Common use of SAFETY AND HEALTH [OPRD ONLY] (Prior Clause in Contracts

SAFETY AND HEALTH [OPRD ONLY] (Prior. Article 26C)‌ Section 1. The Agency agrees to abide by and maintain in its facilities and work operations standard of safety and health in accordance with the Oregon Safe Employment Act (ORS 654.001 to 654.991). In the event the Agency is cited for compliance failure, the Association shall be provided a copy of the citation and notices relating to the incident. Section 2. Proper safety devices and special protective clothing shall be provided by the Agency as required by the Agency and/or the Oregon Safe Employment Act. Such items, where provided, must be used. Employees shall report to work clothed to carry out their normal duties. A. If an employee claims that an assigned job or vehicle is unsafe or might unduly endanger his/her health and, for that reason, refuses to perform the work or use the vehicle, the employee shall immediately give specific reason(s) to the supervisor in writing. The supervisor shall request an immediate determination by the Agency Safety Representative or, if none is available, a safety representative of the Workers’ Compensation Department as to whether the job or vehicle is safe or unsafe. At the discretion of the Association, an Association staff member, a Job Representative or key member on the immediate crew may accompany the Agency or Workers’ Compensation Department representative conducting the safety inspection. Salary and expenses of the Job Representative will be borne by the Association. Salary and expenses, if any, of the key member will be paid by the Agency. B. Pending determination provided for in Section 3(A), the employee shall be provided with a suitable vehicle or assigned suitable work elsewhere if such work is available. If no suitable work is available, the employee shall be sent home. C. Time lost by the employee as a result of any refusal to perform work on the grounds that it is unsafe or might unduly endanger his health, or time lost from being sent home shall not be paid for by the Agency unless the employee’s claim is upheld. D. The Agency will not require the employee to perform hazardous work or to operate hazardous equipment without at least one (1) other person in the area, although such other person may be performing other related duties. Section 4. The Association will continue to have a representative on the Salem Headquarters Safety Review Board provided an Association represented employee volunteers for such committee membership.