The and safety and
environmental care throughout the plants of the Company. Both parties commit to work together to
create an environment which promotes a positive approach to processes,
attitudes and activities that bring about the changes necessary to achieve a
workplace free of incidents, accidents and injuries, and that protects the environment. It is our intent that no employee shall be
required to perform work that involves an imminent danger to health or physical
safety. Both parties will continue to
establish proactive, customer-driven programs and systems to support this
mutual objective.
16.1(a) Health and
Safety in the Workplace. The and safe
and
environmentally responsible workplace. Both parties agree that all employees should
be actively involved in creating a safe workplace and complying with all
applicable safety, and health and
environmental policies and
procedures. Both parties recognize that
good physical health and being prepared to do physical work may reduce
injuries. Together, the parties will
explore methods to promote health programs.
16.1(b) The and safe and
environmentally responsible workplace for all employees;
therefore, no employee shall be required to perform work that involves imminent
danger to their health or physical safety.
Imminent danger is defined as loss of life or limb.
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.
16.2(a) Purpose. 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(ab) 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(bc) 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(cd) 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(de) Site
Committees.
16.2(de)(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) an equal
number of representatives from each of the parties, one of whom
shall be the SHEA EHS safety
manager for that site and one of whom shall be an HSI Administrator from each
of the parties. TWhen
agreed, the appropriate Directing Business Representative will
appoint Union representatives to the Site Committees. as
authorized by the Governing Board. The parties agree that in order to allow
broader employee involvement in the area of employee health and safety,
appointed representatives (with the exception of the
Union’s health and safety focal point, the EHS safety manager and the HSI
Administrators) will serve no longer than two consecutive years on a site
committee. In rare cases, terms may be
extended for up to one additional year through agreement of both parties’ Joint
Programs Executive Directors. 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(de)(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 EHS 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. Site Committees
may
tour work areas upon request by their customers or Joint Programs
Administrators. Assistance with
resolving previously identified hazards will be the focus of the committee’s tour
activity. Site Committee members may be
assigned to support a business unit or an airplane program customer by Joint
Programs Administrators. This activity
may include participation on the customer’s Safety Activity Teams, Employee
Involvement Teams, monthly crew safety meetings, and safety leadership meetings
to find solutions to health and safety issues and concerns. . 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 minimum training as determined by HSI within 90
days of an appointment to a site committee.
Additional training may be required in support of
individual site requirements.
16.2(ef) Hazard
Communication Team. The Hazard Communication Team shall consist
of equal numbers of representatives of each party: team members will be from Puget Sound, SHEA EHS and other
appropriate organizations, and at least one (1) administrative staff
member. The Team shall meet at least
monthly and shall select from among its members a chairperson and secretary who
shall serve a half-year term. The chair
and secretary shall rotate between the parties.
The Team shall be under the direction of the Governing Board as
coordinated by the administrative staff, and shall be responsible for reviewing
the occupational health and safety effects resulting from changes in machines,
processes or materials, staying current with Company/industry manufacturing
trends and providing information and communications to employees. To enhance
the communication between various health and safety activities, the chair and
secretary of the Hazard Communication Team will provide a monthly report to the
Joint Health and Safety Communication Committee.
16.2(fg) 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(fg)(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(fg)(2) Shop
Safety Monitors/Focals. The SHEA EHS,
Union Stewards and Site Committee members provides to requesting organizations
a shop safety monitor/focal selection process and training plan.
16.2(gf)(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 with concurrence of the SMEs home organization. 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 home organization.
16.2(gh) 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 with concurrence of their home
organization. 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(hi) 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(ij) Indemnity.
The Company shall indemnify and hold the
The , Health & Safety Institute Union
administrative staff or appropriate delegate as 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.
Section 16.6 Disputes.
Disputes concerning the
Health and Safety Institute or its operations may be referred by the
Joint Programs Executive Directors 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.
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.
16.87(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-RentonPuget Sound,
16.87(b) The Company will maintain
emergency first aid service at other locations unless such service is available
from military or other sources.
16.87(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
16.98 Medical Recommendations.
16.98(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.
16.98(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:
16.98(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;
16.98(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;
16.98(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:
16.109(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.
16.109(b) Employees whose initial
reclassification under Section 16.109(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.
16.109(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.
16.109(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
16.110 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.
By:___________________________ By:________________________
Date: _________________________ Date:______________________