ARTICLE 30 HEALTH & SAFETY
1.It is the duty of the University to make a reasonable effort to provide and maintain a safe place of employment. The University will provide appropriate safety training to bargaining unit employees. The Union will cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner, including but not limited to complying with UCLA’s Injury and Illness Prevention Programs.
https://www.ehs.ucla.edu/ip/iipp, http://www.mednet.ucla.edu/Policies/pdf/enterprise/HS8000.pdf, and http://www.mednet.ucla.edu/Policies/pdf/sm/1100.pdf)
2.It is the duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements of the University, and to report any unsafe practices or hazardous conditions to their immediate supervisors. Employees who believe they have been subjected to reprisal for making such reports may make complaints pursuant to the University’s Whistleblower Policy.
3. An employee shall not be required to perform work which he/she reasonably believes is unsafe, including work assignments for which he/she does not have the proper training, skill set or equipment, until the safety concern of the employee has been reviewed by Environment, Health and Safety or designee. Management shall contact Environment, Health and Safety or designee, and the employee may be reassigned to perform other work. If the work in question is determined to be safe by the Director of Environment, Health and Safety or designee, the employee may be ordered to perform the work. If the safety matter is not resolved satisfactorily, the Union may consult with the appropriate UCLA Campus or Health System Labor Relations Director or designee, who shall investigate the safety matter and advise the Department and the Union of any findings or recommendations. The parties may agree to engage in non-binding mediation.
4.If an employee believes he or she cannot perform assigned duties based on his or her health condition, the employee must immediately inform the supervisor who may in the supervisor’s sole discretion, temporarily re-assign the employee’s job duties, refer the employee to a University-selected healthcare provider at the University’s expense, or send the employee home. If an employee is sent home, the University may require medical certification releasing the employee to return to work.
When an employee provides documentation that the employee’s medical condition makes it unsafe to perform the duties of his/her position, the provisions of Article 21- Reasonable Accommodation-shall apply.
B. Personal Protective Equipment
1.The University reserves the right to require certain unit employees to wear protective clothing.
2. Protective clothing is attire worn over or in place of personal clothing to protect the employee’s clothing from damage or abnormal soiling. Safety 78 equipment protects the employee from exposure to hazardous working conditions. The University shall continue to provide clothing and safety equipment which it currently makes available to the employees covered by this Agreement. If protective clothing (e.g. overalls, coveralls, painter’s whites) is required, the University shall provide and maintain such clothing.
3.Each employee who requires corrective safety glasses and is in a classification which requires the use of safety glasses shall receive one pair of corrective safety glasses per year. The employee shall bring the prescription to his/her supervisor and UCLA shall then purchase the glasses.
a. In the month of March of each year, UCLA will furnish safety shoes, valued in accordance with Appendix J, to all employees in the bargaining unit except that employees hired after January 1st in a given calendar year will be furnished safety shoes in accordance with the University’s current contracts upon hire and then again in March of the following year(s) thereafter. Replacement or repair of said shoes is the responsibility of the employee. However, when, in the determination of management, an employee’s shoes are defective or become damaged in the course of the performance of the employee’s assigned duties, management will replace said shoes as soon as possible, but no later than thirty (30) calendar days from the date of the employee’s complaint. If the defective or damaged shoes require a special order (e.g., unusual size or custom-made shoes), management will replace said shoes within sixty (60) calendar days from the date of the employee’s complaint. While on pay status, employees shall be required to wear the safety shoes unless otherwise directed by the University.
b. Alternatively, UCLA will provide vouchers valued in Accordance with Appendix J to all employees in the bargaining unit who request to purchase safety shoes directly from authorized University safety shoe vendors. Nothing precludes a department from issuing vouchers valued in excess of their current departmental practice, in the exercise of its sole management discretion. Employees selecting the option to utilize vouchers will purchase the safety shoes on their own time and will be solely responsible for their replacement when damaged and/or lost. 79
5. Upon written request by Teamsters Local 2010, the University will meet with the union on a mutually agreeable date to discuss Personal Protective Equipment, including but not limited to, shirts.
C. Additional Considerations
1.Bargaining unit employees assigned to work in the University’s Vivarium’s will be required to undergo screenings and a series of Hepatitis “B” immunizations which will be provided by the University.
2.The University and the Union agree that bargaining unit employees are required to carry out their job duties without endangering their own health or safety or that of other employees. The University and the Union further agree that no employee may manufacture, distribute, dispense, sell, use or be under the influence of alcohol or illegal drugs while performing their job duties. To this end, the University and Teamsters Local 2010 agree to schedule meetings within forty-five (45) days of ratification of this agreement to develop a procedure to achieve the University’s goal of a drug-free workplace.
3. Uniforms will comply with OSHA regulations where appropriate. Where current uniforms may not comply with OSHA regulations, the parties agree to a transition period allowing the University phase out the non-compliant uniforms.
Disputes concerning this Article shall not be subject to the Arbitration Procedure of this Agreement.