Common use of OCCUPATIONAL SAFETY AND HEALTH LAWS Clause in Contracts

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA Stewards or staff at affected work sites.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over relative to health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance CommitteeCommittee through the completion of an appropriate form submitted to either the Department of Human Resources or the VSEA. A form may be obtained by calling either the Department of Human Resources or the VSEA. Employees are strongly encouraged, but not required, to work with their immediate supervisor to reconcile issues prior to formally reporting them to the Committee for review. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes believe (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “rule ”work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, rule — “work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal Federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal Federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal Federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule—”work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over relative to health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance CommitteeCommittee through the completion of an appropriate form submitted to either the Department of Human Resources or the VSEA. A form may be obtained by calling either the Department of Human Resources or the VSEA. Employees are strongly encouraged, but not required, to work with their immediate supervisor to reconcile issues prior to formally reporting them to the Committee for review. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes believe (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule ‖work now, grieve later”. later‖. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal Federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal Federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal Federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule—”work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal Federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal Federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal Federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule—‖work now, grieve later”. later‖. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule — ―work now, grieve later”. later‖. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. ‌‌ 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal Federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal Federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal Federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule—”work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over relative to health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance CommitteeCommittee through the completion of an appropriate form submitted to either the Department of Human Resources or the VSEA. A form may be obtained by calling either the Department of Human Resources or the VSEA. Employees are strongly encouraged, but not required, to work with their immediate supervisor to reconcile issues prior to formally reporting them to the Committee for review. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes believe (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “rule work now, grieve later”. later This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee mittee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work now, grieve later”. This section shall not excuse non-performance rule -performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place workplace hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines.Stat 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal Federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal Federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal Federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule ork now, grieve later”. This xxxxxx later s section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos St sbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal Federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal Federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal Federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “rule "work now, grieve later". This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over relative to health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance CommitteeCommittee through the completion of an appropriate form submitted to either the Department of Human Resources or the VSEA. A form may be obtained by calling either the Department of Human Resources or the VSEA. Employees are strongly encouraged, but not required, to work with their immediate supervisor to reconcile issues prior to formally reporting them to the Committee for review. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes believe (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “rule ”work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over relative to health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance CommitteeCommittee through the completion of an appropriate form submitted to either the Department of Human Resources or the VSEA. A form may be obtained by calling either the Department of Human Resources or the VSEA. Employees are strongly encouraged, but not required, to work with their immediate supervisor to reconcile issues prior to formally reporting them to the Committee for review. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes believe (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “rule ”work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines.guidelines.‌ 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, rule — “work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work rule now, grieve later”. later This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place workplace hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, "work now, grieve later". This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s 's Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal Federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal Federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal Federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “work now, grieve later”. This section rule ection shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy cy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes believe (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “rule "work now, grieve later". This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, rule — “work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place workplace hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, “rule — "work now, grieve later". This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OCCUPATIONAL SAFETY AND HEALTH LAWS. 1. Where protective clothing or safety equipment is required by state or federal laws or regulations applicable to State employees covered by this Agreement, the State shall provide this clothing and equipment at no cost to the employees. The wearing of protective clothing or safety equipment shall conform to VOSHA standards. 2. Time spent by employees accompanying VOSHA compliance officers during inspection tours of work places shall be considered hours actually worked for the purposes of determining eligibility for overtime compensation. 3. The State shall comply with VOSHA and other State and federal statutory safety and health requirements. Nothing in this Article shall be deemed to prevent the State from promulgating safety rules in excess of VOSHA or federal requirements, provided, however, the reasonableness of any such rule may be grieved under Section 3 of the AGENCY, DEPARTMENT AND INSTITUTION WORK RULES Article. The fact that a safety rule exceeds VOSHA or federal requirements shall not by itself be evidence of unreasonableness. 4. Complaints over health and safety concerns or over non-compliance with VOSHA or other such statutory requirements are not grievable but shall be referred to the Safety and Health Maintenance Committee. 5. Failure to wear required protective clothing or to use required safety equipment, other than in situations where the requirement is conditional on employee discretion, shall be considered as a prima facie case of employee negligence. 6. The employer shall make available at the duty station a form for the employee to report safety hazards and to receive a copy of the report filed. An employee or group of employees who complain or refer questions on job safety or health hazards, in good faith, to the employer, the VTAVSEA, VOSHA, NIOSH (National Institute for Occupational Safety and Health) or any other relevant government agency shall not be discriminated against, intimidated or harassed therefore. Complaints of such discrimination, intimidation or harassment shall be processed under the grievance procedure. 7. Whenever the State received receives written notification regarding the hazardous nature of a material or substance as outlined in the MSDS from VOSHA, NIOSH, a vendor/manufacturer, or any other agency with expertise in identifying hazardous substances, the State shall make available to affected employees information as to where such material is stored or utilized, the potential health risks associated with such materials, and how to reduce such risks. 8. The State shall make a good faith effort to accommodate a request for reassignment from: (a) Pregnant women and women of child-bearing age who work with or near material which is known to have detrimental effects upon pregnancy or for men or women in the case of fertility. (b) Any employee who is disabled from performing regularly assigned duties because of allergies or respiratory ailments arising from work with or near any substance or agent causing the disability. 9. An employee who believes (s)he is being required to drive or operate unsafe vehicles or equipment shall report the condition immediately to his or her supervisor for appropriate action. The employee shall file a report describing the unsafe condition in accordance with the procedure of Section 6 of this Article at his or her earliest convenience. 10. An employee who establishes a reasonable fear of death or serious injury resulting from performance of an assigned task shall be exonerated from a charge of insubordination or violation of the rule, rule — “work now, grieve later”. This section shall not excuse non-performance of duty when risk of death or injury is an inherent part of the job. 11. Any established Labor-Management Committee may function as an ad hoc safety committee to discuss concerns over work place workplace hazards or adverse health reactions emanating from the work. Issues concerning the use of video display terminals and rest breaks for VDT operators may also be subjects for Labor-Management Committee consideration. Both parties shall cooperate in requesting and complying with safety and health recommendations from the State Loss Prevention Coordinator(s) to prevent and remediate health problems arising from the work site. 12. Any employee required to participate in the handling, cleaning or removal of asbestos shall be provided with proper training, equipment, and health status monitoring by the State, all in accordance with the State’s Asbestos Policy Committee guidelines. 13. Pursuant to VOSHA requirements, or the recommendations of the joint Labor Labor-Management Committee and/or the Commissioner of Health, the State will provide protective outer garments for State employees whose duties require them to: perform strip searches; handle body fluids, hazardous chemicals or materials; or to come in contact with contagious diseases or persons. Material Data Safety Sheets, as may be required to be maintained by statute, shall be available to VTA VSEA Stewards or staff at affected work sites.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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