ARTICLE 26 - SAFETY PROCEDURES
Section 1.
The Employer shall comply with any and every applicable statute, federal and state, and with any such rules and regulations as may be promulgated thereunder, that govern the conditions of health and safety in the place of work of its employees. The College may promulgate and enforce any such rules and regulations as it may deem appropriate from time to time to provide for the safety of its employees and to ensure compliance with any such statute or with the rules and regulations promulgated thereunder.
Prior to the promulgation of any such rules and regulations by the College, the CEO shall consult with representatives of the Union regarding such rules and regulations and their enforcement; provided however, consultation shall not be required in respect of such rules and regulations in force at any College on the date of this Agreement.
All work related injuries shall be reported to the appropriate administrator immediately upon their occurrence or when the employee has knowledge of such injuries in accordance with the procedures in effect at the College. When an employee is injured while at work, the College shall complete and process the standard form for Employer’s first report of injury within fourteen (14) days from the filing of said report with a copy to the employee. An employee shall not suffer any loss of wages or benefits on the day upon which they suffer a work-related injury and seek medical treatment for same.
Grievances involving the interpretation or application of the provisions of this Article may be processed through Step IV of the grievance procedure set forth in Article 29 of this Agreement but shall not be processed to Step V thereof.
Section 2.
There shall be established a committee to be known as the Union/Management Safety Committee at each College. Such committee shall be composed of eight (8) members, four (4) representing the college administration and four (4) representing the Union. Such Committee may reduce their number by mutual agreement. The purpose of the Committee shall be to promote a safe, clean and wholesome environment, the development of safety programs and procedures and shall focus attention on any injuries which have resulted and would serve to alter or revise any such programs or procedures. There shall be at least four (4) meetings of the Committee each year. Additional meetings shall be arranged at the request of either party.
Any health and safety issue which cannot be resolved by the local level Safety Committee may be referred by mutual agreement of both parties to the Board Level Labor/Management Committee for discussion.
Section 3.
Where uniforms, protective clothing, safety shoes, safety glasses or any type of protective device are necessary and required in the performance of an employee’s duties, or where employee’s clothing is subject to excessive wear and tear because of chemicals, abrasives, pollutants, etc., and need to be frequently replaced, such uniforms, protective clothing or any type of protective device will be provided by the College.
Section 4.
1. Employees shall have a First Aid kit available in their work area.
2. No employee shall be required to lift unreasonable weights without adequate assistance.
3. No employee shall be required to operate defective equipment.
4. At least two (2) employees shall be assigned when working underground, in tunnels, in crawl spaces, in hazardous areas where steam, sewage, electrical, or other systems exist, in trenches with a depth of five (5) or more feet, or when working more than ten (10) feet above the floor or the ground. Appropriate precautions (i.e., additional staffing, close supervision, etc.) will be taken to ensure the safety of employees working in these hazardous areas.
5. No employee shall be assigned to work from ladders, staging, or rigging unless such equipment meets all safety regulations.
6. The provisions of all applicable rules, standards, regulations and codes promulgated under the General Laws shall apply to all apparatus, materials, equipment and structures, their installation, maintenance and operation within the College. The College and the Union shall endeavor to conform to such rules, standards, regulations and codes.
7. Employees shall notify the appropriate office of the College (i.e., Office of Employee/Labor Relations or Director of Facilities) prior to notifying any other administrative agency of the Commonwealth of any condition or situation concerning work orders, or work performed requiring a license, a certificate of competency, certificate of registration, or a permit.
8. Employees shall not work in areas, known by management, where toxic or radioactive materials are present unless they are made aware of the hazards. All such hazards shall be posted and identified.
9. The College agrees to take positive action to eliminate pets and stray animals on campus and the problems arising from the keeping of pets.
10. Employees shall not be assigned excessive or unreasonable workloads.
11. All work shall be performed under safe and sanitary conditions, provided, however, the workforce may be used to correct an unsafe or unsanitary condition.
12. Each College shall endeavor to keep each woman’s restroom equipped with a sanitary napkin dispensing machine, which shall be kept supplied, and in working order.
13. Those institutions that currently provide a cot suitably equipped and a chair and/or furnish adequate rest area facilities for the use of employees shall continue to do so. The issue of providing an adequate rest area will be a permanent agenda item for the College Safety Committee established by Article 26.
14. The College shall endeavor to eliminate noxious odors.
15. The First Aid area shall be equipped with a cot and necessary First Aid supplies.
16. Employees assigned to work exposed to unreasonable conditions of weather or extremities in temperature shall be allowed reasonable rest periods each hour.
17. Power tools and saws shall be sharpened by competent individuals.
18. The College agrees to endeavor to arrange for transportation to a medical facility for any employee requiring medical treatment.
19. No employee shall be assigned to work in areas where heavy moving machinery, high voltage current, or nauseous gases are present unless he/she is accompanied by one or more other employees.
20. Except at campuses where it is currently the practice of the custodial force to wash windows on the outside of buildings where it is necessary to use extension ladders, safety belts, boatswain chairs, staging and power lifts, no member of the custodial force shall be required to perform such tasks using said equipment.
21. With all reasonable speed, areas found to contain friable asbestos-containing materials shall be posted, and all reports of suspected areas of asbestos hazard shall be promptly investigated.
22. The issue of asbestos generally will be a permanent agenda item for the College Safety Committee established by the terms of Article 26. The Committee shall periodically review standards for adequacy with respect to current research and recommend additions to the standards where shown to be necessary.
Section 5.
A. In order to promote and establish a safe environment within the workplace the parties hereto agree that health and safety issues relative to VDT’s shall be an appropriate item for discussion by the Labor/Management Committee as established in Article 32.
B. VDT operators shall not be required to perform continuous duties at the work screen for periods in excess of two (2) hours at a time. For each consecutive two (2) hour period worked at his/her station, the employee shall be entitled to be away from the screen for a contiguous period of fifteen (15) minutes. Such fifteen (15) minute period may consist of an alternative job assignment or any break or lunch period otherwise authorized by this Agreement.
C. Pregnant employees who work on VDT systems may request temporary reassignment within their job description or a comparable position, and be reassigned within two weeks of notification for the duration of the pregnancy. Such work assignment shall be determined by the CEO. This request must be in writing to the CEO with verification from the employee’s physician.