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OCCUPATIONAL SAFETY AND HEALTH
Section 1. The Employer shall abide by
P.L. 91-596 and Executive Order 12196, concerning occupational safety and
health, and regulations of the Assistant Secretary of Labor for Occupational
Safety and Health, FAA Order 3900.19, and such other regulations as may be
promulgated by appropriate authority.
Section 2. The Employer shall make every reasonable effort to provide
and maintain safe and healthful working conditions. Factors to be considered
include, but are not limited to, proper heating, air conditioning,
ventilation, air quality, lighting, and water quality. This Section and
Section 13 also applies to government-provided or leased housing for
bargaining unit employees under appropriate regulations. The Union shall
cooperate in these efforts and encourage employees to work in a safe manner.
Section 3. The Employer agrees to continue a national Occupational
Safety and Health Committee. The committee will meet as frequently as required
by the Charter of the Occupational Safety, Health, and Environmental
Compliance Committee (OSHECCOM). The Union shall be entitled to designate a
minimum of one (1) representative.
The Union shall designate one (1) representative per region as the point of
contact for all matters related to Occupational Safety and Health. This
representative shall serve as a member of the Regional OSHA committee.
Regional committees shall meet as frequently as required by the OSHECCOM
Charter.
Union representative(s) shall be on duty time, if otherwise in a duty status,
and entitled to travel and per diem when participating in any committee
meeting, joint conference, or training as determined by the Employer and
agreed upon by the National/Regional OSHECCOM as appropriate. If requested by
the representative(s), and if operational requirements permit, the Employer
shall change his/her days off to allow participation in a duty status.
Section 4. The Parties shall maintain local Occupational Safety and Health
Committees in accordance with the OSHECCOM Charter. The Union shall designate
its representative(s). The meeting(s) shall be scheduled so as to allow the
Union representative(s) to attend on duty time. The committee shall monitor
and review the progress in occupational safety and health at the facility and
determine which areas should receive increased emphasis and to insure that
appropriate corrective measures are implemented. Consistent with the
provisions of the OSHECCOM Charter, the committee shall have access to
Employer information necessary to perform committee functions except where
release of information is prohibited by law.
The committee shall forward recommendations to the facility manager for action
on matters concerning occupational safety, health, lighting and air quality.
The facility manager shall, within a reasonable period of time, but not to
exceed thirty (30) days, advise the committee that the recommended action has
been taken, or provide reasons, in writing, why the action has not been taken.
If the recommended actions are beyond the authority of the Air Traffic
Manager, he/she shall forward the committee recommendations to the appropriate
authority for action as soon as practicable.
Section 5. Training of Union-designated Occupational Safety and Health
Committee members shall be provided in accordance with 29 CFR 1960.58 and
1960.59(b). Bargaining unit members shall receive safety and health training
in accordance with 29 CFR 1960.59(a).
Section 6. The Employer shall provide protective clothing for employee
use at facilities that take weather observations. The availability and type of
such clothing shall be determined by the Employer based on the prevalent
weather conditions. Employees who perform local advisory service duties during
daylight hours shall be provided sunglasses.
Section 7. The Employer shall supply and replenish first aid kits which
shall include, at a minimum: blood-borne pathogen clean up kits, remedies for
gastrointestinal relief, alcohol swabs, acetaminophen, aspirin, ibuprofen,
gauze pads and band-aids. These kits shall be readily accessible to bargaining
unit employees at all hours of facility operation.
Section 8. Each facility shall annually review fire evacuation
procedures with all personnel and provide training in the operation of fire
extinguishers and other related equipment at each facility. Fire evacuation
plans shall be conspicuously displayed and reviewed with every employee.
Assistance from local fire departments may be utilized in developing
evacuation plans and conducting the training required under this Section.
Section 9. The Employer shall establish a formal, locally administered
first aid and CPR training course(s) for bargaining unit employees who
volunteer for such training. The number of volunteers to be trained under this
Section shall be at least one (1) per crew, but in no case less than one (1)
per facility. This course may be given by any local agency which is accredited
by the Red Cross or other accredited authority. CPR courses are to be repeated
in accordance with the American Red Cross requirement for annual update
training. Provided funds are available, this training may be provided to
additional bargaining unit employees at each facility. All training shall be
conducted on duty time.
Section 10. In the event of construction or remodeling within a
facility, the Employer shall ensure that proper safeguards are maintained to
prevent injury to bargaining unit employees.
Section 11. If the Employer initiates or permits the use or storage of
chemicals, pesticides, or herbicides at any facility, Material Safety Data
Sheets (MSDS) for each chemical, pesticide or herbicide shall be provided to
the Union prior to use/storage. Any pregnant/nursing employees or personnel
with medical conditions which could be aggravated by the use of the chemicals,
pesticides, or herbicides shall be reasonably accommodated in a manner so as
to prevent exposure. All chemicals, pesticides, and herbicides shall be used
in accordance with applicable law and the manufacturer's guidelines and
precautions.
Section 12. The Employer shall insure that claims for personal injury
are processed in a timely manner in accordance with applicable directives and
regulations.
Section 13. The Employer shall test for evidence of drinking water
contamination (by Radon or other contaminants exceeding EPA water quality
standards) at each air traffic facility, at least once every three (3) years
and more often if there is evidence of possible contamination. If such testing
validates the contamination, and if corrective action or abatement cannot
readily be taken, the Employer will provide bottled water and associated
equipment or other potable water meeting EPA/OSHA standards for the use of all
bargaining unit employees until the contamination has been corrected/abated,
as evidenced by a normal water test taken at least ten (10) days following
correction/abatement.
Section 14. Indoor air quality concerns identified by the local
Occupational Safety and Health Committee, including those involving �sick
building syndrome,� shall be investigated using the advisory standards of the
American Society for Heating, Refrigerating and Air-conditioning Engineers,
and EPA and OSHA guidelines. All test results shall be provided to the local
Union as soon as they are available.
Section 15. At intervals not greater than every six (6) months, the
Employer shall conduct an inspection of asbestos containing building materials
(ACBM) and air monitoring for airborne asbestos fibers in accordance with
OSHA/EPA protocol, in all facilities known to contain friable
asbestos-containing materials (ACM) or non-friable ACM which is likely to
become friable, whether exposed or contained internally in the construction of
the facility. Upon request, the principal Facility Representative or his/her
designee shall be allowed to observe the test process and shall receive a
written copy of the results. All testing shall be conducted by a certified
contractor specializing in asbestos/air quality monitoring. The Union, at its
own expense, may designate an Industrial Hygienist to observe all air
monitoring activities conducted by the Employer's certified contractor.
Section 16. The Parties at the national level shall meet jointly to
develop a model contingency plan which will be applicable to those facilities
referenced in Section 15.
Section 17. Any evidence of visible release or airborne asbestos
contamination, in excess of FAA/OSHA safety limits, shall result in immediate
control steps by the Employer to abate the hazard caused by the asbestos. The
Employer shall retain an asbestos abatement contractor as soon as possible.
Section 18. The Employer and all abatement contractors hired must
comply with all applicable OSHA, EPA, FAA, local, and state regulations
regarding asbestos. Contractors directly involved in the abatement process
must be certified by their local and state governments.
Section 19. If protection measures will not provide adequate protection
of occupants, the Employer will relocate bargaining unit employees outside of
the affected work area while asbestos removal or renovation work is being
done. This includes any work where asbestos may be disturbed due to
construction activity.
Section 20. In the event that relocation is not required/possible, the
abatement contractor will be required to seal off the abatement area with a
negative pressure enclosure. They will ensure and maintain negative pressure
at all times.
Section 21. Decontamination facilities will be provided for all
abatement workers and strict decontamination procedures will be enforced to
insure that workers cannot bring asbestos outside of the enclosure.
Section 22. All abatement workers will be trained in accordance with
OSHA, EPA, state and local regulations. Bargaining unit employees who work in
facilities known to contain asbestos will receive asbestos awareness training
before any major renovation or removal project in their work place.
Section 23. The contractor will be required by the Employer to take air
samples every day by Phase Contrast Microscopy (PCM) both inside and outside
the containment. Sample results will be posted the day they are received.
Results will be made available to Facility Representatives immediately upon
request. Representative personal monitoring shall also be conducted in
accordance with the model contingency plan developed in accordance with
Section 15, on at least one (1) employee in areas occupied by bargaining unit
employees. Due to the potential noise level of the monitor and its associated
distractions, any bargaining unit member who volunteers to wear the monitor
shall, if operational requirements permit, be assigned to a non-control
position for the period in which such monitoring occurs.
Section 24. The abatement area cannot be reoccupied until it has passed
a visual inspection and met an aggressive clearance air sampling criteria, e.
g., by PCM or Transmission Electron Microscopy (TEM), in accordance with
applicable regulations.
Section 25. During any abatement project, the work of the abatement
contractor and all air monitoring will be overseen by an independent Certified
Industrial Hygienist, whose report will be shared with the Union by the
Employer. The Union, at its own expense, may designate an Industrial Hygienist
to observe the work of the abatement contractor.
The Union�s Hygienist will be allowed to perform side-by-side TEM air
monitoring on a random basis, on days and times to be determined by the Union,
at the Union�s expense. The Parties will exchange copies of all reports,
records, memoranda, notes, and other documents prepared by the Employer, the
Employer�s contractor, the Union, the Union�s Hygienist, and the Union�s
accredited laboratory. The Union will give the Employer advance notice of
visits by its Hygienist.
Section 26. Bargaining unit employees who have been exposed to levels
equal to or greater than OSHA permissible exposure limits shall be eligible
for medical surveillance programs paid for by the Employer, in accordance with
OSHA standards/FAA directives.
Section 27. The Employer Agrees to provide a safety bulletin board in
an area frequented by bargaining unit personnel. This board shall be for the
exclusive use of the facility safety committee and posting of safety
information. It shall include the FAA Occupational Safety and Health Program
poster is one exists.
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