Bargaining Language:
Worker and Union Rights

This page includes sample contract language taken from actual collective bargaining agreements to address or reinforce core worker and union rights in the contract. Use the index on the right to scroll through a list of the topics included.

(NOTE: The 2024 update on this section is in process, and new language will be added on an ongoing basis.)

Employers’ Responsibility for Health and Safety

What is the employer’s responsibility to provide a safe workplace? The federal Occupational Safety and Health Act gives employers a broad responsibility: each employer must “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.” This is called OSHA’s “general duty clause.” (The clause is found in the United States Code, title 29, section 654(a)(1).)  Incorporating this clause by reference in the contract can give the parties a way to address all hazards, including those for which there is no specific regulation and any new hazards that emerge.

Most employers must comply with federal OSHA standards or with state standards if they are in a state that operates its own OSHA plan. (Federal laws are published in a series of volumes called the United States Code. The requirements above are found in the United States Code, title 29, section 667(c)(2).) In some cases, employers must follow additional workplace health and safety requirements of other federal and state agencies or of city and county governments. 

Instead of including the detailed wording of all these standards and regulations in the contract, unions often incorporate them by reference. Many unions include a provision in the contract that the employer will comply with “all applicable laws, standards, and regulations.” This allows the union to use the grievance procedure and other labor-management mechanisms to enforce government requirements. Then, if the employer does not fulfill its responsibilities, the union does not have to rely solely on OSHA or another government agency to correct the problem.

Some contracts explicitly state that OSHA and other health and safety standards will be considered as minimum requirements. This can encourage labor and management to go beyond the standards and agree to more protective measures. 

Although unions should negotiate for strong contract provisions, they should not take on the employer’s responsibilities and potential liabilities. The contract should confirm that the employer is solely and exclusively responsible for ensuring a safe and healthy workplace. Clauses describing the union’s rights should be worded carefully to avoid imposing unnecessary obligations on the union. In practice, this often means using the word “may” to describe the union’s rights, rather than “shall” or “must.” 

The union can also negotiate specific language to confirm that it is not liable for injuries or illnesses and that the employer will indemnify (reimburse) the union for losses in case the union is sued over an injury or illness.

Must Meet or Exceed All Legal Requirements

The Company will provide safe and healthful conditions of work for its Employees and will, at a minimum, comply with all applicable laws and regulations concerning the health and safety of Employees at work and the protection of the environment.

United Steelworkers and United States Steel Corporation, 2022

Consistent with applicable law and regulations, National Fire Codes and the National Building Code will be used throughout SSA and shall be considered minimum requirements.

American Federation of Government Employees and Social Security Administration, 2019

The Employer shall ensure that the Employer’s premises are in conformity with federal, state, and local health and safety laws and regulations. The Employer shall make every effort to ensure optimum working conditions.

The News Media Guild and Guardian News Media, LLC, 2020-2024

The employer shall provide safe and healthful conditions of work for its employees, and shall comply with all applicable laws and regulations concerning the health and safety of employees at work, and the health of the environment.

United Steelworkers and Safety-Kleen, 2023

Must Have a Safety Program

The Employers will maintain, direct and administer an adequate accident prevention program in keeping with changing conditions in the industry.

International Longshore and Warehouse Union Local 75 and Pacific Maritime Association, 2019-2022

It will be the responsibility of the Employer to establish and maintain an occupational safety and health program in accordance with Section 19 of the Occupational Safety and Health Act, Executive Order 12196, and the Basic Program Elements for Federal Employee Occupational Safety and Health Programs (29 CFR 1960).

American Federal Government Employees and General Service Agency, 2011

Must Correct Unsafe Conditions

Working conditions which are injurious to the health or safety of the employees shall be directed to the attention of the Employer, at which time the Employer shall immediately investigate the alleged condition, shall meet with representatives of the Union to discuss the alleged condition, and shall immediately take the necessary steps and measures to correct such condition.

United Food and Commercial Workers (UFCW) Local 5 and Lucky Stores, 2021-2024

The Employer agrees to promptly investigate all hazards, unsafe conditions and accidents brought to its attention and to promptly remedy all hazards and unsafe conditions its investigation reveals.

United Food and Commercial Workers (UFCW) Local 5 and CVS Pharmacy, 2021-2024

The Employer shall make every reasonable effort to promptly abate unsafe or unhealthy working conditions. Management will timely inform employees of efforts to abate unsafe or unhealthy working conditions.

American Federal Government Employees and Social Security Adminstration, 2019

Employer Solely Responsible for Safety; Union Doesn’t Share Responsibility

The Employer agrees that it alone bears the responsibility for providing a safe and healthy workplace, and that nothing in this Agreement suggests that the Union has undertaken or assumed any part of that responsibility.

United Food and Commercial Workers Model Language, 2023

It is recognized that the Company has the exclusive responsibility to provide a safe and healthful workplace and conditions of employment.

International Brotherhood of Electrical Workers Local 1547 and Alaska Communications Systems Holdings, 2018-2023

Union Not Liable

Nothing in the Agreement or its Supplements relating to health, safety, or training rules or regulations shall create or be construed to create any liability or responsibility on behalf of the Union for any injury or accident to any employee or any person nor does the Union assume any such liability or responsibility.

The Employer will not commence legal action against the Union, on a subrogation theory, contribution theory, or otherwise, as a result of the Union negotiation of safety standards contained in this Agreement or failure to properly investigate or follow-up Employer compliance with those safety standards.

International Brotherhood of Teamsters and United Parcel Service, 2023-2028

The Company shall indemnify and hold the Union and its representatives harmless from and against any and all claims, demands, charges, complaints or suits against them which are based on or arise out of any action taken by them in accordance with the foregoing provisions of this Section 16.2.

International Association of Machinists and The Boeing Company, 2008

Indemnification

The Company shall indemnify and hold the Union and its representatives harmless from and against any and all claims, demands, charges, complaints, or suits against them which are based on or arise out of any action taken by them in accordance with the foregoing provisions of this Section . . .

IAMAW and Boeing, December 1995

Union “May” Act, Not “Shall”

Whenever any government agency sends a representative to the plant to discuss or investigate matters related to safety and health, the union may select someone to accompany the government representative. If the union representative is an employee, he or she shall receive normal pay for the time.

Teamsters Model Language

Any safety steward or committee member may bring problems to the attention of management. The employer will within hours provide a written response indicating whether the employer agrees that the problem exists. If so, the employer’s response will indicate how the employer plans to correct the problem and by when.

Teamsters Model Language

Union Participation

Labor-management contracts often describe how the employer and union will work together to create effective health and safety programs, policies, rules, and standards.

For example, language may be included that answers these questions: Will the employer recognize union health and safety representatives? Will there be a joint labor-management committee? How will joint health and safety activities be funded? What health and safety information must the employer provide to the union? Can the union participate in, or conduct its own, health and safety inspections, tests, and studies? Will there be a mechanism for ongoing health and safety negotiations between the parties to address new issues that arise, such as the introduction of new technology or other changes in the workplace?

Recognition by Employer

Unions and employers work together on health and safety matters in different ways, depending on their relationship. The contract may spell out the details of this relationship.

Many contracts include a general statement that the employer will work with the union to develop effective policies and programs in health and safety.

Such clauses are useful, provided that the contract clearly affirms the employer’s exclusive responsibility to ensure a safe workplace.

Unions can also negotiate for recognition of union health and safety representatives or union-based health and safety committees. Some contracts also provide for employer support of special union activities to promote safety or environmental awareness.

Recognition of Union’s Role

The Company recognizes its obligations and responsibilities to provide a safe and healthful working environment for its employees. The Company is proud of its past accomplishments in this area and is committed to continue to work closely with the Union in developing and implementing health, safety and ergonomic programs that could be a model for use throughout the industry.

UAW Local 2244 and New United Motor Manufacturing, Inc., 1998

Paid Time for Union Health and Safety Representatives

The Company and the Union agree to establish a system of worker safety representatives. . . . Each worker safety representative will be appointed as the Certified Member and Co-Chairman for each Operation Safety, Health and Environment Committee in his Work Location. . . . Worker safety representatives will . . . be appointed, removed and replaced by the Local Union from among the employees working in the Work Locations set out in Schedule ‘J.’ Upon completion of his appointment he will return to his regular job which will have been posted as a limited job for the period of his absence. . . .Worker safety representatives will . . . be paid at the equivalent of the wage rate for the Maintenance Electrician or at the rate of his regular occupational classification, whichever is greater . . . and will be supervised by the Local Union and the manager, or his designated superintendent, responsible for part or all of his Work Location.

USWA Local 6500 and INCO Limited, 1997

The Company recognizes a Union Health and Safety Representative for the following locations . . . appointed by the UAW International Union.

In the manufacturing locations (Hagerstown, Allentown/Macungie, and Winnsboro), this will be a full-time position . . . and the Union Health and Safety Representative will be responsible for the administration of Health and Safety Programs for all Union represented employees in their respective Local.

UAW and Mack Truck, 1993

The [union health and safety representative] will be paid $1.00 above the Unit Operator-36 Months hourly rate when assigned to a job pursuant to this agreement.

OCAW Local 1-5 and Shell Martinez Refining Company, 1996-present

To support those joint (health, safety, and ergonomic) programs, the Company recognizes that the Union General Representatives in Health and Safety and Ergonomics and the UAW Coordinator for Health, Safety and Ergonomics will participate in every aspect of such programs.

UAW Local 2244 and New United Motor Manufacturing, Inc., 1998

Union Committees

The company shall provide the union Health, Safety and Environment Committee with . . . an office with a filing cabinet, a desk, two chairs, a telephone, a CD player or access to the Canadian Centre for Occupational Health and Safety (CCOHS) to receive information either by computer or by CD-ROM kept current by subscription. When the access to the CCOHS by computer or CD-ROM is secured, the company shall ensure that training is provided to all members of the union Committee.

The union Health, Safety and Environment Committee shall meet for at least two hours a week without the company members.

Canadian Auto Workers, Model Language

Support for Special Union Activities

National Day of Mourning . . . Each year on April 28 at 11:00 a.m., work will stop and one minute of silence will be observed in memory of workers killed or injured on the job.

Canadian Auto Workers, Model Language

The Company shall institute and maintain all precautions to guarantee every worker a safe and healthy workplace and to protect the environment outside the workplace. . . . Each month the company shall pay the equivalent of a minute’s pay for each employee into the union’s environmental fund to be used by the National Union for environmental purposes.

Canadian Auto Workers, Model Language

Joint Labor-Management Activities

Many contracts set up a framework for ongoing joint labor-management health and safety activities. Probably the most common is the joint health and safety committee.

Joint committees can be formed at the national, local, or worksite level. Sometimes committees are established to address specific hazards of particular concern, such as automation, ergonomics, or workplace violence. Contracts recognize the authority of these joint committees to investigate and report health and safety concerns to management. Some unions have expanded the authority of joint committees by negotiating “partnership” and “involvement” programs where bargaining can occur through the committee on issues not addressed during contract talks.

Some unions negotiate separate training for union members of the joint committee, conducted by trainers of the union’s choice. Contracts may also include guidelines for the structure and functioning of the joint committee. For example, there may be a joint chair or rotating chair structure, with specific duties of the chair, composition of the committee, and committee process spelled out. The contract should specify that union members are on paid time when engaged in the work of the committee.

Joint committees and “partnership” programs sometimes can be chiefly cosmetic with little power, or are so dominated by the employer that they are ineffective. Union members of any committee, therefore, should be clear about the union’s agenda and approaches in dealing with management. Unions should also maintain an effective presence by having at least 50% representation on all committees. It should be agreed that the union representative(s) are welcome at any or all meetings. Separate records and notes of meetings and other committee activities should be kept by the union. It is also useful if the contract expresses a commitment that committee recommendations for change will be implemented.

Employers are not permitted to establish “employer-dominated” committees to bargain over health and safety or other working conditions. This would “bypass the union,” in violation of the National Labor Relations Act. (These statements of law are found in a case decided by the U.S. Court of Appeals called Electromation, Inc. versus NLRB, and in a case decided by the National Labor Relations Board called E. I. DuPont de Nemours & Co.)

Labor-Management Joint Committees

The Parties shall maintain occupational safety and health committees at the national, regional, and establishment levels . . . Written minutes of each meeting will be maintained and distributed to each committee member and made available to employees upon request.

AFGE and U.S. General Services Administration, 1990

To make effective the above statements and promote on the job accident prevention, employer-employee committees will be established in each port. These committees will consist of equal numbers of employer and employee representatives at the job level. Each category of employees should be represented. Employers’ representatives should be from the supervisory level. The purpose of the committees will be to obtain the interest of the men in accident prevention by making them realize that they have a part in the program, to direct their attention to the real causes of accidents and provide a means for making practical use of the intimate knowledge of working conditions and practices of the men on the job. It is further intended that this program will produce mutually practical and effective recommendations regarding corrections of accident-producing circumstances and conditions.

ILWU and Pacific Maritime Association, 1993-96

There shall be . . . a Joint Health and Safety Committee consisting of equal representation from the Company and the Union. A minimum of three (3) committee members shall be appointed by the Company from among its employees and a minimum of three (3) committee members shall be appointed by the Union from among its members.

Chairman-Secretary. The positions of Chairman and Secretary of the Committee will be filled from among designated Committee members by agreement of the Company and the Union. Disputes arising over the filling of Chairman-Secretary positions will be resolved by rotating the positions between Company and Union Committee members on a basis determined by the Committee.

The Chairman will efficiently manage the business of Committee meetings in accordance with accepted rules of order and schedule meetings in accordance with the provisions of this article.

The Secretary will prepare for each meeting minutes and agendas, and distribute those items to the Committee members in advance (normally a minimum of one week) of each regular scheduled meeting.

Purpose of the Committee. The purpose of the Committee as herein agreed by the Company and the Union is to (i) further promote safety awareness and safe working conditions among all employees and supervisors; (ii) attempt to resolve issues in dispute and make recommendations with respect to additions or revisions in safety rules in the event a review of rules change is requested by the Union; (iii) review and discuss occupational accidents or hazards and make recommendations to management concerning what hazards should be abated, safety practices that should be implemented or changed, and the appropriate compliance methods relating to safety and health standards; and (iv) to foster awareness of non-occupational and home safety for all employees.

Meetings. The Joint Health and Safety Committee shall regularly meet quarterly (normally on the first Wednesday) in the months of February, May, August, and November, unless it is mutually agreed in writing to schedule any such meeting on a different date or cancel it. In addition to the regular meetings the Committee shall also meet on a mutually convenient date at the request of any three (3) Committee members.

Agenda. The Committee members, the Company, or the Union may submit items for discussion to the Committee Secretary at least two (2) weeks (14 days) prior to any scheduled meeting date. Items so submitted will comply with the purpose of the Committee as stated above and will be listed on the agenda prepared by the Secretary. Additional agenda items will be considered by the Committee when pursuant to the purpose of the Committee.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

A Plant Health and Safety Committee will be established to provide overall direction and leadership. The committee will be made up of three union members, selected by the local union and three management members selected by the Plant Manager. The shop committee chairperson and the plant manager will Co-chair the committee. The committee will meet on a regular basis and minutes of the meetings will be kept . . .

The responsibilities of the committee will include but not be limited to:

• Review of injuries and illnesses to identify cause(s) and prevention.
• Review of changes in shop rules governing safety.
• Discussion of the Health and Safety Complaint Procedure.
• Participation during inspections conducted by the Government or International Union Representatives.
• Participation in the review of hazardous materials prior to their use in the plant.
• Review and analysis of OSHA 101 and 200 forms and medical visit data.
• Review of layout changes, machine modifications, and new equipment and machinery to ensure that appropriate health and safety considerations have been addressed.
• Conducting regular inspections, documenting deficiencies, and following up on corrective action.
• Developing and evaluating programs such as Fall Prevention, Noise Abatement, Ergonomics, Toxic Material Reduction, Preventive Maintenance, Lockout, etc.
• Presenting problem areas and suggestions to the Plant Manager’s operating staff.
• Reviewing new standards and regulations and recommending appropriate changes in the work environment and plant procedures.
• Monitoring compliance with government standards.
• Taking an active role in reviewing, recommending, and presenting local safety education and information programs and employee job- related safety training (e.g., hazard communication, lockout, confined space, new employee orientation, apprentice safety, etc.)
• Taking noise measurements, air contaminant and air flow readings using company supplied noise meters, dosimeters, smoke tubes, detector tubes, velometers, etc.

UAW Model Health and Safety Contract Language, 1998

1. The parties agree to establish a joint Union Management Safety and Health Committee. The Union and the Employer will each appoint an equal number of the members of the Safety and Health Committee.
2. The Employer in coordination with the Union will conduct one day of mutually‑acceptable health and safety training for the Safety and Health Committee members.
3. The Committee will review injuries and illnesses and identify causes and prevention; observe, inspect and propose changes in the workplace and in safety rules; participate in government health and safety inspections; participate in the review of hazardous materials prior to their use in the facility; review OSHA 300 logs and 301 forms; review layout changes, machine modifications and new equipment and machinery; participate in the development of health and safety programs; bring health and safety problems to the Employer’s attention; recommend changes in the work environment and  procedures; and  review, recommend changes  and participate in safety education and training.
4. Every month, the Employer will furnish the Safety and Health Committee with copies of all records of air and noise monitoring, a list of hazardous chemicals used in the facility, Material Safety Data Sheets, OSHA 300 logs, and all reports, surveys, studies, inspections and measurements of worker exposure actual or potential toxic materials, harmful physical agents and injuries or illnesses.
5. The Safety and Health Committee will hold meetings as often as necessary, but not less than once each month. All meetings will be held during normally scheduled working hours.
6. The Employer will promptly notify the Union‑designated Committee members of any accident resulting in injury. The Employer agrees that any Union‑appointed Committee member may be involved with the Employer’s investigation of accidents, hazards or unsafe conditions.
7. The Employer agrees to permit Committee members to inspect facility conditions and bring any hazards or unsafe conditions to the Employer’s attention. The Employer agrees to correct any hazards or unsafe conditions Committee members bring to its attention as soon as possible.
8. The Employer will pay employee Committee members for time lost while acting as Committee members. The Employer will also pay lost time, amounting to one day per year, for Committee members to attend safety and health training.

UFCW Model Language, 2023

Paid Time and Training

Union members of the committee will be paid for time spent carrying out the duties of the committee.

UAW Model Health and Safety Contract Language, 1998

Employees on the above committees/council will be provided necessary training to discharge their role on the committee/council and will be on official time while performing authorized committee/council functions (including, when necessary, reasonable time to prepare for meetings) if otherwise in a duty status.

AFGE and U.S. Marine Corps, 1994

The employee representative or the alternate and any employee who appears before the [Safety] Committee . . . shall not suffer loss of pay for attendance before the Committee. However, it is expressly understood that

all employees required to appear before the Committee shall immediately report back to their jobs following their testimony.

AFSCME Local 1229 and Edwin Shaw Hospital, 1993-96

SSA will pay for all travel and per diem expenses incurred by Union members of health and safety committees . . .

AFGE and Social Security Administration, 1996

Union representatives on safety committees shall receive the same safety training opportunities as other committee members as a result of their membership on the committee.

AFGE and U.S. Environmental Protection Agency, 1994

Members of the Safety Committee will receive appropriate health and safety and ergonomics training in areas such as: Accident Investigation, Noise Control, Machine Guarding, Lockout, Confined Space Entry, Toxicology, Industrial Hygiene, Ergonomics, Fall Prevention, Ventilation, and Review of New Equipment. The Co-Chairs of the Safety Committee will select and schedule at least two (2) training sessions per year. The Company will cover expenses associated with this training.

UAW Model Health and Safety Contract Language, 1998

Funds for Health and Safety Joint Activities

Subject to the agreement of the [Joint Health and Safety Committee] and the availability of funding . . . specific activities of the Committee shall include, but are not limited to, the following . . . Development and implementation of a health and safety grants program to provide financial support to the activities of agency-level and local-level health and safety committees.

Public Employees Federation and State of New York, 1988-91

The responsibility of the Safety and the Ergonomics Committees will be to evaluate and make recommendations on all aspects of the Employer’s respective Safety and Ergonomics Programs, to include program adequacy, field implementation, studies for improving the work environment, training and unsafe conditions. To support this process the Employer shall establish a fund of $500,000 within ninety (90) days of the effective date of this Agreement. In January of 1997 and 1998 the Employer will replenish the fund to its original amount. The fund shall be supervised by the Joint National Labor-Management Safety Committee. Disbursement of the funds for any expenditures shall be authorized by the chairperson of the Committee.

APWU and U.S. Postal Service, 2021-2024, 1994-98

The IAM/Boeing Health and Safety Institute is established to address occupational health and safety issues which impact employees within the bargaining units. . .

Governing Board. The Institute shall be directed by a Governing Board consisting of four representatives of each party. The Union’s representatives shall be appointed in writing by the Union’s Corporate Coordinator. The Company’s representatives shall be appointed in writing by the Vice President of Union Relations. The Governing Board shall meet at least quarterly and shall select from among its members a chairman who shall serve a one year term. The chairmanship shall rotate between the parties. The Governing Board shall have overall responsibility for directing the Institute. . .

Administrative Staff. There shall be a full-time dedicated administrative staff consisting of three individuals named by each party, for a total of six. The staff shall perform such functions as determined by the Governing Board, including the day-to-day operations of the Institute. . .

Expenditure of Funds. The Company shall spend in each year four (4) cents for each bargaining unit compensated hour, but not less than four (4) million dollars per year, in support of the Institute’s activities. . .

Indemnity. The Company shall indemnify and hold the Union and its representatives harmless from and against any and all claims, demands, charges, complaints or suits against them which are based on or arise out of any action taken by them in accordance with the foregoing provisions of this Section . . .

IAMAW and Boeing, December 1995

The UAW-GM National Agreement provides for the establishment of a Joint Health and Safety Fund. The Company is obligated to contribute four cents for each hour a UAW member works in a General Motors Plant. The fund is jointly administered.

UAW Model Health and Safety Contract Language, 1998

The UAW-GM National Agreement provides four (4) million dollars for research, jointly selected and administered, during the life of the contract.

UAW Model Health and Safety Contract Language, 1998

Commitment to Action

All labor/management joint recommendations developed in the [Health and Safety Committee] shall be implemented in a timely manner by the affected department.

AFSCME Local 3999 (Council 18) and City of Santa Fe, New Mexico, 1995-97

The [Work Environment] Committee shall make recommendations in a written report to the Administration. The Administration shall respond in writing to the recommendations within thirty (30) days. The Committee shall work with the college president or his/her designee toward implementation of the committee’s recommendations, and, when necessary, through the appropriate shared governance procedures. Any violation of section A shall be corrected by the District in an expeditious manner with the exception of imminent hazards which shall be corrected immediately . . .

AFT Local 1521 and Los Angeles Community College District, 1998

If the majority of the committee agrees that the replacement or addition of equipment or a change in procedures will significantly improve employee safety or health, the employer shall not unreasonably deny the committee’s request for the improvement.

The Newspaper Guild-CWA, Model Contract, February 1998

Union Right to Health and Safety Information

Unions have the right to obtain certain health and safety information from the employer and from government agencies. Some unions have negotiated contract language that expands this right.

OSHA requires employers to give unions, upon request, reasonable access to employee exposure records, employee medical records (with the employee’s written consent), and reports or studies based on those records. (OSHA standards and regulations are published in a series of volumes called the Code of Federal Regulations. The requirement above is found in the Code of Federal Regulations, title 29, section 1910.1020.)

Employers must also provide access to annual records of job injuries and illnesses, contained in the Log and Summary of Occupational Injuries and Illnesses (OSHA Form 200), which nearly every employer is required to maintain. (See the Code of Federal Regulations, title 29, section 1904.2.)

OSHA’s hazard communication standard gives unions (and individual employees) the right to see material safety data sheets (MSDSs) that describe the hazards of specific chemicals used in the workplace. (See the Code of Federal Regulations, title 29, section 1910.1200.)

Also, the National Labor Relations Act requires the employer to provide information that the union needs to meet its bargaining obligations. This can include information about health and safety conditions. The employer’s duty to bargain is set forth in the United States Code, title 29, sections 158(a)(5) and 158(d). In 1985, a federal Court of Appeals held that as part of this duty, an employer was required to give the union access to the workplace for the purpose of measuring noise levels. This court decision is NLRB versus Holyoke Water Power Company. In 1986, the U.S. Supreme Court denied the employer’s request to review this decision, so the decision stands.

If information is not readily available from the employer, the union can often obtain employer-specific information from state or federal OSHA, county health departments, local fire departments, and other agencies. This information can include various types of inspection reports. Public right-to- know laws such as the federal Freedom of Information Act and state public records acts can be useful tools for obtaining such information.

The union may negotiate for additional rights involving health and safety information. For example, the union may seek contract language specifying that the employer will supply information within specific time limits. This can help avoid delays. Also, the union may negotiate the right to receive health and safety data not necessarily required by law, such as accident reports, chemical inventories, workers’ compensation records, and the results of employer investigations. The union may also seek the right to be notified about potential problems, to inspect the workplace, and to conduct independent or joint tests and studies of worker exposure.

Routine Information

Upon the written request of the International Union Health, Safety and Environment Department, the Company will furnish additional information in its possession which is relevant and material to an understanding of potential significant occupational safety or health hazards which are alleged to exist. Where such information constitutes a legitimate trade secret, the company may require the International Union to sign an agreement to use the information only for the purpose of hazard evaluation and control and to take reasonable precautions to assure its confidentiality. This provision does not create an obligation to release personal medical information without the written consent of the affected Employee.

USWA and Bethlehem Steel, 1993-99

Members of the [Plant Health and Safety Committee] will be provided access to information and data necessary to carry out their duties. Access will include but not be limited to: OSHA 101 and 200 forms, computerized illness and injury data, medical visit data, Material Safety Data Sheets, Industrial Hygiene Reports, layout and machinery drawings, photographs taken during accident investigations, hazardous waste information, environmental records, etc. If it is determined that an employee has a personal exposure exceeding the permissible level as set forth in 29 C.F.R. 1910.1000, Air Contaminants or other applicable standards adopted by the company the members of the Plant Health and Safety Committee will be informed.

UAW Model Health and Safety Contract Language, 1998

Consistent with the Privacy Act, the Employer will provide to the Union, on a monthly basis, information with regard to each accident which occurred during the monthly reporting period. The report will contain the following information:

• date and time of accident;
• location of accident;
• nature of the injury, if any; and
• cause of the accident, if known.

The Safety Officer shall also provide a monthly report of potential safety hazards identified in Office of Personnel Management facilities during the preceding month.

AFGE and U.S. Office of Personnel Management

The administration will annually provide all incident and accident figures required by [Health and Human Services] and OSHA to the appropriate Union component Health and Safety committees. These figures will be provided at the component level and will identify components and facilities. The Administration will also provide Agency-level workers’ compensation figures required by HHS and OSHA to the General Committee. The administration will make available, upon request, raw data (incident reports, workers’ compensation claims, etc.) at the regional office and headquarters component level.

AFGE and Social Security Administration, 1996

The Employer shall provide the joint committee with all information pertinent to safety and health in the workplace. This information will include:

• A list of all chemicals, by chemical name, which are used or produced at the workplace, updated by January 15 of each year;
• Notice of any new or additional chemicals, procedures, operations, products, and equipment being introduced into the workplace no less than thirty (30) days before their arrival or introduction; . . .
• Copies of all reports, surveys, inspections and measurements of worker exposure to actual or potential toxic materials and harmful physical agents.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

Notification of Problems

The Department shall post on all safety bulletin boards, with copies to the Union, any reports concerning the inspections which reveal hazardous conditions or toxic substances.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

When the Employer receives a report that a dangerous, unhealthful, or potentially dangerous or unhealthful condition is present at a particular worksite, the Employer shall notify the Health and Safety Committee or the local Union Health and Safety representative, as appropriate, of the alleged dangerous or unhealthful condition.

AFGE and Social Security Administration, 1996

Union May Inspect

When a health and safety inspection is conducted on the Employer’s premises, a Union representative will be notified in advance and permitted to accompany the inspection team.

AFGE and U.S. Environmental Protection Agency, 1994

A Local Union Officer or Safety Committee member shall be entitled to participate in any worksite safety inspections conducted by the Safety Committee or by State or Federal OSHA Inspectors without loss of pay.

Notice of such inspections or safety related inspections by other public officials shall be promptly given to the Local Union Presidents and to the Chairperson of the Safety Committee along with the written reports of results, if any.

To the extent practicable, State owned or leased worksites shall be inspected at least once per year. Such inspections for worksites in locations where there is no Local Safety Committee may be accomplished by a representative of the Appointing Authority and a representative of the Local Union stationed at that worksite.

AFSCME Council 6 and State of Minnesota, 1995-99

The Health and Safety Committee shall hold meetings as often as necessary, but not less than once each month at a regularly scheduled time and place. Prior to such monthly meetings the Employee Committee Members will be permitted two hours to conduct a walk through of the plant to identify employee safety concerns. Additional walk throughs shall be scheduled subject to such controls as the Committee may impose.

UFCW, Sample Safety and Health Contract Language, November 1997

Tests and Studies

Joint Studies: At either party’s request, a study may be initiated to review work stations, ergonomics of the jobs, and other health and safety issues in a particular department. Such a study shall be jointly designed by the parties and conducted by a mutually agreeable expert(s) in the area of occupational health issues. The cost for such a study shall either be equally borne by the parties or funded by other sources, such as foundations or other grants. All implementation issues and recommendations resulting from said study shall be resolved only by mutual agreement of the parties.

HERE Local 2 and San Francisco Multi-employer Hotel Group, 1999-2004

Union representatives on the Committee shall have the right to accompany government inspectors and employees, as well as company personnel, consultants and representatives engaged in safety or health-related inspections, surveys, monitoring or testing, and to make independent measurements of worker exposures to actual potential toxic materials and harmful physical agents . . .

Union representatives on the Committee shall have the right to use all employer safety and health testing equipment for the purpose of making an independent judgment concerning an alleged safety or health hazard.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

At least once each year, the parties will undertake an industrial hygiene survey in the plants performed by a certified industrial hygienist mutually acceptable to the Company and the Union, and whose fee shall be paid by the Company. A Company representative and a Union representative shall accompany such hygienist at all times during any on-site inspection activities. An unedited report of the survey shall be submitted in writing to the Company and the Union. At a mutually established time, subsequent to the receipt of reports, the Company and the Union will meet to review such reports and to consider the findings. The parties may conduct a second survey in any year by mutual agreement.

OCAW Local 8-149 and Barr Laboratories, 1996-2001

Management in conjunction with the Local Joint Health and Safety Committee will assess the need and where required, a facility will develop and implement an air sampling plan. Such plans should be reviewed and updated on an appropriately scheduled basis. Guidance in the preparation of such plans will be provided by the National Joint Committee. Based upon the air sampling plan, an hourly employee selected by the International Union, working under the technical supervision of a GM Industrial Hygienist, may assist in the collection of air samples. Job function key elements will be established by the National Joint Committee. Reports of industrial hygiene and noise measurement surveys will be provided to the Local Health and Safety Committee and the National Joint Committee.

UAW and General Motors, 1993

Each manufacturing facility will develop and implement an air sampling and noise exposure monitoring plan. The Local Union Safety Representative and the Management Safety Representative will identify the exposures to be monitored and the frequency and areas for measurements. The plan will be evaluated and updated annually.

UAW and Navistar, 1995

Each Local Safety Committee in a facility with a laundry and/or a kitchen shall perform a routine heat survey to check temperature, humidity, and exhaust and fan systems in the laundries and kitchens. The Employer agrees to coordinate technical assistance to the Local Safety Committee upon request.

AFSCME Council 6 and State of Minnesota, 1995-97

Protective Measures

Good health and safety practice dictates that engineering controls be used to reduce or eliminate hazards where feasible. For example, dangerous processes can be enclosed so they no longer present a hazard, or use of some toxic materials can be eliminated altogether.

Administrative controls are considered a second-choice line of defense. These can include scheduling less time doing hazardous work, requiring good work practices, and worker training.

Only if engineering and administrative controls are impossible, or if these controls cannot reduce hazards to safe levels, should employers require workers to use personal protective equipment (PPE). In fact, several OSHA standards require that PPE be used only as a last resort.

Unions may decide to negotiate contract language confirming that employers will first consider engineering and administrative controls before workers are required to use PPE.

If PPE is used, OSHA requires employers to give workers most items at no cost. This PPE may include safety glasses, coveralls, earplugs, respirators, and other gear. Some contracts go beyond OSHA requirements and provide workers with optional additional PPE at no cost or at a discount.

Some contracts also cover the employer’s obligation to have an emergency response plan, to provide first aid and other medical services in emergencies, and to maintain sanitary facilities.

Controlling Hazards

Engineering controls remove the source of the hazard by redesigning the process that creates the hazard, or by eliminating the hazard altogether from the workplace and the environment. Administrative controls reduce exposure through scheduling, work practices, and training.

One effective type of engineering control is a toxics-use reduction program. Under some contracts, employers are required to find alternatives to the use of toxic materials.

Many union contracts confirm and clarify the employer’s obligation to purchase and maintain personal protective equipment (PPE). Some contracts allow workers to purchase optional items (not required by law) at a discount. For example, these may include safety shoes or prescription eyewear.

Engineering Controls

Engineering controls shall be the method of choice in reducing cumulative trauma. Appropriate equipment will be made available to all workers. Available technologies shall be evaluated by the Health and Safety Committee. The Ergonomics Subcommittee shall identify, recommend and test engineering controls such as patient handling devices. During testing and evaluation, the Committee shall obtain and consider input from employees who perform the jobs being studied or evaluated. A regular program of maintenance and repairs shall be established to assure that all equipment continues to be available for use.

SEIU District 1199P and Mercy Health Care Center, 1997-99

When engineering controls are determined to be necessary, feasible administrative controls will be used as necessary to control ergonomic risk [during the period] before engineering controls are implemented. Administrative controls will not be used as a substitute for engineering controls.

UAW Local 2244 and New United Motor Manufacturing, Inc., 1998

Toxics-Use Reduction

Effective control of hazardous materials will serve to protect the employees . . . as well as the environment in the surrounding community. The company is committed to the continuous reduction in the use of hazardous materials. This will be accomplished through process changes and ongoing efforts to identify safer substitutes for materials currently in use. This program will be directed by the Plant Health and Safety Committee and is expected to reduce employee exposures and protect the environment. The Company is committed to purchase only those hazardous materials that have adequate Material Safety Data Sheets and labels. When reviewing Material Safety Data Sheets, the Company will confirm supplier provided health warnings through toxicology references. The Company is committed to proper labeling, as required by the standard, of all transfer containers used to carry hazardous materials and will make an ongoing effort to accomplish this.

UAW Model Health and Safety Contract Language, 1998

A program for the control of hazardous materials has been developed which requires that hazardous materials be evaluated and approved prior to use by the plant Hazardous Materials Control Committee. A Union Health and Safety Representative will be a member of this committee which will meet on a regular basis and develop procedures for its operation.

UAW and Mitsubishi Manufacturing Motors of America, 1995

The company shall, in consultation with the Committee:

1. Ensure to the greatest extent possible the usage of substances in work processes which will eliminate or minimize harm to the employees and to the environment.
2. Evaluate all substances used or produced in the workplace to determine if a less hazardous substance can be substituted.
3. Where a less hazardous substance exists, use it in place of the more harmful substance.
4. If it is determined that a substance cannot be replaced in a particular application by an existing less hazardous substitute, conduct scientific or technical research to develop less hazardous substances beginning with machining fluids and solvents.
5. While such research is being undertaken, completely enclose the work process where machining fluids are being used. This will reduce workers’ exposure to 0.2 mg/m3 in air, and allow no skin exposure.
6. All substances that cannot be substituted shall be evaluated and handled in the following manner in order of preference with the preferred method to be determined by the Committee:
   1. reused
   2. recycled
   3. disposed of in a manner to eliminate or minimize harm to the environment
   4. stored in an environmentally sound manner according to established regulations or guidelines.

Canadian Auto Workers, Model Language

Administrative Controls

Every employee actively working at a VDT terminal shall be required to take a fifteen (15) minute work break every hour away from the terminal to accomplish other work. Such breaks shall be in addition to regularly scheduled rest breaks. Employees shall not be required to operate VDT equipment fifteen (15) minutes before the end of his/her shift.

AFT Local 1521 and Los Angeles Community College District, 1998

The Employer agrees that all irregular or incompatible packages such as bars, buckets, exposed metal parts, tire rims, etc., shall be given special handling in accordance with UPS handling methods and local conditions.

IBT and United Parcel Service, 1997-2002

Personal Protective Equipment

The Employer shall provide all employees, at no cost to them, all personal protective equipment or devices to be used by them in connection with their work. All such equipment and devices shall be maintained by the Employer in good working order.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

The City agrees to provide personal safety equipment, including safety goggles, safety glasses, safety shields, ear protection, vista vests, safety helmets and foot protection to all employees whose job duties necessitate this equipment. The City will continue to provide slicker boots, hip boots, rain pants, rain jackets and gloves and will also provide helmet liners and helmet chin straps to all employees whose job duties necessitate this equipment.

AFSCME Council 8, Local 100, and City of Cleveland, Ohio, March 1998

An employee regularly wearing prescription glasses shall be furnished prescription safety glasses by the Company, if the nature of his work requires such protection; however, prescription for such glasses shall be provided by the employee.

UFCW Local 538 and Oscar Mayer Foods Co., late 1970s

The City will provide a purchase program to its employees who because of the regular course of their work exposure require in its opinion use of safety shoes, or special soled shoes, and safety glasses. The purchase program shall make these items available to the employee at sixty percent (60%) of the cost of the item to the City with the remaining forty percent (40%) to be paid by the employee. However, when the City requires the use of safety shoes or special soled shoes, one hundred percent (100%) of the cost shall be borne by the City. A payroll deduction system will be established whereby the employee can authorize payment for items purchased under this program through the automatic deduction from the employee’s paycheck.

AFSCME Council 8 and City of Toledo, Ohio

Worker Information and Training

Many contracts address how the employer will inform and train its employees about hazards on the job.

Exposure and Medical Records

The contract may give individual union members certain rights to information. OSHA requires employers to provide employees, upon request, reasonable access to records of their exposures to toxic substances, their medical records, and reports or studies based on those records. (OSHA standards and regulations are published in a series of volumes called the Code of Federal Regulations. The requirement above is found in the Code of Federal Regulations, title 29, section 1910.1020.) Contracts may clarify these OSHA rights, give workers additional rights, or specify that the union itself may receive the same information.

Worker Access to Records

The Employer shall provide all employees with the chemical names of all chemicals present in the workplace and of the facts and levels of exposure of employees to any toxic substance or harmful physical agent or safety hazard. The Employer shall provide each employee with a complete and accurate report of his/her medical examinations, and any other medical tests, epidemiological studies, and industrial hygiene measurements of investigations related to the employee’s occupational exposure. These materials shall also be entered into the employee’s personal medical file. Employee medical files shall be available only to the employee, and to medical personnel subject to professional ethical confidentiality requirements who shall not disclose the contents thereof to any other officer, representative or employee of the company, or any other person. The Employer shall be responsible for maintaining the security and confidentiality of such files.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

The Company agrees that in the future, employees who are monitored will be informed of the monitoring results, regardless of the level of exposure, and a copy of the monitoring results will be included in their medical file.

UAW and Navistar, 1979

Training Programs

The federal OSHA hazard communication standard requires employers to give workers basic information and training on hazardous chemicals in the workplace. (This requirement is found in the Code of Federal Regulations, title 29, section 1910.1200.) Additional training is required by other OSHA standards, particularly those that deal with specific hazardous substances and work processes.

Some state OSHA programs have worker training requirements more extensive than the federal standards. For example, California employers are required to have injury and illness prevention programs that include training and other safety communication on many topics. These must be in a form readily understandable by all affected employees. In practice, this means using non-technical terms and communicating with non-English- speaking workers in a language they understand.

(California standards and regulations are published in the California Code of Regulations. The requirements above are found in the California Code of Regulations, title 8, section 3203.)

Some unions have successfully negotiated for more worker safety training than required by government standards and regulations. Contracts may also specify who will give the training, how it will be designed, and how it will be funded.

For example, some agreements establish comprehensive training programs run jointly by labor and management. Other agreements state that the employer will pay for workers to be trained by the union’s own health and safety staff. Agreements may even provide funding for professional development of the union’s trainers, enabling them to attend safety conferences and seminars.

Some agreements guarantee that the employer will reimburse both workers and union training staff for lost time, travel, lodging, and other expenses.

At a minimum, unions should seek some control over the content and format of safety training to ensure that it is understandable, useful, and relevant to workers’ jobs. If a union wants comprehensive training language, it should address:

• What training is offered
• When it is offered
• Who pays for it
• Who has access to the training
• Who does the teaching
• The content of the training
• How the effectiveness of the training will be evaluated.

In some cases, access to safety training may have an impact on worker advancement. For example, workers with specialized training in lead or asbestos may receive certifications that qualify them for more advanced job duties. Unions may seek contract language that ensures fair access to training programs of this type.

Many employers are turning to computer-based training and virtual reality programs as a way to teach health and safety. These high-tech training methods can be very isolating. Workers have no opportunity to share experiences with each other or interact with an instructor.

The International Association of Machinists (IAM) and Boeing recently reached an agreement on interactive computer training programs. Computer- based training will be used only in conjunction with live site-specific training conducted by worker (peer) trainers. The IAM also negotiated the right to be involved in the design of the computer-based programs. (The exact language of this agreement is currently unavailable.)

Appropriate Training

The Employer shall provide a continuous training program, during work hours and at no cost to employees, to ensure that all employees are adequately trained in safely maintaining, handling, and using the materials, facilities, apparatus, and equipment at the workplace. No employees shall be required to perform any work until he or she receives adequate training, including training in emergency procedures.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

The Employer will provide employees with appropriate orientation and/or training to perform their jobs safely. Such training shall include instructions in proper work methods . . . and proper use of personal protective equipment.

AFGE and U.S. General Services Administration, 1990

No employee shall be required or allowed to work on any job or operate any equipment until he/she has received proper education, training and instruction.

Canadian Auto Workers, Model Language

 Union Trainers and Paid Time

All education and training for employees … will be given by employees chosen by the union. All union trainers will attend the Workers Health and Safety Center for a two week instructor training program.

Canadian Auto Workers, Model Language

The company will ensure that lost time, per diem or meal, and travel and accommodation if required will be paid to all employees who participate in education or training required by this Article.

Canadian Auto Workers, Model Language

Special Hazard Training

When duties involving special hazards must be performed, the Service will provide reasonable training or indoctrination to the employees involved concerning the hazards and the proper work methods to be used.

AFGE and U.S. Immigration and Naturalization Service, 1993

For all employees covered by this Agreement, the Employer shall: Provide employees with adequate information on communicable diseases and infestations to which they may have routine exposure.

AFSCME Local 3999 (Council 18) and City of Santa Fe, New Mexico, 1995-97

The District shall provide in-service training to unit employees regarding HIV/AIDS, its transmission, and the proper handling of blood or bodily fluids.

SEIU and City of Oakland, California

The employer shall provide training to all employees at risk of assault on how to defuse potentially violent situations and verbal confrontation.

Employers shall also be trained in self-protection. Training should include, but not be limited to: discussion of how to recognize warning signs and possible triggers to violence; how to resist attack and avoid escalation of the situation; how to control and defuse aggressive situations; and a full review of the employer’s written policy for dealing with assault on the job.

SEIU Sample Contract Language to Protect Workers from On-the-Job Assault, 1995

Frequency of Training

Safety Meetings. Monthly safety meetings will be held among employees by work group or location for the purpose of instruction in safe work practices.

Tailboard Meetings. The person in charge of a work group will hold meetings of employees under his or her responsibility for the purpose of daily work planning and review of conduct of work with regard to applicable safety rules. Tailboard meetings will be held prior to the beginning of each work assignment and when there is a substantive change in work assignment.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

Joint Training

The Company and the Union agree that the Director of OCAW’s District Resource Center and the Company’s Associate director of Health and Safety shall meet and confer for the purpose of developing a mutually acceptable protocol for a joint training program on health and safety awareness for Barr’s bargaining unit employees. It is agreed that the curriculum and course content will be fully reviewed and approved in advance of any training session, that the training sessions will be in segments of no more than two (2) hours at a time and for a cumulative total in any calendar year of no more than four (4) hours, and that all such training sessions shall be scheduled at mutually agreeable times and in such a way as to minimize any disruption of the Company’s production and any impact on the Company’s ability to ensure regulatory compliance, product quality and integrity, productivity, efficiency and safety. Any further health and safety training deemed necessary by Management will be provided by the Company.

OCAW Local 8-149 and Barr Laboratories, 1996-2001

The National UPS/IBT Safety and Health Committee is also responsible for an Occupational Safety and Health Subcommittee to provide training recommendations for handling hazardous materials, toxic and other harmful substances for appropriate bargaining unit employees.

This Committee shall function as part of the National UPS/IBT Safety and Health Committee and shall review UPS hazardous materials training programs and make recommendations for improvements in:

• Training course content, material and frequency.
• Equipment needed.
• Other related issues deemed appropriate by the Committee.
• Failure of the subcommittee or the National UPS/IBT Safety and Health Committee to reach an agreement will result in the unresolved issue being processed under the National Grievance procedure rules.

IBT and United Parcel Service, 1997-2002

Training Funds

Effective May 10, 1993 the Painters’ Apprenticeship, Health and Safety Training Fund shall be established. This fund shall be jointly administered by duly-appointed representatives of the Builders’ Association and Painters’ District Council No. 3 and shall provide for Apprenticeship Training as well as ongoing Health and Safety Training for both Journeymen and Apprentices. All employees working under the jurisdiction of this Agreement shall be trained within one year under the mandatory Health and Safety Training Program. Employees shall be certified as having completed a variety of such training and examination under this Program including, but not limited to, First Aid, CPR, Pulmonary and Lead level blood testing, Respirator fit testing, etc.

IBPAT and Builders’ Association, 1993

Right to Act

What can an individual worker do if there is a hazard involving a violation of company rules, laws, or the union contract? Some contracts spell out a worker’s right to act.

What can the union do in response to health and safety incidents and accidents? How can the union deal with serious, immediate hazards on the job, particularly if they involve a violation of company rules, laws, or the contract? Contract language may spell out the union’s right to act.

Right to Report Hazards

Some unions have negotiated defined procedures for workers to report unsafe conditions to management. The union should educate the membership about these procedures, and encourage members to report problems. Workers need to know they have a right to speak up about unsafe conditions.

Unions should be alert to employer programs that may discourage workers from reporting safety problems. These can include financial rewards for not having (or not reporting) on-the-job accidents, injuries, or illnesses. For example, some employers adopt versions of a game called “Safety Bingo,” where teams of workers compete to see who has the lowest injury rate. The winning team may receive a cash reward.

Unions should negotiate for elimination of such programs, even if workers find them superficially attractive. These programs reflect a view that accidents and injuries are within a worker’s control, and that the worker is to blame if they happen. They also pit workers against each other and can cause serious trouble for workers who don’t report accidents to help their team’s score. Workers may be discouraged from seeking the medical care and compensation they need.

Procedures for Reporting

The Employer shall make available at each installation forms to be used by employees in reporting unsafe and unhealthful conditions. If an employee believes he/she is being required to work under unsafe conditions, such employees may:

• notify such employee’s supervisor who will immediately investigate the condition and take corrective action if necessary;
• notify such employee’s steward, if available, who may discuss the alleged unsafe condition with such employee’s supervisor;
• file a grievance at Step 2 of the grievance procedure within fourteen (14) days of notifying such employee’s supervisor if no corrective action is taken during the employees’ tour, and/or
• make a written report to the Union representative from the local Safety and Health Committee who may discuss the report with such employee’s supervisor.

APWU and U.S. Postal Service, 1994-98

When an employee has concerns regarding an unsafe neighborhood, they shall discuss the situation with the case nurse and the immediate supervisor who shall determine the appropriate action, such as visit with another employee, escort service, etc. If the employee is not comfortable with the decision, the matter may be taken up immediately with the appropriate administrator or the Director of Human Resources. In any situation where an employee believes there is danger of immediate harm, the employee should take the appropriate action first and then advise the supervisor of the actions taken and the reasons therefore.

AFSCME Local 3098 (District Council 8) and Toledo Nurse Association, 1995-1997

Incentive Programs

Safety Incentive Programs, if implemented, shall be designed to improve safety in the workplace and raise awareness of safe work practices. Such programs shall not discourage the timely reporting of workplace accidents.

Safety incentive programs shall be designed in a way in which workers will not receive incentives for failing to report bona fide injuries.

HERE Local 2 and San Francisco Multi-employer Hotel Group, 1999-2004

Right to Refuse Unsafe Work

When required to perform unsafe work, a worker is faced with a daunting choice: whether to do the work and put his or her life in danger, or refuse to do the work and risk discipline or dismissal. What rights does a worker have in this situation? The U.S. Supreme Court ruled on this issue in a case called Whirlpool versus Marshall.

The Court upheld the OSHA regulation that prohibits an employer from discriminating against a worker who refuses to perform a task because of “reasonable apprehension of death or serious injury.” This ruling applies only in situations where the employee cannot get the employer to correct the problem and there is not enough time to get help from a government agency like OSHA. An important requirement is that the worker’s fears be “reasonable.” If a court later finds that a worker acted “unreasonably” or “in bad faith,” the worker will not be protected from reprimand or discharge.

(OSHA standards and regulations are published in a series of volumes called the Code of Federal Regulations. The OSHA regulation prohibiting discrimination against a worker who refuses unsafe work is found in the Code of Federal Regulations, title 29, section 1977.12.)

Additional rights may apply to union members. The National Labor Relations Act provides that in some situations, workers may engage in “concerted activities for the purpose of . . . mutual aid or protection.” This could include refusing unsafe work to protect yourself and co-workers.

(Federal laws are published in a series of volumes called the United States Code. The language above is found in the United States Code, title 29, section 157.)

Also, the Labor Management Relations Act provides that in some situations, workers may refuse to work under “abnormally dangerous conditions.” (See the United States Code, title 29, section 143.)

Unions can expand members’ rights in this area by negotiating contract language that does not require a finding of “reasonableness,” but only that the worker acted in good faith, or actually and honestly believed that the assigned task was unsafe. (For related contract language stating that a worker may refuse to drive an unsafe vehicle, see “Vehicles”)

Some employers may try to avoid responsibility for dangerous conditions by citing the employees’ right to refuse unsafe work. In other words, if an injured employee believed the job unsafe, he or she should have refused it. Unions should therefore make sure to include language in the contract that confirms the employer’s exclusive responsibility for ensuring a safe and healthful workplace. (See “Roles and Responsibilities)

Good Faith Belief

Longshoremen shall not be required to work when in good faith they believe that to do so is to immediately endanger health and safety. Only in cases of bona fide health and safety issues may a standby be justified. The Union pledges in good faith that health and safety will not be used as a gimmick. The employer shall have the option of having the men who raise a question of health and safety stand by until a decision is reached or “working around” the situation until it can be resolved, and no further work shall be performed on that disputed operation until the health and safety issue is resolved.

ILWU and Pacific Maritime Association, 1993-96

The right of an employee to: (a) refuse to accept an assignment or a job which the employee has reason to believe is hazardous or is performed under hazardous conditions; and (b) refuse to report for work because the employee has reason to believe that travel to or from work, or work at the employee’s place of work is hazardous, is hereby confirmed.

No employee shall be docked for work-time lost for: (a) exercising the aforesaid right to refuse an assignment, or job, or to report to work; or (b) inability to report for work because normal travel facilities are unavailable or inoperative and no practical alternative is available or operative, due to natural phenomena or hazardous conditions created by human acts, including by way of example but not limited to, storm, flood, fire, explosion, riot or other civil disturbance or military or police operation. . . .

The right of an employee to refuse to operate equipment, including a vehicle, (a) which the employee deems to be unsafe; or (b) in an unsafe or unlawful manner, is hereby confirmed.

The Newspaper Guild-CWA, Model Contract, February 1998

No employee shall be discharged, penalized, coerced, intimidated or disciplined for refusing work on a job or in any workplace or to operate any equipment where he/she believes that it would be unsafe or unhealthy to himself/herself, a fetus, a workmate or the public, the environment or where it would be contrary to the applicable federal, provincial, or municipal health and safety or environmental laws, regulations or codes of practice.

Canadian Auto Workers, Model Language

Procedures for Refusing

The term “imminent danger” applies to conditions or practices in any workplace which pose a danger that could reasonably be expected to cause death or severe physical harm immediately or before the imminence of such danger can be eliminated through normal procedures. When an employee during the course of performing his or her official duties reasonably believes he or she is exposed to a health or safety hazard that presents an imminent danger, he or she shall cease the activity and notify the supervisor and, if so desiring, the activity safety officer. The supervisor will evaluate the situation, consulting appropriate safety personnel if necessary, and make a decision as to whether work may proceed. If the employee is not satisfied that the imminent danger is sufficiently eliminated, he or she will notify the supervisor. The supervisor will immediately notify the appropriate safety official and assign the employee to other duties, if appropriate. Thereafter, if the safety official determines that no imminent danger exists or has been corrected the employee will return to work.

AFGE and U.S. Marine Corps, 1994

Employees who exercise . . . right of refusal shall be assigned to other available work . . . either at the . . . rate of the job from which he/she was relieved or the rate of the job to which he/she is assigned, whichever is higher.

UAW and General Dynamics, 1991

Should there be a dispute on the application of safety rules, employees must specifically state their concerns. The employee in charge will discuss the appropriate actions to resolve such concerns. If no resolution can be found, the employee(s) who dispute the application will have the right to not commence the assignment, without fear of retribution or retaliation. The next level of supervision shall immediately be contacted to mediate and resolve the dispute. Disputes which cannot be resolved shall be documented as to time, location, persons involved and the rules and applications at issue, and referred to the Safety Dispute Panel for prompt review and resolution.

BMWE and National Railroad Passenger Corporation (Amtrak), 1976–present

Employees shall report any unsafe work condition(s) and/or equipment to their immediate supervisor or department head. Employees will not be required to work under such conditions and/or use such equipment pending a determination by the immediate supervisor or department head with regard to the safety of the site and/or equipment. Reference to the safety manual should be made whenever possible.

AFSCME Council 31 and Village of Fox Lake, Illinois, 1994-96

No Reprisal

Employers are prohibited from retaliating against a worker for exercising his or her rights under the federal Occupational Safety and Health Act. This includes the right to report injuries, illnesses, and unsafe conditions to management, the right to file complaints with OSHA, and the right to refuse unsafe work.

(The prohibition above is found in the United States Code, title 29, section 660(c)(1).)

Many states have statutes that provide better or broader protections in some of these areas. For example, New Jersey has a very strong refusal provision.

• Unions can expand these anti-discrimination provisions by negotiating language that:
• Specifies a broader range of worker activities that are protected.
• Specifies a broader range of employer activities that are prohibited.
• Defines procedures that workers can use to exercise their rights.

No employee shall be required to perform work which he/she reasonably believes involves a substantial probability that serious physical harm may occur. Employees who exercise this right of refusal, shall be assigned to other available work. The employee shall accept such assignment either at the higher rate of the job from which he/she was relieved or the rate of the job to which he/she is assigned, whichever is higher.

UAW and General Dynamics, 1991

The company shall ensure that all employees are informed that they have the right to refuse hazardous work which may harm them, any person or the environment and that signs are posted . . . advising them of this right.

If a worker exercises his or her right to refuse he or she shall notify the supervisor or a union member of the Health, Safety and Environment Committee. He or she shall stand by in a safe place and participate fully in the investigation of the hazard. At every stage the company shall ensure that no other worker is asked or permitted to perform the work of the worker who refused.

The union co-chairperson or alternate shall fully participate in the investigation at every stage. The union co-chairperson or alternate may recommend a solution to the problem with the agreement of the refusing worker which shall be implemented by the company.

Canadian Auto Workers, Model Language

For Reporting Unsafe Conditions

The Administration shall assure that no employee is subject to restraint, interference, coercion, discrimination, or reprisal for filing a report of an unsafe or unhealthy working condition, or other participation in agency occupational safety and health program activities.

AFGE and Social Security Administration, 1996

For Following Safety Rules

No employee shall be discharged, penalized, coerced, intimidated or disciplined for acting in compliance with the Occupational Health and Safety Act, its regulations and codes of practice and environmental laws, regulations or codes of practice.

Canadian Auto Workers, Model Language

For Refusing Unsafe Work

No employee shall be discharged, penalized, coerced, intimidated or disciplined for refusing to work on a job or in any workplace or to operate any equipment where he/she believes that it would be unsafe or unhealthy to himself/herself, a fetus, a workmate or the public, the environment or where it would be contrary to the applicable federal, provincial, or municipal health and safety or environmental laws, regulations or codes of practice.

For the employee who refuses work . . . and all employees affected by the refusal . . . there shall be no loss of pay, seniority or benefits during the period of refusal.

Canadian Auto Workers, Model Language

Notice of Serious Incidents

Some agreements state that the union will be notified of serious incidents and can investigate them on-site.

Right to Investigate

The company agrees to notify the union members of the Plant Health and Safety Committee and the International Union, UAW, Regional Representative of incidents such as serious injuries, chemical spills, and fires. Access to the factory will be provided to the appropriate Union member(s) of the Plant Health and Safety Committee and the International Union in order to conduct an investigation.

UAW Model Health and Safety Contract Language, 1998

The Union-designated Health and Safety Committee Representative(s) shall have the right to investigate accidents. The details and manner of the investigation are to be negotiated with the companies involved.

OCAW Chemical Bargaining Policy (Health and Safety Language)

Resolving Disputes

Some contracts set up procedures for resolving health and safety disputes quickly—for example, through immediate arbitration.

Grievances and Arbitration

Any grievance which has as its subject a safety or health issue directly affecting an employee(s) which is subsequently properly appealed to arbitration in accordance with the provisions of Article 15 may be placed at the head of the appropriate arbitration docket at the request of the Union.

APWU and U.S. Postal Service, 1994-98

Any complaint, disagreement, or dispute relating to safety or health is subject to the grievance/arbitration procedure of this Agreement.

Complaints, disagreements, or disputes relating to safety or health may be submitted directly to the arbitration step of the grievance/arbitration procedure provided that the matter is first submitted to the joint committee, for the committee’s consideration and possible recommendation to the Employer.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

The men must ask their steward to bring the question of health, safety, or onerousness to the attention of the foreman or walking boss in immediate charge of the operation. The steward and his immediate superior (gang boss, hatch boss, etc.) are the only individuals who shall present the situation to the foreman or walking boss.

If agreement cannot be reached in [the section above] the Business Agent shall be called. (The walking boss, gang boss, or hatch boss and the Business Agent or steward, who are responsible and safety-minded individuals, should be able to determine whether a condition is safe or unsafe.)

If agreement cannot be reached in [the section above], an immediate Joint Port Labor Relations Committee meeting shall be called on the job.

If agreement cannot be reached in [the section above], the Area Arbitrator shall be called to the job for an immediate ruling. . . .

The Area Arbitrator shall make an immediate ruling as to how work shall proceed. After the work proceeds the Arbitrator shall make a further ruling that a bona fide health or safety issue did or did not exist.

Where the Arbitrator decides—or where agreement is reached in any one of the steps [above]—that the employers were correct, the men shall not be paid for standby time, if involved.

Where the Arbitrator decides—or where agreement is reached in any one of the steps [above]—that the men were correct, the men shall be paid for standby time, if involved.

If the Arbitrator decides or it is agreed under any step [above] that an unsafe condition exists which can be corrected, the men shall work as directed to correct such condition.

If it is determined at any step [above] that the condition claimed to be unsafe is in fact safe, the men shall resume work as directed and failure to resume work as directed shall be cause to remove the men from the payroll as of the time of standby.

If during a period of standby on an issue of health and safety any man leaves his place of work except upon instructions of the walking boss, he shall be removed from the payroll as of the time of standby regardless of how the issue is settled. Any man who so leaves without obtaining his own replacement shall be automatically subject to appropriate penalties under the grievance machinery.

ILWU and Pacific Maritime Association, 1993-96

District committee persons and UAW Health and Safety Representatives will discuss health and safety issues with the appropriate members of management. Failing resolution, the issue will be reduced to writing on a health and safety grievance/complaint form. This procedure applies to ergonomics as well as health and safety issues. . . .

Complaints in the first or second step of this procedure that are not answered within the specified time limits will be automatically moved to the next step.

UAW Model Health and Safety Contract Language, 1998

Right to Strike

A few contracts authorize the union to call a strike pending correction of urgent health and safety problems, if other attempts at resolution have failed.

Strike Procedure

Notwithstanding the provisions of Article 20 of the Master Agreement, the Union shall have the right, in connection with grievances alleging violations of health and safety provisions, to strike in accordance with the following procedure:

1. Within sixty (60) days from the date of the written decision submitted at Step 3 of Article 5, the Union shall notify the Human Resources Manager, in writing, that it does not intend to arbitrate the grievance or grievances but that it has been authorized by a vote of its Local membership to strike concerning grievances specified in the written notice.
2. During at least the ten working (10) days following such notice, the Company shall review such grievance or grievances with the International Union and the appropriate Local Bargaining Committee. The parties shall have the right to have their International Safety Committee members participate in such review, including the right to inspect the conditions which are the subject of grievance.
3. Upon fulfillment of the review requirement of (b) above and during the ninety (90) day period following receipt in accordance with (a) above, the Union shall have the right to strike upon five (5) days written notice from the Regional Director of the UAW International Relations of the Company that International Union has authorized such strike.

UAW and Mack Truck, 1993

Injured Workers

What happens if a worker gets hurt or sick on the job? Most employers in the U.S. are required to pay for workers’ compensation benefits. However, each state has its own, separate system of workers’ compensation rights and procedures. Some states have carved out certain unions and employers from their usual rules, to allow them to bargain their own workers’ compensation procedures. Federal employees are covered by different laws.

Unfortunately, most workers’ compensation systems have significant limitations. Payments, rehabilitation services, and protection from job discrimination may be inadequate. Some unions have successfully negotiated additional benefits and protection for their injured members.

Medical Care and Choice of Physician

Workers’ compensation laws require employers to pay for medical care for employees hurt on the job. Some union contracts specify what kinds of medical services will be offered to an injured worker, and how the services will be provided.

In many states, the worker’s primary treating physician makes medical determinations that affect the worker’s eligibility for compensation payments, further medical treatment, and accommodations at work.

However, the employer often has the right to select the primary treating physician. The union can negotiate to allow workers to make this selection themselves.

Medical Services

The Employer agrees that the first concern when an employee is injured on the job is to make certain that he/she gets prompt emergency medical aid.

Doubts over whether medical attention is necessary will be resolved in favor of arranging medical aid.

When it is necessary to assist an employee to return home because of illness or incapacitation or to provide transportation to a medical facility, the Employer will arrange for transportation. If a coworker is required to transport the employee, there will be no charge to leave for the coworker.

AFGE and Social Security Administration, 1996

The Company agrees to provide quality medical care for all employees and staff at the Health Center during plantwide production shifts with scheduled licensed and registered nurses and physicians. Nursing support will be scheduled 24 hours per day 7 days per week. Physicians will be scheduled on both shifts.

The Company will establish and monitor quality of care measures for the Medical Department on a regular basis. The results will be made available to the Local Union. The Company further agrees to hire, within 90 days of the effective date of this contract, a recognized expert in the field of occupational medicine, mutually agreeable to the Union, to assist in the establishment of quality measures for the evaluation of medical care.

UAW Model Health and Safety Contract Language, 1998

Choice of Physician

A player will have the right to choose the surgeon who will perform surgery provided that (a) the player will consult with the Club physician as to his recommendation as to the need for, the timing of, and who should perform the surgery; and (b) the player will give due consideration to the Club physician’s recommendation.

NFL Players Association and NFL Management Council, 1982

Resolving Medical and Legal Disputes

An injured worker can face lengthy legal proceedings and delays in benefits if there are disputes over findings by the primary treating physician. Some union contracts specify procedures for resolving disputes quickly. Some contracts also guarantee that an injured worker may have a union representative present when interviewed by an insurance carrier or other third party.

Third Physician

[The employer’s physician and the employee’s physician will] agree upon and appoint a third qualified and disinterested physician, preferably a specialist, for the purpose of making a further medical examination of the flight attendant. [T]he case shall be settled upon the basis of such findings.

Association of Flight Attendants (Section 6) and U.S. Air, Inc., 1993

The Employer reserves the right to select its own medical examiner or doctor and the Union may, if it believes an injustice has been done an employee, have said employee re-examined at the employee’s expense.

If the two (2) doctors disagree, the Employer and the Union shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision shall be final and binding on the Employer, the Union and the employee.

Neither the Employer nor the Union will attempt to circumvent the decision of the third (3rd) doctor and the expense of the third (3rd) doctor shall be equally divided between the Employer and the Union.

If the third (3rd) doctor agrees that the employee should be returned to work, the employee shall be reimbursed at his/her daily guarantee, less any other monies received back to the date of the examination by the Company doctor. It shall exclude any time the employee was not available for examination or work.

IBT and United Parcel Service, 1997-2002

Representation at Interviews

Not less than twenty-four (24) hours notice shall be provided to an employee of a workers’ compensation investigatory interview conducted by a workers’ compensation carrier or other similar third party representative.

Upon request, the employee shall have the right to have union representation present for such an interview providing that it does not delay the interview.

HERE Local 2 and San Francisco Multi-employer Hotel Group, 1999-2004

Preserving Wages and Benefits

Often workers’ compensation payments only partially replace wages that a worker loses because of time off from work to recover from a job injury. In a few cases, OSHA requires the employer to go further and fully reimburse lost wages. For example, the OSHA lead standard requires full payment for some workers who must take time off due to high lead exposure. (OSHA standards and regulations are published in a series of volumes called the Code of Federal Regulations. The lead standard is found in the Code of Federal Regulations, title 29, section 1910.1025.)

Unions have negotiated for payments that supplement workers’ compensation, as well as for maintenance of seniority and other job benefits when members are injured.

Wages

An employee who is injured while working shall be paid on a biweekly basis while off work, the difference between the amount paid by State Workmen’s Compensation Insurance and the amount that the employee would have received as wages at his regular straight-time rate for fifty-two

(52) weeks. The payment shall stop at the end of fifty-two (52) weeks or when any one (1) of the following conditions occur:

• When the employee stops receiving weekly Workmen’s Compensation benefits, or
• When the employee returns to his regular job or to another job, or
• When the employee’s case is either ruled on by the State Compensation Board or settlement is made with the Compensation Carrier, or
• When the employee is released by the doctor to return to some suitable work, or
• When the employee fails to report such release within forty-eight
• (48) hours to his supervisor, or
• At the termination of employment.

An employee who is off work under this clause . . . for a period of three (3) months or longer shall have any applicable step progression suspended on a month for month basis while he is off work. Registered apprentices are covered by the apprentice standards and therefore are excluded from this clause.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

Any employee who is injured on the job, and who must miss time from work on the day of the injury (or the following day) and on the instructions of the Company physician or other physicians acceptable to the Company, will be paid special compensation pay up to the balance of the work day as well as the following day. Any employee who receives compensation pay for this time period due to a claim from Workers’ Compensation shall not be eligible for special compensation pay.

OCAW Local 8-149 and Barr Laboratories, 1996-2001

Benefits

An employee receiving Workers’ Compensation payments for a period of disability found compensable by the Workers’ Compensation Board shall be treated as though on the payroll for the length of the disability not to exceed twelve months per injury for the sole purposes of accruing seniority, continuous service, health insurance, and Employee Benefit Fund contributions normally made by the State, accrual of vacation and sick leave, and personal leave. Additionally, such employee shall be treated a though on payroll for the period of disability not to exceed twelve months per injury for the purposes of retirement credit and contributions normally made by the State and/or the employee.

CSEA/AFSCME and State of New York, Administrative Services Unit, 1995-99

. . . seniority shall be retained and accumulated during absences from work due to work injury or illness.

Operating Engineers

Return to Work

The federal Americans With Disabilities Act (ADA) and some state laws prohibit employers from discriminating against an employee because of a serious disability. In addition, employers must provide reasonable accommodations in the workplace for these employees. Accommodations may include modified work schedules, restructured jobs, and special equipment that enables the employee to do the job. Many of these provisions also apply when employees with job-related disabilities return to work.

In some states, employers are also prohibited from retaliating against an employee for filing a workers’ compensation claim or for getting hurt on the job. However, in practice these non-discrimination laws do not always ensure full protection of injured workers.

The ADA and state laws are complex. For example, federal courts around the U.S. have developed different, sometimes contradictory definitions of disability, reasonable accommodation, and discrimination.

Issues such as availability of modified work, wages for modified work, and bumping of co-workers complicate the process of returning an injured worker to the job. Some unions have negotiated specific rights and procedures in this area.

Different Work

An employee who is released by his doctor to return to work after a disabling on-the-job injury shall be entitled to the following:

• Assignment to productive work at the regular straight-time rate paid him at the time of the accident (unless the employee is still receiving compensation, then wages shall be the difference between regular wages and compensation) for a maximum of fifty-two (52) weeks computed from the time of the accident.
• An evaluation of capabilities by both the Company and the Union as to the type of work the employee is able to perform or may be able to perform in the future. Evaluation of the employee’s capabilities shall include but shall not be limited to a physical examination and doctors report, the employee’s physical and mental ability, attitude, willingness to work, and trainability.
• Depending upon evaluation of his capabilities, the employee shall be assigned without discrimination to an available job that he is physically and mentally able to perform. The initial rate for such assignment shall be at least seventy-five percent (75%) of the employee’s pre-accident rate. Both the Company and the Union agree to use their best efforts to assure that such assignment may eventually result in the employee being able to satisfactorily produce in a classification of the same or higher level of pay as may have been the final result of the employee’s pre-accident job.
• Depending upon the evaluation of the employee and where necessary and practical, the Company shall provide job related education and training.
• Employee returning to work under this Section shall be subject to the normal rules and regulations of the Company.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

The company agrees to offer every disabled employee a suitable job upon the employee’s return to work which shall continue as long as the disability lasts and shall do so according to the following process:

• The company shall modify the employee’s job to accommodate the employee’s disability.
• If the union agrees that it is physically or technically impossible or financially prohibitive or not in the best interest of the employee to modify the employee’s job, the company shall offer the employee an alternate job or modified alternate job within the bargaining unit considered suitable by the union and the employee.
• If the union agrees that reduced hours of work are in the best interests of the employee, the employer shall accommodate the reduced hours of work modification with a letter of understanding pertaining to the employee. Wage replacement benefits for the time not worked may be paid by workers’ compensation or by the insurance carrier but in no case shall the employee receive less income than the applicable benefit level.
• If the union agrees that a modified job classification is in the best interests of the employee, the company shall accommodate the change to the job classification with a letter of understanding pertaining to the employee.
• The seniority provisions of the collective agreement such as the job posting procedures shall only be set aside to accommodate disabled employees if the union agrees. The layoff and recall provisions of the collective agreement, however, shall apply in the same manner as if the person had not been disabled.
• The company agrees to hire people with permanent disabilities as 6% of all new hires.

Canadian Auto Workers, Model Language

If an employee shall become unable to perform his regular duties because of a mental or physical disability, the Company may provide him with a job he can do without regard to any established seniority provisions. In no event will the Company consider an employee where the proximate cause of such disability is due to any matter or thing specified in the Sick Leave Plan exclusions.

The disabled employee shall be paid the regular wage rate for the job to which assigned provided, however, if such employee is so transferred to a job which carries a lower regular wage rate and has fifteen (15) or more years of continuous employment with the Company, he shall receive over and above such regular wage rate an added wage rate equal to twenty percent (20%) of the difference between the regular wage rate of his former job and the regular wage of the job to which he was transferred plus three and two thirds percent (3 2/3%) of such differential for each full year and major fraction of a year of seniority over fifteen (15) full years. All wage rates calculated on the basis of the foregoing shall be fixed at the nearest one-half cent . . . and no wage rate so calculated shall exceed in total seventy-five percent (75%) of such differential which total percentage shall include said twenty percent (20%).

If an employee with fifteen (15) or more years of service is retrogressed due to a disability resulting from an occupational illness or injury occurring in the course of and arising out of his employment with the Company, he will receive the maximum rate for the job classification in which he is placed, plus a percentage of the difference between his former rate of pay and such maximum for the new job classification. Such percentage will be twenty percent (20%) for fifteen (15) years of service and increased four percent (4%) for each additional year of service up to a maximum of one-hundred percent (100%) of such difference.

An employee who has been retrogressed under the provisions of this Article . . . shall retain his seniority in the classification from which he was so retrogressed for a maximum period of two (2) years, but not more than a period equal to his total continuous length of service within the department at the time of his retrogression. If he recovers from the disability during the period in which he has such retained seniority to the extent that he is considered by the Company to be qualified to perform the normal duties of the classification from which he was removed due to the disability or to any interim classification, this will be done provided his retained seniority is sufficient to displace other employees who occupy the job to which he is being restored. The Company may require medical evidence of the extent of his recovery on which to base its consideration.

Fifty percent (50%) regular wage rate increases shall be granted to such employee so long as he is receiving under Section 2 above more than the current regular wage rate for the job to which he shall be assigned.

IBEW, Survey of Utility Collective Bargaining Agreement Language, January 1995

Bumping

In the event that an individual cannot perform a specific job function due to illness, injury or physical sensitivity to substances present in the workplace, that individual will be given suitable alternative work, if such work is available, provided the employee provides the Company with a statement from his physician confirming that, despite the limitation that precludes him from performing his normal job functions, he is fit to perform the job functions of the available alternative work. In addition, the Company may, in its sole and unrestricted discretion, require that any employee claiming to have a job related illness or injury or a physical sensitivity that interferes with of precludes his performance of the normal responsibilities of his position submit to an examination by a physician chosen and paid for by the Company for the purpose of obtaining independent medical verification of the condition and any work limitations resulting from it. In the event no alternative work is available, bumping shall apply unless the Company determines in its discretion that allowing the employee to exercise bumping rights would be inconsistent with the Company’s overall interests of ensuring regulatory compliance and product quality and integrity, and maximizing productivity, efficiency and safety. Employees who are transferred or bump into positions pursuant to this Section that have lower wage rates than their usual jobs shall be compensated at the higher rate for one (1) month, and will thereafter be compensated at the lower rate.

OCAW Local 8-149 and Barr Laboratories, 1996-2001

Resolving ADA Issues

The parties agree that the Joint Steering Committee shall establish a Subcommittee on health and safety issues including workers’ compensation issues. This Subcommittee will also study ADA issues, including possible changes in the law. The parties will have the power during the term of the Agreement to agree that ADA employment issues should be subject to binding arbitration by mutual agreement.

HERE Local 2 and San Francisco Multi-employer Hotel Group, 1999-2004

The parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee.

The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Safety and Health Grievance Committee . . .

Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider, or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union form pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws.

The parties agree that appropriate accommodations under this section are to be determined on a case by case basis.

IBT and United Parcel Service, 1997-2002