Safety Disputes a) Where a Company's Employees are affected by a safety dispute an Employee shall comply with the Company's instructions to either:
(i) continue work when the area in which the Employee is working is not affected by the condition/incident giving rise to the dispute; or,
(ii) accept a transfer to work in an area of the site not affected by the condition/incident giving rise to the dispute; or,
(iii) accept a transfer from one site to another site with paid travel time at all-purpose ordinary rates; or,
(iv) leave the site without loss of pay.
b) The elected employee WHS representative, if available, shall be involved at all times.
c) Where the Company instructs their Employees to remain on the site the Company shall ensure that their Employees have, as a minimum, a trained First Aider on site and an elected employee HSR if available (The First Aider may be from Management). All First Aiders shall as a minimum hold a valid Senior First Aid certificate. An Employee who does not comply with the Company instructions shall forfeit wages for time not worked.
Safety Disputes. 13.10.1 Employees directly concerned with an operation said to be unsafe shall have the right to cease performing that work or operation pending the resolution of any bona fide safety issue. In such circumstances the employees concerned shall immediately notify the person in charge of the work or operation said to be unsafe.
13.10.2 A dispute directly concerning any operation said to be unsafe shall be initially referred to the Company’s Safety Officer who may involve the Safety Representative or Safety Committee, and will investigate with reference to WPHS legislative requirements. If the matter is still said to be unsafe it may be referred by either party to the approved statutory authority or other agreed qualified person and the decision of the authority or person shall be accepted and adhered to by all parties.
13.10.3 Where it is determined that the operation was safe, subject to clause 13.10.5 hereof, no wages shall be paid to the employees concerned for the period that work was stopped.
13.10.4 Where is determined that work was unsafe, employees shall be paid as if they had worked for the period that work was stopped.
13.10.5 An employee may be transferred to other useful work whilst the question of safety is determined in which case an employee shall not suffer any loss of pay as a result.
Safety Disputes. 14.1 Employees directly concerned with an operation said to be unsafe, have the right to cease performing that work subject to the following escalation procedure:
1. Employee concerned becomes aware of bona fide safety issue and notifies the supervisor.
2. Supervisor together with health and safety representative inspect the problem and make a decision whether to cease work or modify work procedure.
3. Should they not be able to agree, then the health and safety representative and the management will become involved.
4. If again there is no resolution, Clause 14.2 applies.
14.2 A dispute directly concerning an operation said to be unsafe shall be referred by either party to the approved statutory authority or other agreed qualified person and the decision of that authority or person shall be accepted and adhered to by all parties.
14.3 An employee may be transferred to other useful work whilst the safety question is determined, in which case the employee shall not suffer any loss of pay.
Safety Disputes. 14.1. Employees directly concerned with an operation said to be unsafe shall cease performing that work or operation pending the resolution of any bona fide safety issue. In such circumstances the employees concerned shall immediately notify the person in charge of the work or operations said to be unsafe.
14.2. A dispute directly concerning an operation said to be unsafe shall be referred by either party to the approved statutory authority or other agreed qualified person and the decision of that authority or person shall be accepted and adhered to by all parties.
14.3. Where it is determined that the operation was safe, subject to Sub-clause 14.5 hereof no wages shall be paid to the employees concerned for the period that work was stopped.
14.4. Where it is determined that the operation was unsafe, employees shall be paid as if they had worked for the period that work was stopped.
14.5. An employee may be transferred to other useful work whilst the question of safety is determined in which case an employee shall not suffer any loss of pay as a result.
Safety Disputes. All disputes or grievances relating to safety issues shall be resolved by using the procedure outlined within the Site Safety Plan. Work shall continue as normal or as directed by the Company during any safety dispute, including any direction to perform alternative work or training as is deemed relevant by the Company.
Safety Disputes. If an employee reasonably believes that his/her equipment is in an unsafe condition, he/she may refuse to operate the equipment until it is repaired or other suitable equipment is provided. In the event such employee's supervisor disagrees that the equipment is unsafe as claimed, then the supervisor of Central Vehicle Maintenance, after consultation with the mechanics, shall rule as to whether or not such equipment is unsafe. Nothing herein shall be construed to limit the right of the employee or Union to file a grievance with respect to these issues.
Safety Disputes. If the Joint Safety Review Committee or the Joint Product Labeling Committee is unable to decide or resolve any matter properly presented to it for action, such dispute shall be referred to a member of the Lilly Executive Committee and the Chief Executive Officer of Amylin for resolution. If such executives cannot resolve such matter within ten (10) days of the date of the matter is referred to them, then the Regulatory Lead with respect to a country shall have the final decision-making authority subject, in the case of Lilly, to the obligations in Section 7.1(b)(ii) of the Transition Agreement and in the case of Amylin, to the obligations in Section 9.3(a) of this Agreement and Section 8.1(a) of the Transition Agreement.
Safety Disputes. In any dispute involving safety, M.I.O.S.H.A. will be used and their decision will be final and binding upon the parties. If, however, M.I.O.S.H.A. will not take jurisdiction, the matter is a proper subject for grievance arbitration.
Safety Disputes. Where a Company's employee is affected by a safety dispute an employee shall comply with the Company's instructions to either:
Safety Disputes it is agreed that the above procedure shall be applied as far as possible to resolve any dispute concerning safety. However no employee shall be required to work in a situation which the employee genuinely believes to be unsafe for that employee or other employees. In the event that a dispute arises as to whether continued work is unsafe, the employee(s) may be transferred to any other duties which are available and safe for the employee(s) to perform.
