OCCUPATIONAL HEALTH & SAFETY (a) It is a mutual interest of the parties to promote health and safety in workplaces and to prevent and reduce the occurrence of workplace injuries and occupational diseases. The parties agree that health and safety is of the utmost importance and agree to promote health and safety and wellness throughout the organization. The employer shall provide orientation and training in health and safety to new and current employees on an ongoing basis, and employees shall attend required health and safety training sessions. Accordingly, the parties fully endorse the responsibilities of employer and employee under the Occupational Health and Safety Act, making particular reference to the following:
Environmental, Health and Safety Matters (i) Solely with respect to the Acquired Business, the Asset Sellers (A) are and within the past five years have been in compliance in all material respects with all applicable Environmental, Health and Safety Requirements, and (B) have obtained all Permits arising under Environmental, Health and Safety Requirements that are necessary for the conduct of the Business and the Tiwest Joint Venture in compliance in all material respects with Environmental, Health and Safety Requirements. (ii) None of the Asset Sellers has received any unresolved written notice, report or other written communication regarding any actual or alleged material violation of Environmental, Health and Safety Requirements or any unresolved actual or alleged material Environmental Liabilities relating to the Acquired Business, any Acquired Assets or the Tiwest Joint Venture. (iii) No material Release affecting the Acquired Business, any Acquired Assets or the Tiwest Venture has occurred or is occurring at or from any Owned Real Property or Leased Real Property by any Asset Seller that requires notice to any Governmental Entity, further investigation, any form of response action under applicable Environmental, Health and Safety Requirements, or that could reasonably be expected to form the basis of a material claim for damages or compensation by any Person. (iv) None of the Asset Sellers has by law or Contract agreed to, assumed or retained any material Environmental Liability related to the Acquired Business, any Acquired Assets or the Tiwest Venture under any lease, purchase agreement, sale agreement, joint venture agreement or other binding corporate or real estate document or agreement, including any Assumed Contract. (v) Sellers have made available to Buyers all significant environmental reports, data (including in relation to energy consumption, energy generation and emissions of greenhouse gases), documents, studies, analyses, investigations, audits and reviews in any Seller’s possession or control as necessary to reasonably disclose to Buyers any material Environmental Liabilities in relation to the Acquired Assets or the Acquired Business. (vi) Except to the extent the representations and warranties in Sections 3(f) (financial statements), 3(j) (litigation), 3(p) (real property liens and encumbrances), 3(q) (solely with respect to listing of Permits) or 3(v) (solely with respect to listing of insurance policies) address environmental matters, the representations and warranties in this Section 3(k) are the exclusive representations and warranties of Sellers relating to environmental, health, and safety matters, including any matters arising under Environmental, Health or Safety Requirements. (vii) Notwithstanding anything to the contrary set forth herein, the representations and warranties set forth in this Section 3(k) shall not apply to the U.S. Sellers’ Soda Springs, Idaho site, the U.S. Sellers’ Savannah, Georgia site or the Xxxxxxxxx Legacy Contamination.
OCCUPATIONAL HEALTH AND SAFETY 34.01 The parties recognize the need for a safe and healthy workplace. The Employer shall be responsible for providing safe and healthy working conditions. The Employer and Employees will take all reasonable steps to eliminate, reduce or minimize all workplace safety hazards. Occupational health and safety education, training and instruction provided by the Employer, shall be paid at the Basic Rate of Pay, to fulfill the requirements for training, instruction or education set out in the Occupational Health and Safety Act, Regulation or Code. (a) There shall be an Occupational Health and Safety Committee (Committee), which shall be composed of representatives of the Employer and representatives of the Local and may include others representing recognized functional bargaining units. This Committee shall meet once a month, and in addition shall meet within 10 days of receiving a written complaint regarding occupational health or safety. An Employee shall be paid the Employee’s Basic Rate of Pay for attendance at Committee meetings. A request to establish separate committees for each site or grouping of sites shall not be unreasonably denied. The Employer shall provide training at no cost to all Employees on the Committee to assist them in performing their duties on the Committee. Training shall be paid at the Employee’s Basic Rate of Pay. (b) Minutes of each meeting shall be taken and shall be approved by the Employer, the Local, and other bargaining groups, referred to in (a), prior to circulation. (c) The purpose of the Committee is to consider such matters as occupational health and safety and the Local may make recommendations to the Employer in that regard. (d) If an issue arises regarding occupational health or safety, the Employee or the Local shall first seek to resolve the issue through discussion with the applicable immediate supervisor in an excluded management position. If the issue is not resolved satisfactorily, it may then be forwarded in writing to the Committee. (e) The Committee shall also consider measures necessary to ensure the security of each Employee on the Employer’s premises and the Local may make recommendations to the Employer in that regard. (f) (i) Should an issue not be resolved by the Committee, the issue shall be referred to the Chief Executive Officer (CEO). A resolution meeting between the Local and the CEO, or designate(s), shall take place within 21 calendar days of the issue being referred to the CEO. The CEO or designate(s) shall reply in writing to the Local within seven (7) calendar days of the resolution meeting.