Common use of RIGHT TO SAFE WORKING CONDITIONS Clause in Contracts

RIGHT TO SAFE WORKING CONDITIONS. The Employer and the Union recognize the importance of working conditions that will not threaten or endanger the health or safety of employees or clients. No employees shall be required to work in any situation that would threaten or endanger their health or safety and the employer shall notify employees of any health or safety risks prior to a client assignment and employees have the right to decline working for a client who lives in a situation which could threaten their health and safety. Such situations include: bodily harm to the employee; threatening behavior of the client or others in their home to the employee; sexual harassment of the employee by the client or by persons in the household, clients with symptoms or conditions communicating their needs to the employee in ways that the person providing care may experience or interpret as harassment; or any other situation that would be a threat to the employee’s health. In any event, employees should not have to experience discrimination, abusive conduct, and challenging behaviors without assistance or redress and will immediately report to their Employer any working condition that they believe threatens or endangers the health or safety of the employee or client. The Employer shall comply with all requirements under SB 6205, including: A. Effective July 1, 2021, the Employer shall develop a comprehensive written policy concerning how the Employer shall address instances of discrimination, abusive conduct, and challenging behavior and work to resolve issues impacting the provision of personal care, and the policy must include stated permission and a process for allowing workers to leave situations where they feel their safety is at immediate risk. This process must include a requirement to notify the employer and applicable third parties as soon as possible. B. The Employer may not terminate an employee, reduce the pay of an employee, or not offer future assignments to an employee for requesting reassignment due to alleged discrimination, abusive conduct, or challenging behavior. C. The Employer must inform an employee of instances of discrimination and abusive conduct occurring in or around the client’s home care setting prior to assigning the employee to that client, and throughout the duration of service, if those instances are: a. Documented by the Employer; or b. Documented by a third party and communicated to the Employer. D. The Employer must inform an employee of a client’s challenging behavior prior to assigning the employee to said client if it is documented: a. In the client’s care plan; b. By the Employer; or c. By a third party and communicated to the covered employer. E. The Employer must keep a record of any reported incidents of discrimination or abusive conduct experienced by an employee during the provision of paid personal care services. The records must be kept for at least five years following the reported act. F. The Employer must provide a list of resources about discrimination and harassment for employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington State Human Rights Commission, and local advocacy groups focused on preventing harassment and discrimination and providing support for survivors.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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RIGHT TO SAFE WORKING CONDITIONS. The Employer and the Union recognize the importance of working conditions that will not threaten or endanger the health or safety of employees or clients. No employees shall be required to work in any situation that would threaten or endanger his/her their health or safety and the employer Employer shall make a good faith effort to notify employees of any health or safety risks prior to a client assignment and employees have the right to decline working for a client who lives in a situation which could threaten their health and safety. Such situations include: bodily harm to the employee; threatening behavior of the client or others in their home to the employee; sexual harassment of the employee by the client or by persons in the household, clients with symptoms or conditions communicating their needs to the employee in ways that the person providing care may experience or interpret as harassment; or any other situation that would be a threat to the employee’s health. The In any event, employees should not have to experience discrimination, abusive conduct, and challenging behaviors without assistance or redress and will immediately report to their Employer any working condition that they believe employee believes threatens or endangers the health or safety of the employee or client. The Employer shall comply with all requirements under SB 6205, including:. A. Effective July 1, 2021, the Employer shall develop a comprehensive written policy concerning how the Employer shall address instances of discrimination, abusive conduct, and challenging behavior and work to resolve issues impacting the provision of personal care, and the policy must include stated permission and a process for allowing workers to leave situations where they feel their safety is at immediate risk. This process must include a requirement to notify the employer and applicable third parties as soon as possible. B. The Employer may not terminate an employee, reduce the pay of an employee, or not offer future assignments to an employee for requesting reassignment due to alleged discrimination, abusive conduct, or challenging behavior. C. The Employer must inform an employee of instances of discrimination and abusive conduct occurring in or around the client’s home care setting prior to assigning the employee to that client, and throughout the duration of service, if those instances are: a. Documented by the Employer; or b. Documented by a third party and communicated to the Employer. D. The Employer must inform an employee of a client’s challenging behavior prior to assigning the employee to said client if it is documented: a. In the client’s care plan; b. By the Employer; or c. By a third party and communicated to the covered employer. E. The Employer must keep a record of any reported incidents of discrimination or abusive conduct experienced by an employee during the provision of paid personal care services. The records must be kept for at least five years following the reported act. F. The Employer must provide a list of resources about discrimination and harassment for employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington State Human Rights Commission, and local advocacy groups focused on preventing harassment and discrimination and providing support for survivors. If the supervisor or other Employer representative deems the situation to be unsafe, and the employee is directed to leave the client’s home, the employee shall be offered a substitute position to make up for the hours scheduled, or be paid for his/her entire scheduled assignment for that day, including all travel time and travel miles (except errands not performed) that he/she would have been paid had that assignment been completed as scheduled. Following receipt of such report, the Employer will investigate the report, including review with the employee, client, and appropriate referral agency. Appropriate action will be taken by the Employer, based on the facts identified during the review of the investigation, the provisions of the program under which the client is being served, and the requirements of the contract between the Employer and the referral agency. If the client continues to be served by the Employer, the Employer will make sure any subsequent employees will be informed of the previous safety problem, and be provided with the proper information, training, equipment or direction necessary to address any future incidents in a safe manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RIGHT TO SAFE WORKING CONDITIONS. The Employer and the Union recognize the importance of working conditions that will not threaten or endanger the health or safety of employees or clients. No employees shall be required to work in any situation that would threaten or endanger their health or safety and the employer Employer shall notify employees of any health or safety risks prior to a client assignment and employees have the right to decline working for a client who lives in a situation which could threaten their health and safety. Such situations include: bodily harm to the employee; threatening behavior of the client or others in their home to the employee; sexual harassment of the employee by the client or by persons in the household, clients with symptoms or conditions communicating their needs to the employee in ways that the person providing care may experience or interpret as harassment; or any other situation that would be a threat to the employee’s health. In any event, employees should not have to experience discrimination, abusive conduct, and challenging behaviors without assistance or redress and will immediately report to their Employer any working condition that they believe threatens or endangers the health or safety of the employee or client. The Employer shall comply with all requirements under SB 6205, including: A. Effective July 1, 2021, the Employer shall develop a comprehensive written policy concerning how the Employer shall address instances of discrimination, abusive conduct, and challenging behavior and work to resolve issues impacting the provision of personal care, and the policy must include stated permission and a process for allowing workers to leave situations where they feel their safety is at immediate risk. This process must include a requirement to notify the employer and applicable third parties as soon as possible. B. The Employer may not terminate an employee, reduce the pay of an employee, or not offer future assignments to an employee for requesting reassignment due to alleged discrimination, abusive conduct, or challenging behavior. C. The Employer must inform an employee of instances of discrimination and abusive conduct occurring in or around the client’s home care setting prior to assigning the employee to that client, and throughout the duration of service, if those instances are: a. 1. Documented by the Employer; or b. 2. Documented by a third party and communicated to the Employer. D. The Employer must inform an employee of a client’s challenging behavior prior to assigning the employee to said client if it is documented: a. 1. In the client’s care plan; b. 2. By the Employer; or c. 3. By a third party and communicated to the covered employer. E. The Employer must keep a record of any reported incidents of discrimination or abusive conduct experienced by an employee during the provision of paid personal care services. The records must be kept for at least five years following the reported act. F. The Employer must provide a list of resources about discrimination and harassment for employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington State Human Rights Commission, and local advocacy groups focused on preventing harassment and discrimination and providing support for survivors.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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RIGHT TO SAFE WORKING CONDITIONS. The Employer and the Union recognize the importance of working conditions that will not threaten or endanger the health or safety of employees or clients. No employees shall be required to work in any situation that would threaten or endanger their health or safety and the employer Employer shall notify employees of any health or safety risks prior to a client assignment and employees have the right to decline working for a client who lives in a situation which could threaten their health and safety. Such situations includeinclude but are not limited to: bodily harm to the employee; threatening behavior of the client or others in their home to the employee; sexual harassment of the employee by the client or by persons in the household, clients with symptoms or conditions communicating their needs to the employee in ways that the person providing care may experience or interpret as harassment; or any other situation that would be a threat to the employee’s healthhealth or safety. In any event, employees should not have to experience discrimination, abusive conduct, and challenging behaviors without assistance or redress and will immediately report to their Employer any working condition that they believe threatens or endangers their or the client’s health or safety of the employee or clientsafety. The Employer shall comply with all requirements under SB 6205, including: A. Effective July 1, 2021, the Employer shall develop a comprehensive written policy concerning how the Employer shall address instances of discrimination, abusive conduct, and challenging behavior and work to resolve issues impacting the provision of personal care, and the policy must include stated permission and a process for allowing workers to leave situations where they feel their safety is at immediate risk. This process must include a requirement to notify the employer Employer and applicable third parties as soon as possible. B. The Employer may not terminate an employee, reduce the pay of an employee, or not offer future assignments to an employee for requesting reassignment due to alleged discrimination, abusive conduct, or challenging behavior. C. The Employer must inform an employee of instances of discrimination and abusive conduct occurring in or around the client’s home care setting prior to assigning the employee to that client, and throughout the duration of service, if those instances are: a. i. Documented by the Employer; or b. ii. Documented by a third party and communicated to the Employer. D. The Employer must inform an employee of a client’s challenging behavior prior to assigning the employee to said client if it is documented: a. a) In the client’s care plan; b. b) By the Employer; or c. c) By a third party and communicated to the covered employerEmployer. E. The Employer must keep a record of any reported incidents of discrimination or abusive conduct experienced by an employee during the provision of paid personal care services. The records must be kept for at least five years following the reported act. F. The Employer must provide a list of resources about discrimination and harassment for employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington State Human Rights Commission, and local advocacy groups focused on preventing harassment and discrimination and providing support for survivors.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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