The
16.1(a) Health and Safety in the Workplace. The
16.1(b) The
16.1(c) Should the employee believe that there
is imminent danger due to work required to be performed, the employee should
inform the immediate supervisor and/or the responsible site safety manager or a
designee. In addition, the employee may
contact the Union Steward or a Health and Safety Institute (HSI) Site Safety
Committee member who will assist in contacting the Site Safety Manager.
16.1(d) Work will not continue until the
responsible Site Safety Manager or designee makes the final determination
concerning the safety of the individual and the work to be performed.
16.1(e) Further, the parties agree that a contact
listing of the responsible Site Safety Managers or designees and the HSI Site
Safety Committee members will be posted at locations conveniently accessible to
IAM bargaining unit employees.
The parties recognize that efforts directed to
achieve a safe and healthy workplace must represent shared responsibility and
encourage the involvement of all employees.
Therefore, the IAM/Boeing Health and Safety Institute exists
to address occupational health and safety issues which impact employees within
the bargaining units and support the parties’ mutual objectives.
16.2(a) IAM/Boeing Joint
Programs National Governing Board and Executive Directors. General direction and guidance of the
IAM/Boeing Health & Safety Institute (HSI) shall be the responsibility of
the IAM/Boeing Joint Programs National Governing Board (Governing Board) as
described in the parties’ Letter of Understanding No. 26, entitled
Administration of Joint Programs, and the parties’ Letter of Understanding No.
18, entitled Expenditure of Funds under Article 16 and Article 20. Oversight of day-to-day operations of HSI and
coordination of HSI administrative staff activities, as directed by the
Governing Board, shall be the responsibility of the IAM/Boeing Joint Programs
Executive Directors as described in the parties’ Letter of Understanding No.
26.
16.2(b) Administrative
Staff. In support of the HSI Mutual Objective as
outlined in Section 16.1, staff responsibilities include being involved in
developing, recommending, and implementing health and safety programs. The
IAM/Boeing Health & Safety Institute’s Administrative Staff is described in
the parties’ Letter of Understanding No. 26, Sections C and D.
16.2(c) Joint Health and
Safety Communication Committee. The
Joint Health and Safety Communication Committee shall be comprised of one (1)
representative of each party from each of the Site Committees and one (1)
administrative staff from each party. The Site Committee representatives to the
Joint Health and Safety Communication Committee shall be comprised of the Site
Committee Chairperson and the Site Committee Secretary. The Committee shall
work to ensure a consistent approach to communication and application of the
Health and Safety Institute’s programs and services, to benchmark and share
best practices, to make recommendations back to the respective sites, and to review any matters referred to it by
a Site Committee, the Governing Board, or the administrative staff. The
Committee shall meet at least monthly and shall select from among its members a
chairperson and secretary, from the opposite party, who shall serve a half-year
term. The chair and secretary of the
Committee shall rotate between the parties. No Committee member shall suffer
any loss of employee rights or benefits, including opportunities for promotion,
as a result of serving on the Committee.
16.2(d) Site Committees.
16.2(d)(1) Structure. The Governing Board shall be
responsible for the establishment of Site Committees and may add, delete or
modify existing or future Site Committees as it deems necessary. Site Committees are currently established at:
Auburn Site, Developmental Center/Kent Site, Everett Site, Frederickson Site,
Plant II Site, Portland Site, Renton Site, and Wichita Site. Site Committees shall be comprised of a
minimum of four (4) representatives from each of the parties, one of whom shall
be the
16.2(d)(2) Responsibilities.
Each Site Committee shall meet at least monthly and shall select from
among its members a chairperson and secretary, from each party, who shall serve
a half-year term. The chair and
secretary shall rotate between the parties.
Minutes of all meetings, tours and recommendations shall be forwarded to
the Committee members, the senior operations site manager(s) the SHEA Director
and the Health and Safety Institute office.
Each Site Committee shall be responsible to carry out those functions as
directed by the Governing Board and as coordinated by the administrative
staff. Each Site Committee also shall
make a monthly tour based on the following criteria: accident injury rates, SHEAR forms, Operations
safety plan goals and objectives and/or other tour indicators agreed to by the
Site Committee. Information gathered
will be shared with the organization, members of the Site Committee, Division
Executives, SHEA and the Health and Safety Institute offices. Such tours shall be conducted as efficiently
as possible and time spent in each instance shall be kept to the reasonably
necessary minimum. In support of Site
Committee responsibilities, Site Committee members will receive adequate
training as determined by HSI in support of individual site requirements.
16.2(e) Hazard Communication Team. The Hazard Communication Team shall consist
of equal numbers of representatives of each party: team members will be from Puget Sound,
16.2(f) Health and Safety
Training. The Health and Safety Institute will develop,
provide and/or deliver health and safety training that impacts IAM bargaining
unit employees.
16.2(f)(1) The Health and Safety
Institute provides training for employees where driven by requesting
organizations, Operations safety plans, appropriate occupational health and
safety practices and compliance, and other training mutually agreed to by the
Governing Board.
16.2(f)(2) Shop
Safety Monitors/Focals. The
16.2(f)(3) When the need arises, subject
matter experts (SMEs) from the bargaining unit may be used in the development
and delivery of health and safety training.
SMEs will be identified, selected and approved by the administrative
staff. With concurrence between the
Institute and the affected organizations, normal lost time charges for those
SMEs assigned to assist in the development or delivery of such training may be
paid by the Institute or the requesting organization.
16.2(g) Employee
Participation. The Governing Board, the administrative
staff, the Joint Health and Safety Communication Committee, a Site Committee or
the Hazard Communication Team may utilize the expertise of bargaining unit
employees either as advisors or as representatives on the joint Health and
Safety Communication Committee, or on a Site Committee. Time spent by these individuals in such
capacities shall be considered to be paid work time. In addition, no bargaining unit employee who
has served as an advisor or representative shall be subject to discrimination
or retaliation because of such activities.
16.2(h) Expenditure of
Funds. The Company will provide
the necessary funds in support of the IAM/Boeing Health & Safety
Institute’s activities and such other health and safety related expenses as may
be agreed to by the Governing Board. The
details of such funding are described in the parties’ Letter of Understanding
No. 18, entitled Expenditure of Funds Under Article 16
and Article 20.
16.2(i) Indemnity. The Company shall indemnify and hold the
The
16.4(a) The Company will furnish proper, modern and sanitary safety
devices (except eyeglasses ground and fitted to individual requirements) for
all employees working on potentially hazardous work. It shall be mandatory for all employees to
use such devices when the Company determines that they are necessary. The Company shall replace any Company
approved employee provided prescription safety glasses or approved safety shoes
accidentally and irreparably damaged while performing their job assignment if
the employee's own negligence or lack of care was not a primary factor.
16.4(b) The
The Health and Safety
Institute Site Committees shall work closely with employees and management to
find solutions to health and safety issues and concerns. To that end, the parties agree that the
preferred process for addressing the health and safety matters is the SHEAR process. SHEARs are a tool that formally allows the
employee, manager, SHEA, HSI, and other parties, as needed, to work together to
resolve health and safety concerns and document the solutions. Further, it is the intent of the parties to
immediately resolve safety-related problems at the location where the safety or
health concern arises; therefore, the parties encourage the appropriate
management and the Union Steward to be an integral part of the resolution
process. A copy of the closed SHEAR form
shall be furnished to the chairperson of the appropriate Site Committee and the
safety office.
In the interest of continued health and safety
of individuals and their fellow employees, any applicant for employment, any
employee returning from layoff or leave of absence, any employee requesting
return from disability retirement or medical layoff, any employee with a
medical recommendation, or any other active employee may be required by the
Company to undergo a medical examination by a Health Care Provider of the
Company’s selection. Applicants and
employees will be furnished a copy of the Health Care Provider’s report and/or
medical recommendation upon their request.
If an employee is found to be incapable of performing the work functions
of the job title because of a medical recommendation, the Company will attempt
to place such employee in available work which, in the opinion of the Company,
he/she is medically capable of performing.
In the event that reassignment to a lower labor grade, denial of
promotion, denial of return to active employment, involuntary separation from
the payroll or other adverse action results from the Company’s finding of
medical disqualification, the Union may take such finding through the regular
grievance channels; and such grievance, in order to be processed, (a) must be
supported by medical testimony which is contradictory to the Company’s findings
and (b) must be filed by the business representative with the designated
representative of the Company within seven (7) workdays after the date of such
reassignment to a lower labor grade, such denial of promotion, such denial of
return to active employment, such involuntary separation from the payroll or
such other adverse action.
16.7(a) The Company will maintain registered nurses or qualified first
aid attendants, emergency first aid stations, and emergency first aid service
to care for employees in case of accidental injuries at the Seattle-Renton,
16.7(b) The Company will maintain emergency first aid service at other
locations unless such service is available from military or other sources.
16.7(c) When an employee at work requires immediate medical attention by
a private medical practitioner or at a hospital due to an industrial
injury/illness or exposure to hazardous agents in the work environment, and the
employee is not able to provide his/her own transportation, the Company will
provide the transportation to and from the employee's normal work
location. If such an employee is
returned to his/her work location too late to use his/her normal transportation
home, the Company will provide that transportation.
Section 16.8 Medical Recommendations.
16.8(a) A medical recommendation is a description of an employee’s
functional capabilities (i.e. physical or cognitive abilities) which are
limited due to a medical condition.
Medical recommendations are issued by the Company Health Care Provider
based on a review of relevant information, including information from the
employee’s community Health Care Provider when available.
16.8(b) An employee who may need a new medical recommendation or the
removal of a current medical recommendation, shall have the responsibility to
report to the nearest Company medical clinic or dispensary and provide the
following information, as applicable:
16.8(b)(1) Upon the employee’s
return to work, the employee’s community Health Care Provider’s statement
including the date the employee is released to return to work, and the
employee’s functional capabilities;
16.8(b)(2) To report for
re-evaluation when the period of a time-limited medical recommendation has
elapsed, with a statement from the employee’s community Health Care Provider
regarding the functional capabilities if available;
16.8(b)(3) A statement by the
employee’s community Health Care Provider pertaining to his/her medical
condition, or change to such condition, including a statement of the employee’s
functional capacities.
If the Company’s Health
Care Provider agrees that the medical condition of the employee warrants the
initiation, removal or modification of a medical recommendation, such action
will be taken. A medical recommendation
will be removed when the medical recommendation expires, or is discontinued by
the Company’s Health Care Provider.
With
respect to employees who suffer an injury or illness on or after November 22,
1989:
16.9(a) An employee who is unable to perform his/her job because of
injury or illness may be reclassified to another job title that he/she is
qualified and able to perform subject to the employee's medical recommendations
or shall be reclassified to a job in which he/she has established surplus rights
(Category A, downgrade, and reclassification) in Article 22 subject to the
employee’s medical recommendation.
16.9(b) Employees whose initial reclassification under Section
16.9(a) is to a lower-graded job shall receive the rate of pay for the job he/she
would have held under Article 22 but for an industrial injury or illness,
subject to the maximum of the labor grade he/she held immediately prior to the
reclassification. This pay rate
protection shall begin on the date when (1) the employee is reclassified to a
lower-graded job, or (2) the employee's workers’ compensation claim is either
accepted by the Company or determined by the State to be compensable and shall
end five (5) years later or at the employee's return to his/her former job or
labor grade, if earlier. In the case of
items (1) and (2), pay protection will begin on the latter of the two (2)
dates.
16.9(c) Employees on a leave of absence that was granted due to
injury or illness shall be considered for placement pursuant to Articles 15 and
22. If suitable placement is identified,
the employee shall, no later than the next work day following the day he/she is
cleared to return to work by the Company or its agents, be returned to work or
be considered to be on report time under Section 6.9 if he/she reports to work
until he/she is so returned.
16.9(d) If the employee requires medical care for the injury or
illness and if such care unavoidably occurs during working hours, any such
absence shall be excused with no attendance infraction.
Section 16.10 Union Liability to Employees.
Nothing contained in this Article 16 shall be
construed to create or give rise to a claim by a member of the bargaining units
that the Union acted wrongfully or failed to take action with respect to any
alleged breach of contract by the
Section 16.11 Disputes.
Disputes
concerning the Health and Safety Institute or its operations may be referred to
the Governing Board for final resolution.
No matter involving Sections 16.1 through 16.5 shall be subject to the
grievance and arbitration procedure of Article 19 of this Agreement.