Common use of Imminent Danger Situations Clause in Contracts

Imminent Danger Situations. a. The term "imminent danger" means any conditions or practices in any workplace which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures (29 C.F.R. 1960.2(u)). b. In the case of imminent danger situations, employees shall make reports by the most expeditious means available. The employee has a right to decline to perform his/her assigned tasks because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to effectively seek corrective action through normal hazard reporting and abatement procedures. However, in these instances, the employee must report the situation to his/her supervisor or another supervisor who is immediately available. c. If the condition can be corrected and the corrected condition does not pose an imminent danger, the employee must perform the assigned tasks. If the supervisor cannot correct the condition or does not feel that an imminent danger condition exists, the supervisor shall request an inspection by USMA safety or health personnel. d. A Union representative will be given the opportunity to be present during the inspection by USMA safety or health personnel. If USMA safety or health personnel decide the condition does not pose an imminent danger, the instruction to return to work shall be in writing and contain a statement declaring the area or assignment to be safe. Refusal to perform an assignment after USMA safety or health personnel have deemed it to be safe may result in disciplinary action. e. When the Employer receives a report that a potential or actual dangerous or unhealthful condition is present at a particular work site, the Employer shall notify the USMA Safety Office and the Union.

Imminent Danger Situations. a. The In accordance with 29 CFR 1960.2(u), the term "imminent danger" means any conditions condition or practices practice in any workplace which are is such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures (29 C.F.R. 1960.2(u)). b. procedures. In the case of imminent danger situations, employees shall make reports by the most expeditious means available. The employee has a right to decline to perform his/his or her assigned tasks because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to effectively seek corrective action through normal hazard reporting and abatement procedures. However, in In these instances, however, the employee must report the situation to his/her supervisor a Department official or another supervisor who is immediately available. c. Safety and Health representative. If the condition can be corrected and the corrected condition does not pose an imminent danger, the employee must perform the assigned tasksreturn to work. If the supervisor cannot correct the condition or does not feel that an imminent danger condition exists, the supervisor shall request an inspection by USMA facility safety or and health personnel. d. . While awaiting an inspection and the completion of any repairs resulting from the inspection, the Department may require that the employee perform alternative tasks for which the employee is qualified. A Union Local representative will be given the opportunity to be present during the inspection by USMA the safety or and health personnel. The Department shall investigate all instances where safety, health and environment personnel have failed to notify the Local and provide an opportunity to be present during inspections. The Department shall provide the Local with a written explanation stating the reason(s) for such failure and any corrective actions taken. If USMA safety or the safety, health and environment personnel decide the condition does not pose an imminent danger, the instruction to return to work shall be in writing and contain a statement declaring the area or assignment to be safe. When the employee is notified of this decision the Local will be notified at the same time. Refusal to perform an assignment after USMA safety or the safety, health and environment personnel have has deemed it to be safe may result in disciplinary action. e. . When the Employer Department receives a report that a potential dangerous, unhealthful or actual potentially dangerous or unhealthful condition is present at a particular work site, the Employer Department shall notify the USMA Safety Office and Health Committee and the UnionLocal Safety, Health and Environment representative(s) of the alleged dangerous or unhealthful conditions.

Imminent Danger Situations. a. A. The term "“imminent danger" ” means any conditions or practices in any workplace which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures (29 C.F.R. 1960.2(u))procedures. b. In the case of imminent danger situations, employees shall make reports by the most expeditious means available. The B. An employee has a right to may decline to perform his/his or her assigned tasks task because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is an insufficient time to effectively seek corrective action effective redress through normal hazard reporting and abatement procedures. However, in these instances, . C. Employees will report imminently dangerous situations by the employee must report the situation most expeditious means available to his/her any supervisor or another supervisor manager or safety officer who is immediately available. c. D. The Union will be notified immediately by the Agency of all reports of imminent danger situations so that it may provide representation and assistance to employees making reports and given an opportunity to be present during any inspection. Employees and the Union will be told when the imminent danger situation will be inspected. Inspections of imminent danger situations will occur within the timeframe established by applicable regulations. E. All Agency determinations and actions on imminent danger reports will be put in writing to the reporting employee and the Union explaining the basis for the findings and actions within the timeframe established by applicable regulations (currently with fifteen (15) business days from the date the report was made to the Agency if no inspection is to be done or within fifteen (15) business days after the completion of an inspection under 29 CFR, 1960.29(d) (4)). F. If the conditions cannot be immediately corrected, employees will be assigned to work in a safe area. G. If the supervisor or manager believes the condition can be corrected and the or corrected condition does not pose an imminent immediate danger, the employee must perform the assigned tasks. If the supervisor cannot correct the condition or does not feel that an imminent danger condition exists, the supervisor manager shall request an inspection by USMA safety specialists. The Union President or health personnel. d. A Union representative will designee shall also be given contacted and afforded the opportunity to be present during at the time the inspection by USMA safety or health personnel. If USMA safety or health personnel decide is made. H. When the condition does not pose an Agency has determined that the imminent dangerdanger has been resolved and employees may return to work, the instruction supervisors may verbally instruct employees to return to their work shall area. This will be in writing promptly followed by the supervisor or other management official sending an e-mail or other written document notifying the employee and contain a statement declaring Union that the situation is now deemed to be corrected and the area or assignment to be is safe. Refusal Employees are advised that failure to perform an assignment after USMA safety or health personnel have deemed it to be safe follow supervisors’ instructions may result in disciplinary action. e. When the Employer receives a report that a potential or actual dangerous or unhealthful condition is present at a particular work site, the Employer shall notify the USMA Safety Office and the Union.

Imminent Danger Situations. a. The term "imminent danger" ―imminent danger‖ means any conditions condition(s) or practices in any workplace which are such that a danger exists which could reasonably reasonable be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures (29 C.F.R. 1960.2(u))procedures. b. In the case of imminent danger situations, employees shall make reports by the most expeditious means available. The employee has a right to decline to perform his/her assigned tasks because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to effectively seek corrective action through normal hazard reporting and abatement procedures. . c. However, in these instances, the employee must report the situation to his/her supervisor or another the next level supervisor who is immediately available. c. available immediately. If the supervisor believes the condition can be corrected and the or corrected condition does not pose poses an imminent danger, the employee must perform the assigned tasks. If the supervisor cannot correct the condition or does not feel that an imminent danger condition exists, and then the supervisor shall request an inspection by USMA the Employer’s safety Officer or health personneldesignee as well as contact the Union’s Safety Representative or alternate. d. A The Union representative Safety Representative or alternate, if reasonable available, will be given afforded the opportunity to be present during at the time is made but the inspection by USMA will not be delayed for safety reasons. e. If the Employer’s Safety Officer or health personnel. If USMA safety or health personnel decide designee decides the condition does not pose an imminent danger, the instruction to return to work shall be in writing and contain a statement declaring the area or assignment to be safe. Refusal Upon request the Union will be given a copy of this report. Any refusal to perform an such assignment after USMA safety Safety Officer’s decision or health personnel have deemed it written instructions to return to work might be safe may result in disciplinary action. e. When the Employer receives a report that a potential or actual dangerous or unhealthful condition is present at a particular work site, the Employer shall notify the USMA Safety Office and the Union.cause for ―disciplinary action‖.

Imminent Danger Situations. a. A. The term "“imminent danger" ” means any conditions or practices in any workplace which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures (29 C.F.R. 1960.2(u))procedures. b. In the case of imminent danger situations, employees shall make reports by the most expeditious means available. The B. An employee has a right to may decline to perform his/her assigned tasks task because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to effectively seek corrective action effective redress through normal hazard reporting and abatement procedures. However, in these instances, . C. Employees will report imminently dangerous situations by the employee must report the situation most expeditious means available to his/her any supervisor or another supervisor manager or safety officer who is immediately available. c. 1. Employees will be shown how to both file written reports (if they choose this option) and request an inspection. 2. Employees will be told that the Agency will notify the Union of the situation reported and that the employee is entitled to Union representation and assistance in making his/her reports and requesting an inspection. D. The Union will be notified immediately by the Agency of all reports of imminent danger situations so that it may provide representation and assistance to employees making reports and given an opportunity to be present during any inspection. Employees and the Union will be told when the imminent danger situation will be inspected. Inspections of imminent danger situations will occur within the timeframe established by applicable regulations (currently twenty-four (24) hours under 29 CFR 1960.28 (d) (3)). E. All Agency determinations and actions on imminent danger reports will be put in writing to the reporting employee and the Union explaining the basis for the findings and actions within the timeframe established by applicable regulations (currently within fifteen (15) days from the date the report was made to the Agency if no inspection is to be done or within fifteen (15) days after the completion of an inspection under 29 CFR 1960.29(d) (4)). F. If the conditions cannot be immediately corrected, employees will be assigned work in a safe and healthy area. G. If the supervisor or manager believes the condition can be corrected and the or corrected condition does not pose an imminent immediate danger, the employee must perform the assigned tasks. If the supervisor cannot correct the condition or does not feel that an imminent danger condition exists, the supervisor manager shall request an inspection by USMA safety or health personnel. d. A specialists. The Union representative will representatives on the Safety Committee shall also be given contacted and afforded the opportunity to be present during at the time the inspection by USMA safety or health personnel. If USMA safety or health personnel decide is made. H. When the condition does not pose an Agency has determined that the imminent dangerdanger has been resolved and employees may return to work, the instruction supervisors may verbally instruct employees to return to their work shall area. This will be in writing promptly followed by the supervisor or other management official sending an e-mail or other written document notifying the employees and contain a statement declaring Union that the situation is now deemed to be corrected and the area or assignment to be is safe. Refusal Employees are advised that failure to perform an assignment after USMA safety or health personnel have deemed it to be safe follow supervisors’ instructions may result in disciplinary action. e. When the Employer receives a report that a potential or actual dangerous or unhealthful condition is present at a particular work site, the Employer shall notify the USMA Safety Office and the Union.