same guidelines as in Section 15.02.
An employee who knows of defects in equipment by which anyone in the exercise of ordinary care would reasonably know might cause injury has a duty to inform his/her supervisor or the appropriate management designee of these facts. An employee who knows of the conduct, work habits or performance of a fellow employee, supervisor or other person, which causes danger during employment, or will likely lead to the injury of others, is under a duty to inform his/her supervisor or the appropriate administrator.