Article 28
Safety and Health

Section 1. General

It is the policy of the Department of Labor to provide and maintain for its employees places and conditions of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm. Consistent with this policy, the Department is committed to provide its employees with a work environment free from health risks associated with exposure to chemical, physical, and biological agents. The Department's occupational safety and health program will comply with requirements of Executive Order 12196 and 29 CFR Part 1960.

Section 2. Committees

The Department agrees to establish Occupational Safety and Health Committees in accordance with the provisions of the Executive Order. The Department further agrees to develop and issue appropriate identification, e.g., official safety and health credentials, to all Committee members to assist them in carrying out their responsibilities. Specifically, the following Committees will be established.

a. Department of Labor Safety and Health Committee (Departmental Level)

(1) Responsibilities

(a) Principal function is to monitor and evaluate the Department's safety and health program.
(b) Monitor performance of the Department's safety and health program and make recommendations for changes.
(c) Monitor and evaluate the effectiveness of national office and/or regional office safety and health training programs.
(d) Monitor and evaluate proposed Departmental standards.
(e) Monitor and evaluate the development and operations of national office and regional office Safety and Health Committees.
(f) Monitor and evaluate the resources allocated to the Department's safety and health program.

(2) Organization

(a) The Committee shall represent the major headquarters units where the Department's safety and health policy is formulated.
(b) The Committee shall have equal representation of Management and non-Management employees.
(c) Non-Management members shall be selected by the exclusive bargaining representatives.
(d) Committee members shall serve overlapping terms. Such terms shall be of at least two (2) years' duration except when the Committee is initially organized.
(e) The Committee chair shall be nominated from among the Committee's members and shall be elected by the Committee members. Management and non-Management members shall alternate this position. Maximum service as chair shall be two (2) consecutive years.
(f) The Committee shall meet regularly, at least quarterly. Special meetings shall be held as necessary.

1. Adequate notice of Committee meetings shall be furnished to Committee members in advance.
2. Written minutes of each Committee meeting shall be maintained and distributed to each Committee member and made available to employees and to the Secretary upon request.

b. National Office Committee (Establishment Level)

(1) Responsibilities

(a) The principal function is to monitor and evaluate the execution of the Department's safety and health policies and program in the Agencies comprising the national office.
(b) Monitor and evaluate all aspects of the Department's safety and health program as implemented by the headquarters and submit appropriate recommendations for change.
(c) Monitor findings and reports of workplace inspections to ensure that appropriate corrective measures are implemented.
(d) Participate in safety and health inspections when, in the judgment of either side of the Committee, such activity is necessary to evaluate Departmental inspection procedures on safety and health matters.
(e) Review internal and external evaluation reports concerning the Department's safety and health program.
(f) Evaluate procedures for handling safety and health suggestions and recommendations from employees.
(g) Comment on standards proposed as substitutes for Occupational Safety and Health Administration (OSHA) standards, as appropriate.
(h) Monitor and evaluate the level of resources allocated by the Agencies to carry out their safety and health responsibilities.
(i) Review plans for abating hazards.
(j) Review responses to reports concerned with allegations of hazardous conditions, alleged safety and health program deficiencies, and allegations of discrimination. If half the members of record on the Committee are not substantially satisfied with the response, they may request an appropriate investigation or inspection to be conducted by OSHA.
(k) The Committee shall have the opportunity to inspect new equipment to determine that it is free of hazards and safe for use before employees are permitted to operate the equipment.
The Department agrees to notify the Committee in a timely manner so an inspection can be made before the equipment becomes operational. This will include such new equipment as a printing press, bindery equipment, large automatic photocopying equipment, automated filing equipment, self-propelled machinery, and fork-lift equipment.

(2) Organization

(a) The Committee shall represent the major headquarters Agencies where Departmental safety and health programs are implemented.
(b) The Committee shall have equal representation of Management and non-Management employees.
(c) Committee members shall serve overlapping terms. Such terms shall be of at least two (2) years' duration except when the Committee is initially organized.
(d) The Committee chair shall be nominated from among the Committee's members and shall be elected by the Committee members. Management and non-Management members shall alternate in this position. Maximum service as chair shall be two (2) consecutive years.
(e) The Committee shall meet regularly, at least quarterly. Special meetings shall be held as necessary.

1. Adequate notice of Committee meetings shall be furnished to Committee members in advance.
2. Written minutes of each Committee meeting shall be maintained and distributed to each Committee member and made available to employees and to the Secretary upon request.

(f) The Committee shall be authorized to form working groups as necessary to facilitate the functioning of the Committee.
(g) The Department agrees to issue a distinguishing insignia along with whatever other protective equipment may be necessary to all Committee members to assist them in carrying out their responsibilities.

Section 3. Workplace Inspections

The Department agrees that its occupational safety and health program will provide:

a. Prompt abatement of unsafe or unhealthful working conditions. When this cannot be accomplished, the Department agrees to develop an abatement plan setting forth a timetable for abatement and a summary of interim steps to protect employees. Employees exposed to the conditions will be informed of the abatement plan. When the hazard cannot be abated without the assistance of the General Services Administration (GSA) or other Federal lessor Agency, the Department agrees to act with the lessor Agency to abate the hazard.
b. Assurance that a designated Local 12 steward from the organization involved may accompany the inspection of workplaces.

Section 4. Duty of Employees and Supervisors

Any employee in the bargaining unit who is assigned duties which he/she reasonably believes could possibly endanger his/her health or well-being will notify the supervisor of the situation. If the supervisor cannot solve the problem and agrees with the employee, the supervisor shall delay the assignment and refer the matter through the proper channels for appropriate action. Should the supervisor and the employee not agree, the matter will be referred to the Agency Safety and Health Specialist, if available, who, with the assistance of the DOL Office of Safety and Health, Office of the Assistant Secretary for Administration and Management, shall evaluate the condition as to its element of danger to the employee's health and safety. The employee has the right to immediately consult with a designated Local 12 steward. The employee in the bargaining unit may elect not to perform his/her assigned tasks only because of a reasonable apprehension of death or serious injury, coupled with a reasonable belief that no less drastic action is available.

Section 5. Employee Reports of Unsafe or Unhealthful Working Conditions

The Department agrees that its occupational safety and health program will:

a. Assure response to employee reports of hazardous conditions and require inspection within twenty-four (24) hours for imminent danger, three (3) workdays for potentially serious conditions, and twenty (20) workdays for other conditions. Any employee or steward is authorized to request an inspection of the workplace when he/she believes an unsafe or unhealthful condition exists. The request should be in writing and should be signed. The request will be investigated by a safety and health professional. When an employee believes an imminent danger exists, the condition may be reported orally (in person), by telephone, or by other means, and a written report filed at a later time. The procedures will assure the right to anonymity of those employees or stewards who make the reports.
b. Permit an employee or the designated steward to request an appropriate inspection to be conducted by OSHA if the employee or the designated steward is not satisfied with the results of the Department's inspection and findings.
c. Establish procedures to assure that no employee is subject to restraint, interference, coercion, discrimination, or reprisal for filing a report of an unsafe or unhealthful working condition or other participation in Agency occupational safety and health program activities.

Section 6. Management Information

a. The Department agrees that its occupational safety and health program will include the gathering and maintenance of program information necessary to monitor its effectiveness.
b. Written reports of inspection activities, including notices of unsafe or unhealthful working conditions (and abatement thereof), will be given to employees, employee representatives, and Safety and Health Committees, as appropriate, pursuant to 29 CFR Part 1960 Subpart D.

Section 7. Training

The Department agrees that its occupational safety and health program will provide appropriate safety and health training for employees responsible for conducting occupational safety and health inspections, Local 12-selected members of appropriate Occupational Safety and Health Committees (see Section 2), and other unit employees, as necessary.

Section 8. Health Service

The Department agrees to continue to provide the various health services which are currently provided to employees of the bargaining unit.

Section 9. Employees with Disabilities

The Department agrees to develop procedures to assure that all employees with disabilities are provided appropriate assistance to evacuate the building in the case of an emergency.

Section 10. Environment

a. Consistent with its responsibility to furnish employees places and conditions of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm, the Department is committed to provide its employees with a work environment free from health risks associated with exposure to chemical, physical, and biological agents.
b. The Department will conform to applicable GSA regulations in the operation of the Frances Perkins Building. The Department will work, as necessary, with GSA to assure conformance with these requirements in GSA-controlled, DOL-occupied, leased space.
c. The Department will participate in and coordinate with GSA's cyclical air quality review program, follow-up on specific complaints, and take what corrective actions prove possible to alleviate problems which have been identified.
d. Every reasonable effort will be made to ensure that photocopy equipment is located in properly ventilated space and that its operation does not endanger the health of DOL employees. Employees will be advised of the proper method of chemical waste disposal.
e. The Department will respond promptly to employee complaints. Scheduled indoor air quality investigations and surveys will be based on relevant guidance from the National Institute for Occupational Safety and Health, OSHA, or other appropriate nationally recognized authorities. Results of investigations or surveys will be given to employees and employee representatives.

Section 11. Smoking Policy

In view of the findings of numerous studies which conclude that smoking adversely affects the health of persons "passively" exposed to tobacco smoke, and in the interest of protecting the health and well-being of DOL bargaining unit employees, the parties have negotiated a Memorandum of Understanding (MOU) dated January 14, 1991, on this subject.

Smoking is defined as a lighted cigar, cigarette, pipe, or any other lit tobacco product. The parties recognize that, where appropriate, local government ordinances or state government statutes may impact on this policy. Further, the parties agree that in the event a higher level regulation or an Executive Order is issued regarding smoking in Government-owned or managed buildings, the smoking MOU will be reopened for negotiations in accordance with such new issuance.

The parties support and encourage all efforts by employees to quit smoking. In this regard, the Department will continue to sponsor and provide appropriate time and bear the cost of employee participation in DOL smoking cessation classes, clinics, or other such activities. Participation in a smoking cessation program will be voluntary.