1. INTRODUCTION. Employer agrees to promote working conditions that protect the environment, provide safe working conditions, and develop a safety conscious work force. The Employer will comply with applicable Federal laws and regulations relating to the safety and health of Employees. All Employees are responsible for the reporting of unsafe conditions, broken or malfunctioning equipment, and hazards to health and safety as soon as the conditions are identified. The Union and the Employer will cooperate in these efforts by encouraging Employees to work in a safe manner and to obey established safe practices and established directives.
2. INSPECTIONS. The Employer shall conduct an annual safety and occupational health inspection of all work areas affecting conditions of employment of bargaining unit employees. These inspections will include air and water quality, air flow, temperature, lighting, and other environmental factors. A copy of the findings and results shall be furnished to the Union. A Union representative may accompany the Employer's representative, may participate, and shall be on official time during the inspection. The Employer will notify the Union of the name of the Employer's representative and the date of the annual inspection at least two (2) weeks in advance when possible. The Employer retains the right to perform emergency inspections and act upon its findings without advance notice. If produced, a report will be provided to the Union as soon as practicable following the emergency inspection. In addition to the annual inspection initiated by the Employer, bargaining unit Employees may report possible unsafe working conditions to the Employer when discovered. A Union representative may accompany the Employer's representative on inspections resulting from Employee/Union reports and shall be on official time during the inspection.
3. KNOWN HAZARDS. Employees and the Union are to be notified as soon as practicable of known hazards in the work place affecting bargaining unit Employees. Following the initial report of a hazardous situation, an investigation will be conducted by the Employer. The Employer will take the appropriate action to deal with any problems which may be revealed by the inspection. The Employer will provide the Union with a report of the inspection and actions taken.
a) Employees may decline to perform their assigned task(s) because of a reasonable belief that, under the circumstances, a task(s) poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures established in accordance with applicable regulations. At the request of an Employee or the Union, the Employer will investigate alleged unsafe working conditions. Employees must return to their duty station and the performance of the task assigned following a determination that an area is safe.
b) Appropriate personal protective clothing and safety equipment shall be provided by the Employer. The Employer shall also consider the Union's recommendations concerning the provision and use of protective clothing and safety equipment. Protective clothing and safety equipment may include, but is not limited to, safety glasses and goggles, safety shoes, noise suppressors, dust and respiratory protection equipment, hard hats and suitable work gloves. Safety equipment and protective clothing furnished by the Employer will be modified as necessary or replaced when no longer serviceable. The safety equipment will be serviced and replaced in accordance with the manufacturer's recommendations. The Employer will ensure that Employees are provided with training in the use of safety equipment and other safety procedures as applicable. The Employer recognizes special needs of Employees with disabilities and will provide them with appropriate equipment, information, and time to provide reasonable accommodations.
c) Each Employee is responsible for observing all safety precautions; for adhering to all written and oral safety instructions; for reporting unsafe practices and conditions to his/her supervisor; and for properly maintaining and using protective equipment and clothing issued by the Employer. Employees failing to comply with these requirements may be subject to disciplinary actions.
d) The Employer will maintain updated Material Safety Data Sheets (MSDs) on all hazardous material used and will ensure that all protective equipment and safety precautions listed on the MSDs are in place. The sheets will be located where the material is stored and in areas where the material is used. Employees using the material will have access to the MSDs and will be provided copies, upon request. The Parties agree hazardous materials use will be under the following guidelines:
(1) The Employer will use the most environmentally friendly materials for operations that require the use of hazardous materials.
(2) The Employer will ensure the proper disposal of hazardous wastes.
(3) Supervisors and Employees who work with hazardous materials will be trained in environmentally safe uses and practices.
(4) The Employer agrees to obtain updated information regarding the environmental aspects of hazardous materials handling, and amend it's practices on an annual basis.
(5) The Employer will inventory all environmentally hazardous material in the workplace annually for the purpose of proper disposal of any hazardous material no longer in use.
4. FIRE DRILLS. The Employer shall conduct fire drills in accordance with applicable laws and regulations. Emergency evacuation plans will be posted in appropriate locations. All Employees will be notified in the event of an evacuation. Hearing impaired Employees are strongly encouraged to wear the beepers, which have been issued to them, at all times while on agency premises, to keep them informed of required actions in the event of an emergency. The Employer will coordinate a test of all beepers in January and June or upon request of an Employee. To further protect the hearing-impaired Employee in the event of an emergency, the use of a "buddy system" is encouraged. In the event of an emergency, supervisors and handicap monitors will ensure the evacuation of Employees with disabilities. For safety reasons, supervisors, particularly those on the night shift, should be conscious of the location of their Employees; and Employees are expected to keep their supervisors informed of their whereabouts at all times.
5. SAFETY COMMITTEE. The MAC Safety Committee will meet periodically to advise the Employer on matters related to health and safety. The Union may appoint three (3) representatives to serve as members. The representatives must attend appropriate training. These representatives shall be on official time while performing safety committee responsibilities, in accordance with the official time provisions of this Agreement. The Parties agree to review the current safety committee activities and determine the function to be performed by the committee in the future in the LMRC.
6. TRAINING. Union representatives on the safety committee may attend health and safety training sessions provided by the Employer which concern the safety of bargaining unit Employees.
7. JOB-RELATED TRAUMATIC INJURY AND OCCUPATIONAL DISEASE. The Federal Employees' Compensation Act (FECA - 5 U.S.C. 8101 et seq.) is administered by the Office of Worker's Compensation Programs (OCWP) of the U.S. Department of Labor and provides compensation benefits to civilian Employees of the United States for disability due to personal injury sustained while in the performance of duty or to employment-related disease.
a) In the case of an injury, the Employee should first obtain emergency medical or first aid treatment as appropriate. The USGS Health Unit may be used for this purpose.
(1) Employees should report all job-related injuries to their supervisor as soon as possible. The Employee should indicate if he/she wants to file a claim with OWCP. If so, the Employee or the supervisor may obtain all appropriate forms from the MAC Administrative Office or the Bureau Personnel Office. (Note: The forms must be filed with OWCP within thirty (30) days after the incident which led to the injury.) The Employee, the supervisor and any witnesses(s) should promptly complete the appropriate portion of the form.
(2) An Employee who sustains a disabling traumatic job-related injury may request continuation of pay (COP) for the period of disability (absence from work) not to exceed forty five (45) calendar days, or may request annual or sick leave. It is the Employee's responsibility to promptly notify the supervisor of any request for COP or to indicate the type of leave to be used.
(a) The supervisor may not authorize COP until a completed CA-1 is received from the Employee. COP may be terminated if the Employee fails to provide medical documentation regarding the injury within ten (10) days.
(b) Compensation for loss of wages beyond the period of COP may be claimed by filing the appropriate form with OWCP.
(3) The Employee should obtain an authorization for medical treatment (CA-16) prior to going to the doctor, and should also provide OWCP form 1500 to the doctor for the purpose of submitting bills for administered treatment.
a) In the case of an occupational disease or illness, the Employee must file the appropriate form with the supervisor.
b) The supervisor may not authorize COP. The Employee may use sick or annual leave and apply to OWCP for compensation.
c) The supervisor may only authorize medical treatment with prior OWCP approval.
d) Employees must also report to their supervisor's work-related accidents which result in damage to government-owned or leased property in accordance with applicable regulations.
8. HEALTH SERVICES AND PREVENTIVE MEDICINE
a) The Employer will provide medical surveillance examinations of individuals exposed to hazardous environments in accordance with applicable regulations. Employee time spent for examinations, briefings, consultations, immunizations, etc., pursuant to the Employer's safety and health program is considered duty time.
b) The Employer will provide and maintain convenient first aid kits, eye wash stations, etc. The MAC Safety Committee will monitor the availability, locations, conditions and use of the first aid kits, eye wash stations, fire extinguishers, and other first aid materials, consistent with the recommendations of the bureau safety office. Locations of first aid stations will be conspicuously marked. There will be a minimum of one (1) first aid kit per fifteen (15) Employees in each general area where bargaining unit Employees are located.
c) In consideration of the damaging effects of tobacco on the health of the Employees, the Parties agree to implement and support a policy which prohibits smoking within all USGS buildings in which MAC bargaining unit Employees are located. The Employer will provide smoking areas outside the building at designated atriums, patios and areas of the grounds to accommodate the needs of Employees who smoke. The Employer will also offer educational programs to assist smoking Employees who wish to quit as allowed within budget constraints.
9. VIDEO DISPLAY TERMINAL (VDT) OPERATORS. A VDT operator is an Employee who continuously operates a VDT for six (6) or more hours per day. VDT operators are entitled to a five (5) minute rest break each hour of operation; Employees remain in a duty status during the rest breaks. VDT operators may be rotated to other duties from the VDT where the Employer finds this practical or necessary. The Employer agrees to provide such preventative measures as appropriate and in accordance with law, rules, and regulations, such as anti-glare screens, changes to lighting, adjustable tables and chairs, etc.
10. ASSAULT AGAINST EMPLOYEES. The Employer considers all threats to Employees to be serious.
a) All cases of physical threat or violence to Employees shall be immediately reported to the Employee's immediate supervisor. If, in the judgment of the Employee and/or the supervisor, the assault and/or threat is sufficiently severe, the proper law enforcement officials shall be notified. The Employer will take the circumstances into consideration and determine whether further assistance is necessary.
b) Counseling for Employees who feel threatened or experience violence in the work place will be provided through COPE, the EAP for the Employer. The Employee's right to privacy with regard to counseling and resulting records will be protected within the provisions of applicable law and regulations.
c) If an Employee is absent from work because of injury resulting from assault while on duty, the absence may be handled in accordance with the Federal Employee Compensation regulations.
d) Employees who assault other Employees may be subject to discipline, as appropriate, in accordance with Article 23, Disciplinary and Adverse Actions, of this Agreement.
e) The Employer agrees to add violence in the workplace related training to the cadre of courses provided by the EAP.
11. The Employer will provide a vision care program in accordance with applicable laws, rules, and regulations in those cases where Employees meet established criteria. The Employer agrees to fulfill it's responsibility with regard to the OWCP process for Employees who may file a claim related to the deterioration of vision.