ARTICLE 24
Safety and Health
SECTION 1. This Article applies only to NOAA workplaces.
SECTION 2. A. Management will provide a safe and healthy work environment for employees. Management will comply with all applicable requirements for the abatement of unsafe and unhealthful conditions, including inspection and reporting requirements.
B. If an employee has reason to believe that an unsafe or unhealthful condition exists or may exist at his or her workplace, then that employee shall notify his or her supervisor and the Union immediately. Management will refer the complaint to the appropriate individual or office for investigation and, if necessary, correction, and shall notify the Union when such referral has been made.
C. In this Article, "notify" and "notification" mean, where time permits, written notification. Where time does not permit, notification may be made in person or by telephone call. Oral notification shall be memorialized in writing (e-mail is acceptable) within 5 days. Notification under this Article does not relieve Management of its obligations under Article 11 .
D. Within 10 days after referral, as provided in Section 1.B. above, or within 10 days of having knowledge of an existing or potential unsafe or unhealthful condition that would affect employees, Management shall make best efforts to provide to the Union a description of the unsafe or unhealthful condition and its cause(s), identification of affected employees, the location of the problem, a summary of steps being taken in the interim to protect employees from being injured by the unsafe or unhealthful working conditions, a description of the actual or proposed remedy, the basis for such remedy, the proposed schedule for corrective action, and the proposed followup schedule, and to supplement this information in order to keep it correct and current. This information will be provided in writing or by such other means of communication as the parties may agree. In case of an emergency requiring immediate corrective action, Management shall provide this information to the Union within 10 days after the corrective action begins.
SECTION 3. When an employee believes that his or her health has been adversely affected by conditions in the workplace, that employee will provide medical documentation to Management. When, in Management's judgment (taking into account medical documentation submitted by the employee), it becomes necessary to remove an employee from a work area because of conditions or practices in the work area that pose a threat to the employee's health or physical safety, Management agrees to consider all reasonable options to provide the employee with an alternative work site, including off-site locations.
SECTION 4. When Management becomes aware of a possible violation of any health or safety standards in the workplace that may pose a threat to an employee's health or physical safety, Management shall immediately notify both the Union and the affected employee(s) of the violation.
SECTION 5. Management agrees to assure that no employee will be subject to restraint, interference, coercion, discrimination, or reprisal for filing a report of an unsafe or unhealthful working condition, or other participation in agency occupational safety and health program activities, or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by 29 U.S.C. 668 , Executive Order 12196, or 29 C.F.R. Part 1960 .
SECTION 6.
A. Employees are required to report immediately to their supervisors any accident or injury, major or minor, that occurs on the job. When an employee becomes ill or injured in the performance of his or her duty, the employee must advise the supervisor as soon as possible. In cases where the employee is medically unable to contact his or her supervisor, a family member or representative may provide the required notification.
B. Management will inform any employee injured on the job of the procedures for filing a claim for benefits under the Federal Employees Compensation Act or will direct the employee to the person or office that can provide such information.
C. Copies of accident and injury report forms generated by Management will be provided to the local Union steward.
SECTION 7.
A. To the extent that Management has control of the situation, Management will seek to minimize construction or space modifications undertaken during working hours that are likely to result in the presence of dust, fumes, odors, toxins, or levels of noise so as to make the occupied work areas uninhabitable.
B. If Management is aware that paint, pesticides, glues or other chemicals or substances are to be used in buildings, or that conditions may exist in a building that may adversely affect employees' work areas or health, Management will provide as much advance notice as possible to the Union and to the affected employees.
C. If an employee's supervisor or other authorized individual determines that such construction, space modification, use of paint, pesticides, glues or other chemicals or substances, or the existence of other condition[s], substantially interferes with or may substantially interfere with an employee's ability to perform work-related responsibilities, the supervisor shall provide alternative work space for the employee.
SECTION 8. When an employee who suffers a job-related injury or illness goes to a medical facility for treatment, Management will accept a written determination made by a competent medical authority at the facility as to the diagnosis, any prognosis, and whether the employee is able to work.
SECTION 9. NOAA GC offices will comply with Executive Order 13058 (August 9, 1997) on a smoke-free environment.
SECTION 10. Management will provide a copy of the Agency's occupational safety and health program, and a copy of applicable safety and health standards, to the Union as required by 29 C.F.R. Section 1960.12 (a) .
SECTION 11. A Union steward or his or her designee shall be given an opportunity to accompany safety and health inspectors during a physical inspection of any NOAA GC workplace, as required by 29 C.F.R. Section 1960.27(a) .
SECTION 12. Upon the request of either Management or the Union, Safety and Health Committee(s) may be formed to address safety and health concerns related to NOAA GC workplace(s). Management and the Union will each designate one representative to the committee(s). The names of the representatives will be publicized to the employees and to the appropriate officials.
SECTION 13. Upon request from an employee, Management will provide a lock for the door of the employee's individual workspace. A copy of the key for that lock must be maintained in the NOAA GC office so that an employee's co-workers or supervisor will have access to the employee's workspace for work-related reasons. For an employee in a cubicle or an open space office arrangement, Management will provide a lockable cabinet or file upon request.
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