Common use of Imminent Danger Situations Clause in Contracts

Imminent Danger Situations. A. An imminent danger is any condition or practice in any workplace which is such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal procedures (29 CFR § 1960.2(u)). B. In the case of imminent danger situations, the employee must immediately report the situation to a manager or supervisor. C. An employee has the right to refuse to do a task only if all of the following conditions are met: 1. Where possible, the employee has notified Management of the situation and Management failed to eliminate the danger; 2. The employee believes that an imminent danger exists; and 3. A reasonable person would agree that an imminent danger exists. D. Once the condition is corrected, the employee must return to work. If the supervisor cannot correct the condition or does not believe that an imminent danger condition exists, the supervisor must request an assessment by the appropriate safety officer and/or Management representative. While awaiting an assessment and the completion of any repairs resulting from the assessment, Management may assign the employee other appropriate work. E. When requested under Section 6D of this Article, the safety officer or Management representative must assess the condition or practice and issue a written determination of whether the condition poses an imminent danger. The written determination will be provided to the appropriate supervisor, employees, and the Union. Instructions to return to work shall be in writing. Refusal to perform an assignment after receiving an instruction to return to work may result in disciplinary action.

Imminent Danger Situations. A. An imminent danger is any condition or practice in any workplace which is such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal procedures (29 CFR § 1960.2(u)). B. In the case of imminent danger situations, the employee must immediately report the situation to a manager or supervisor. C. An employee has the right to refuse to do a task only if all of the following conditions are met: 1. Where possible, the employee has notified Management of the situation and Management failed to eliminate the danger; 2. The employee believes that an imminent danger exists; and 3. A reasonable person would agree that an imminent danger exists. D. Once the condition is corrected, the employee must return to work. If the supervisor cannot correct the condition or does not believe that an imminent danger condition exists, the supervisor must request an assessment by the appropriate safety officer and/or Management representative. While awaiting an assessment and the completion of any repairs resulting from the assessment, Management may assign the employee other appropriate work. E. When requested under Section 6D of this Article5.D, the safety officer or Management representative must assess the condition or practice and issue a written determination determ ination of whether the condition poses an imminent danger. The written determination will be provided to the appropriate supervisor, employees, and the Union. Instructions to return to work shall be in writing. Refusal to perform an assignment after receiving an instruction to return to work may result in disciplinary action.

Imminent Danger Situations. A. An The term “imminent danger is danger” means any condition conditions or practice practices in any workplace which is 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 CFR § 1960.2(u))]. B. In the case of imminent danger situations, an Employee who becomes aware of an imminent danger shall report it by the employee 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 immediately report the situation to a manager his/her supervisor or supervisoranother supervisor who is immediately available. Any refusal by an Employee to perform an assignment is subject to the Employer’s right to take disciplinary action for refusal of an assignment if it is determined that there was no reasonable basis for the Employee’s allegations of imminent danger. C. An employee has If the right to refuse to do a task only if all of condition can be corrected and the following conditions are met: 1. Where possiblecorrected condition does not pose an imminent danger, the employee has notified Management of the situation and Management failed to eliminate the danger; 2. The employee believes that an imminent danger exists; and 3. A reasonable person would agree that an imminent danger exists. D. Once the condition is corrected, the employee Employee must return to work. If the supervisor cannot correct the condition or does not believe that an imminent danger condition existscondition, the supervisor must shall request an assessment inspection by the appropriate facility safety officer and/or Management representative. While awaiting an assessment and the completion of any repairs resulting from the assessment, Management may assign the employee other appropriate workhealth personnel. E. When requested under Section 6D of this Article, the safety officer or Management representative must assess the condition or practice and issue a written determination of whether the condition poses an imminent danger. The written determination will be provided to the appropriate supervisor, employees, and the Union. Instructions to return to work shall be in writing. Refusal to perform an assignment after receiving an instruction to return to work may result in disciplinary action.