Article 33
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 cause or are likely to cause death or serious physical harm. Consistent with this policy, the Department is committed to providing 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 continue Occupational Safety and Health Committees in accordance with the provisions of the Executive Order 12196 and 29 CFR 1960. 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 representative designated by Local 12 from the organization/Agency involved may accompany the inspection of workplaces.
c. Every inspection shall include identification, analysis and control of all hazards, including ergonomic hazards. In addition, written inspection reports shall address all identified hazards.

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 Manager, 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 Local 12 representative. 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 and submitted to the Agency Safety and Health Manager. 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 a Local 12 representative from the same Agency to request an appropriate inspection to be conducted by OSHA if the employee or the designated Agency representative is not satisfied with the results of the Agency’s, Department's, and the Safety and Health Committee 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 each member of the Safety and Health Committee, as appropriate, pursuant to 29 CFR Part 1960 Subpart D. Such reports may be transmitted electronically.

Section 7. Training

The Department agrees that its occupational safety and health program will provide safety and health training. The parties recognize that training of collateral duty safety and health personnel, committee members, employees and employee representatives shall be conducted in accordance with 29 CFR Sections 1960.58 and 1960.59. As prescribed in 29 CFR 1960.58 and 1960.59, such training shall include:

• Agency occupational safety and health programs
  Section 19 of the Act
• Executive Order 12196
• Agency procedures for reporting evaluation and abatement of hazards
• Agency procedures for reporting and investigating allegations of reprisals
• Recognition of hazardous conditions and environments
  Identification and use of occupational Safety and Health standards
• Other appropriate rules and regulations

This Section does not preclude management from determining any other safety and health training as necessary. The Union recognizes management’s right to determine who will conduct the training, how it will be conducted and when.

Section 8. Health Service

The Department, within budgetary limitations, agrees to continue to provide the various health services which are currently provided to employees of the bargaining unit. Persons who wish to have vision screening examinations may do so by scheduling an appointment with the Health Unit in the Frances Perkins Building. The Department further agrees to post on the DOL Labor Net timely information on various health services, screenings and physical examinations that the Department provides to employees. If the Department, for budgetary reasons, needs to curtail health services, it will notify Local 12 in advance of any curtailment.

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 cause or are likely to cause death or serious physical harm, the Department is committed to providing 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

a. The Department’s smoking policy will comply with all government wide rules and regulations. The Department will maintain a smoke-free environment for Federal employees and members of the public visiting or using space owned, rented, or leased by the Department. Smoking of tobacco products is prohibited in all interior space except currently designated smoking areas in buildings other than the Frances Perkins Building that are ventilated directly to the outside and maintained under negative pressure. Moreover, in order to protect workers and visitors from environmental tobacco smoke, smoking is prohibited at and around doorways, in courtyards, in any outdoor areas in front of air intake ducts, and at portions of the Frances Perkins Building rooftop. Smoking is allowed only in designated smoking areas, which will be identified by suitable, uniform signs. The designated areas are on the second floor balcony and on the West side of the 6th floor rooftop including the enclosed area outside the cafeteria. The Department will provide adequate ashtrays or receptacles in the designated smoking areas. Management acknowledges that employees must be provided reasonable opportunity to utilize such areas. In addition, the general policy is subject to all exceptions as stipulated in Executive Order 13058 and any other government-wide regulations.
b. The parties support and encourage all efforts by employees to quit smoking. In this regard, as budget allows, the Department will continue to sponsor, 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.

Section 12. Ergonomic Hazards

a. The policy of the Department is to provide safe and healthful workplaces for all DOL employees. In keeping with the policy, the Department acknowledges that there are certain ergonomic and environmental factors that can contribute to the health and comfort of computer users. These factors involve the proper design of workstations and the education of managers, supervisors, and employees regarding the ergonomic, job design, and organizational solutions to computer problems as recommended in various studies published by the National Institute for Occupational Safety and Health (NIOSH). The Department will achieve this policy by:

(1) Acquiring computers and accessory equipment that, to the maximum practical extent, provide comfort to the user and keyboards, worktables, and chairs that are height adjustable and provide proper back support.
(2) Providing for the laying out of workspaces that are properly illuminated to reduce glare and ensure visual comfort to computer users while providing adequate lighting for traditional clerical tasks.
(3) Seeking and acquiring information and technical assistance, as needed, from appropriate resources on methods for most effectively designing computer workstation layouts.
(4) Educating employees about the proper and safe operation of computers, including the value of interspersing prolonged periods of computer use with other work tasks requiring less intensive visual concentration.

b. The Department agrees that employees should be provided information about ergonomic hazards and how to prevent ergonomic related injuries. This information may be provided by Spotlights, OSHA Safety and Health Guidelines, and other available literature. The Department agrees to the maximum extent possible to provide equipment (chairs, tables, workstations, etc.) which meet nationally recognized ergonomic design criteria. Before equipment is purchased, to the extent possible the vendor should provide training on safe and proper operation of the equipment.
c. The parties agree to maintain a sub-committee of the National Office Safety and Health Committee on ergonomics to provide the Department with guidance and policy recommendations on addressing ergonomic issues in the DOL workplace. The subcommittee will have equal representation of Management employees and non-Management employees selected by the exclusive bargaining representative.
d. The Department agrees to maintain an ergonomics equipment assistance room in the FPB so employees can try out equipment at any time. This room contains displays of various office accessories designed to minimize, reduce, and/or eliminate injuries, illnesses and hazards associated with the use of computer workstations.
e. Any medical diagnosis that an employee presents to Management in connection with a request for reasonable accommodation will be handled in accordance with Article 25, Section 10 of the agreement.

Section 13. Security

This section demonstrates the awareness by both the Department and Local 12 that, in these times of national and world crisis and local threats to security, the parties must cooperate to provide employees the most safe, secure and violence free environment possible. Local 12 and the Department agree that establishing regular, effective communication between the parties is essential to ensuring the safety and security of employees. To that end, we agree to work through existing committees or teams.

Section 14. Personal Protective Equipment

If recommended by an inspection or determined by an employee’s supervisor, personal protective equipment shall be provided to the employee. The Department agrees to pay for the equipment, in accordance with government wide procurement regulations, and to provide the employee using the equipment with effective training in its proper use.