INJURY LEAVE 22.01 When an employee is injured in the line of duty, he shall be eligible for a paid leave not to exceed ninety (90) calendar days per incident. In order to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future.
22.02 If at the end of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof.
22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally.
22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work.
22.05 All employees are subject to the City's Transitional Work Program Policy.
Accident Insurance It is highly recommended that either the Sending Institution or the Receiving Organisation/Enterprise provide insurance coverage to the trainee, and fill in the information in Table B or C accordingly. The trainee must be covered at least by an accident insurance (damages caused to the trainee at the workplace) and by a liability insurance (damages caused by the trainee at the workplace).
General Leaves When no other leaves are available, a leave of absence may be granted to an employee on a paid or unpaid basis at any time upon any terms acceptable to the District and an employee.
Personal Illness and Injury Leave 10.1.1 Full-time bargaining unit members shall be entitled to ten (10) days leave with full pay for each school year for purposes of personal illness or injury. Bargaining unit members who work less than full-time shall be entitled to that portion of the ten (10) days leave as the number of hours per week of scheduled duty relates to the number of hours for a full-time bargaining unit member in a comparable position.
10.1.2 After all earned leave as set forth in 10.1.1 above is exhausted, additional non-accumulated leave shall be available for a period not to exceed five (5) school months, provided that the provisions of 10.1.4 below are met. The amount deducted for leave purposes from the bargaining unit member's salary shall be the amount actually paid a substitute employee employed to fill the position during the leave, or, if no substitute is employed, the amount which would have been paid to a substitute. The five-month period shall begin on the eleventh (11) day of absence due to illness or injury.
10.1.3 If a bargaining unit member does not utilize the full amount of leave as authorized in Article
10.1.1 above in any school year, the amount not utilized shall be accumulated from year to year.
10.1.4 Upon request by District management, a bargaining unit member shall be required to present a medical doctor's certificate verifying the personal illness or injury and/or a medical authorization to return to work. If the illness or injury exceeds twenty (20) consecutive days, the District may require a certified medical specialist to visit the bargaining unit member and make all necessary inquiries in order to be fully informed as to the nature and severity of the illness or injury, and to report such findings to the Superintendent or designee. If the report concludes that the absence is not due to personal illness or injury, or that the illness is not sufficiently severe to warrant continued absence, then the Superintendent or designee, after notice to the bargaining unit member, may refuse to grant such a leave. If requested by the District management to furnish a medical doctor's authorization, bargaining unit member shall submit said authorization upon returning to work.
10.1.5 Whenever possible, a bargaining unit member must contact the designated District Office personnel as soon as the need to be absent is known, but no later than ninety (90) minutes prior to the bargaining unit member's starting time, in order to permit the employer time to secure a substitute. Failure to provide adequate notice may be grounds for denial of leave with pay.
10.1.6 A bargaining unit member who is absent for one-half day or less may have deducted one-half day from the accumulated leave; and if the absence exceeds more than one-half day, a full day may be deducted from accumulated leave.
10.1.7 A bargaining unit member may not be allowed to return to work and may be required to pay the cost of the substitute secured if the bargaining unit member fails to notify the District of the bargaining unit member's intent to return to work prior to the close of the bargaining unit member's preceding workday, and such failure results in a substitute being secured.
10.1.8 Each bargaining unit member may request notification of the accumulated leave by September 30th of each school year.
Accident INVESTIGATIONS Whenever an accident occurs involving the equipment or personnel of a Supporting Party, the Protecting Party shall take immediate steps to notify the Supporting Party that an accident has occurred. As soon as practical, the Protecting Party shall initiate an investigation of the accident. A team made up of appropriate representatives from all affected agencies shall conduct the investigation. Costs for investigation personnel are Party-specific and will be borne by the sending Party. Other accident or incident investigation costs are the fiscal responsibility of the Party (ies) that has jurisdiction and/or investigative responsibility. The sharing of information between Parties on accident investigations and their findings and probable causes is a valuable tool for safety and must be encouraged.
General Leave Notwithstanding any provision for leave in this Agreement, the Employer may grant a leave of absence without pay to an employee requesting leave for an emergency or other unusual circumstances. A leave of absence may also be granted for any other reason in which case approval shall not be unreasonably withheld. All requests and approvals for leave shall be in writing. Upon request, the Employer will give reasons orally for withholding approval.
Pollution Liability Insurance Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).
Contractor’s Pollution Liability Insurance If specified in Schedule A, the Contractor shall maintain, or cause the Subcontractor doing such Work to maintain, Contractors Pollution Liability Insurance covering bodily injury and property damage. Such insurance shall provide coverage for actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants (including asbestos), including any loss, cost or expense incurred as a result of any cleanup of pollutants (including asbestos) or in the investigation, settlement or defense of any claim, action, or proceedings arising from the operations under this Contract. Such insurance shall be in the Contractor’s name and list the City as an Additional Insured and any other entity specified in Schedule A. Coverage shall include, without limitation, (a) loss of use of damaged property or of property that has not been physically injured, (b) transportation, and (c) non-owned disposal sites.
Transportation of Accident Victims Transportation to the nearest physician or hospital for employees requiring medical care as a result of an on-the-job accident shall be at the expense of the Employer.
