ARTICLE 23
HEALTH AND SAFETY
A. Preamble
It is the duty of the University to provide and maintain a safe place of employment. 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 the established campus/hospital/Laboratory health and safety policies and procedures.
B. Employee’s Duty
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 hazardous conditions; to follow the safety regulations and requirements of the University; and to report any unsafe practices or hazardous conditions to their immediate supervisor(s).
C. Safety Review
An employee shall not be required to perform work which he/she reasonably believes is unsafe, until the safety concern of the employee has been reviewed by the designated University safety official. Management shall contact the designated University official, and the employee may be reassigned to perform other work. If the work in question is determined to be safe by the designated University safety official, the employee may be ordered to perform the work. If the safety matter is not resolved satisfactorily, the Union (steward or Teamsters Local 2010 representative) may consult with the UCSD Director of Labor Relations, who shall investigate the safety matter and advise the Department and the Union of any findings or recommendations.
D. Safety Inspections
One (1) bargaining unit employee designated by Teamsters Local 2010 may accompany a representative of the Environment, Health and Safety Department (EH&S)
and a representative of management on safety inspections conducted by EH&S at the Campus and Health System in shops/trades building, mechanical spaces, and roofs. Management shall notify the designated Safety Steward of upcoming inspections. Teamsters Local 2010 shall submit to the University a list of employees selected to participate in the inspection. The availability of the bargaining unit employee to participate in an inspection shall be determined by his/her immediate supervisor on the basis of operational needs; however, participation by Teamsters Local 2010 requested employees shall not be unreasonably denied.
Employee time spent on participation in inspections shall be considered time worked, except that time spent outside of an employee’s scheduled work time shall not be considered time worked. An employee shall be compensated at the straight time rate for all time worked on inspections. At no time will an employee receive premium overtime for time spent on participation in inspections.
E. Safety Training
Appropriate safety training will be provided to bargaining unit employees, based on operational needs and legal requirements. The Joint Health and Safety Committee may make training recommendations.
F. Disputes concerning this Article shall be subject to the Grievance Procedure of the Agreement, Article 21, but shall not be subject to the Arbitration Procedure of the Agreement, Article 22.