ARTICLE 7 - HEALTH AND SAFETY

The language in this Appendix continues unchanged from the previous Agreement except for minor housekeeping changes.

7.01 - Health and Safety:  General Duty

The Employer and the Association agree that the health and safety of employees is a matter of great importance.

7.02 - No Reprisal

Once the procedures provided for in this Article have been followed, no employee shall be subject to restraint, interference, coercion, discrimination, or reprisal for filing a report of an unsafe or unhealthy working condition, or for participation in occupational safety and health program activities provided in this Article.

7.03 - Compliance

The Employer and employees shall comply with all agency safety rules and regulations and the safety and health standards and regulation as provided for under the State of Ohio O.S.H.A. Such safety and health standards and regulations shall be made readily available for review to all employees.

The Employer shall provide to the Association all notices required by applicable Health and Safety Laws.  Notice shall be served upon the Association at its principal business address.

7.04 - Access to Information about Toxic Substances

All employees shall have access to information on all toxic substances in the work place pursuant to current O.S.H.A. regulations.

7.05 - Duty to Report

Employees shall cooperate with the Employer in maintaining safe and healthful working conditions.  All employees shall promptly report unsafe conditions related to physical plant, tools, and equipment, on an incident report, to supervisor.  If the supervisor does not abate the problem, the matter should then be reported to the agency's safety designee.

Employees who are injured or who are involved in an accident during the course of employment shall report the accident, no matter how slight, immediately to supervisor and file an accident report, on a form furnished by the Employer.

7.06 - Unsafe Conditions

An employee shall not be disciplined for a good faith refusal to engage in or work in a situation which is allegedly life-threatening or presents the potential for serious injury or which is abnormal to his/her place of employment and/or position description, subject to any three (3) of the following conditions:

1. the employee believes in good faith that performing a task would place him/her in imminent physical danger;
2. the employee has brought the hazard to the attention of the Agency's facility Health and Safety designee, has sought to have it corrected and has allowed the Employer a reasonable period of time to correct the problem;
3. the employee has identified an ongoing or reoccurring hazard and/or violation, has followed the steps in Section 7.06(B) with no resolution and has filed a grievance over the alleged hazard(s) or violation(s); or
4. there is no time to remedy the problem through other means outlined in this Agreement, or agency policies.

Such refusal shall be immediately reported to an agency safety designee for evaluation.  An employee confronted with an alleged unsafe situation must assure the health and safety of any person entrusted to his/her care or for whom he/she is responsible and members of the general public by performing his/her duties according to agency policies and procedures before refusing to perform an alleged unsafe or dangerous act or practice pursuant to this Section.

7.07 - Health and Safety Committees

In the following agencies, each institution having five (5) or more bargaining unit employees shall have a health and safety committee to recommend those actions and procedures necessary to insure that the Employer is in compliance with all appropriate health and safety rules and regulations:

Ohio State School for the Blind

Ohio School for the Deaf

Department of Mental Health

Department of Rehabilitation and Correction

Department of Youth Services

There shall also be a Health and Safety Committee for the State Library of Ohio.  The Association shall appoint one (1) representative to serve on each committee.  No agreement may be reached on any matter that would alter in any way the terms of this Agreement.  The committees will meet and schedule a meeting at least once each calendar year and minutes of said meetings will be made available to employees.  The committees will attempt to resolve issues raised.  Such committees will be comprised of other bargaining representatives where applicable.

Employees who are committee members will be paid  base rate of pay for attendance at such meetings.  In no event shall reimbursement exceed the employees' regular daily rate of pay.  All meetings will be held during normal business hours.

7.08 - First Aid

Each institution shall make available personnel trained in first aid, and shall provide first aid equipment and supplies.

7.09 - Restroom Facilities

Restroom facilities shall be cleaned, supplied and properly maintained.

7.10 - Fire/Tornado Safety

Fire/tornado drills and/or procedural reviews shall be conducted periodically in accordance with O.S.H.A. or at least twice a year.  The existing fire extinguishers, smoke detector systems and sprinkler systems shall be inspected in accordance with state law and, where necessary, repaired and/or replaced.  Emergency exist exits shall be properly lighted and identified, and an evacuation plan shall be conspicuously posted.

7.11 - Classroom Assistance

The Employer shall continue to provide method(s) for teachers to call for assistance in the classroom during emergencies.

7.12 - Smoking Policies

The parties acknowledge that the Employer has authority to make reasonable rules regulating smoking.  Such policies shall be discussed in the Labor/Management Committee prior to implementation.

7.13 - Employee Assistance Program

Both the Employer and the Association agree to the implementation of the State's Employee Assistance Program (EAP) through the Joint Labor/Management Committee.

The Employer shall cooperate fully with the Association in developing awareness of the available services under EAP.

Confidentiality of records shall be maintained at all times within the EAP.  Information concerning an individual's participation in the program shall not enter his/her personnel file.  In cases where the employee and the employing agency jointly enter into a voluntary agreement in which the employing agency defers discipline while the employee pursues a treatment program, the employee shall waive confidentiality, and the employing agency shall receive regular reports as to the employee's continued participation and success in the treatment program.

7.14 - Drug-Free Workplace Policy

Bargaining unit employees shall be subject to the State of Ohio Drug-Free Workplace Policy set forth in Appendix F of this Agreement; and such other rules regarding drug testing and use as may be promulgated by the Employer.  The Employer may randomly test, for drugs and alcohol, employees who have direct contact with inmates or youths, in the Departments of Rehabilitation and Correction, and Youth Services, and the Ohio Schools for the Deaf and the Blind.

7.15 - Communicable Diseases

A.     Mandatory Tuberculosis screening may be conducted annually for all employees in agencies with higher incidence of risk.  Based on the risk assessment, some employees or work areas may need to be tested more often than annually.  Such additional testing will be based upon Centers for Disease Control (CDC) guidelines.  The Employer will hold the employee harmless from any costs incurred as a result of additional tests or x-rays incurred as a result of a positive test.

B.     The Employer recognizes that some employees who work with individuals infected with hepatitis B virus may be at an increased risk of acquiring hepatitis B infection.  In accordance with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) guidelines, hepatitis B vaccinations shall be made available to employees who have a high risk occupational exposure to the virus.  Low risk employees will have vaccinations made available post exposure, within the timelines required under federal regulations, i.e. if exposed to blood or other potentially infectious materials.  Post exposure evaluation and follow-up consultations will be made available for all employees who experience an exposure incident.  “Occupational exposure” shall have the same meaning in this Agreement as is contained in the OSHA guidelines.  All hepatitis B vaccinations and related medical procedures pertaining to its administration are to made available at no cost to the employee.

7.16 - Working Alone

In the Institutions of the Department of Rehabilitation and Correction and Department of Youth Services, working alone shall be governed by the Agency Policy.   A periodic check on the safety of employees who work alone in potentially hazardous areas shall be made.