Bargaining Language:
Specific Hazards

This page includes sample contract language taken from actual collective bargaining agreements to address a variety of specific health and safety hazards. It includes new language on emerging issues such as infectious disease, introduction of new technology, and hazards related to climate change. Use the index on the right to scroll through a list of the topics included.

Computers

The health and safety hazards of computer work are numerous, and include vision problems, musculoskeletal injuries, and debilitating hand and wrist disorders like carpal tunnel syndrome. They are also preventable, but few standards or regulations exist to address these and other ergonomic hazards (see Ergonomic Hazards.) Unions have negotiated contract provisions to protect their members who work on computers (which some contracts still refer to as video display terminals or VDTs). Provisions include vision protection, ergonomic furniture setup, appropriate breaks, and training.

Workstations and Breaks

12.1 The Employer recognizes its responsibility to provide a safe and healthful workplace.

12.2 Where computer monitors (CMs) are used, the Employer shall provide each employee who works at a CM with a work station, including furniture and lighting that meets ergonomic design guidelines mutually agreed upon by the Union and the Employer. The Employer agrees to replace or correct existing work stations, if necessary, as rapidly as is economically feasible.

12.2.1 If other work is available, an employee working at a CM shall be assigned to such other work for 15 minutes every two hours. If such other work is not available, an employee working at a CM shall receive break relief time, not to exceed 15 minutes every two hours. An employee working full time at a CM shall not be reassigned to other work, as specified in the preceding paragraph, but shall receive break relief time, not to exceed 15 minutes every two hours.

12.2.2 The Employer will arrange for an annual safety inspection of computer monitors as well as when equipment or work station is changed.

Office and Professional Employees International Union Local 153 and UNITE HERE, 2021-2024

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

American Federation of Teachers Local 1521 and Los Angeles Community College District, 2020-2023

Every employee working on a computer shall be required to take break away from the employee’s screen of at least fifteen (15) minutes after two (2) hours of continuous computer work. In the event the normal work schedule does not provide a lunch or rest break every two (2) hours, the employee shall be assigned duties away from the computer for fifteen (15) minutes after two (2) hours of continuous computer work.

Service Employees International Union Local 1021 and the City of San Francisco, 2022-2024

Vision Protection

The City of Los Angeles and the All City Employees Association, Local 3090, AFSCME, AFL-CIO recognize that employees of this Unit who operate computer equipment or other digital devices should have a complete eye exam by an optometrist who can detect Computer Vision Syndrome symptoms, such as, neck and shoulder pain, headaches, fatigue, irritated eyes, blurred or double vision and loss of focus through a Computer Vision Care eye exam. The Union shall contract with a Computer Vision Care Optical Plan provider. The service provider shall employ qualified professional staff to provide an optometric exam containing elements as agreed to by the provider. The service provider shall also provide to each employee the appropriate computer vision eyewear when necessary. The Union shall have the responsibility to ensure that only the employees of this Unit who operate City CVC equipment shall be eligible for this optometric exam and the computer vision glasses. Each eligible employee may be examined by the service provider only once every two years. The Union shall also have the responsibility to notify the employees of this Unit as to the availability of the CVC Optical Plan.

American Federation of State and County Municipal Employees Local 3090 and the City of Los Angeles, 2015-2018

Light levels should be controlled to minimum glare with individual work station lighting provided for jobs requiring higher levels due to visual demands. Lighting may be controlled by use of shielded luminaries, indirect luminaries, or collimating luminaries.

Equipment should be located, or the room arranged, so that bright sources are not in visual field while viewing the screen, or so that the source documents or light colored materials are not seen by the VDT user as reflections on the screen. 3. Light from windows should be controlled by using drapes, blinds, reduced transmission glass, louvers, baffles, or a combination of these controls.

International Brotherhood of Electrical Workers and PG&E, 2022

Vision Examination: New operators (those employees newly assigned to positions requiring the operation of computers/microelectronic devices and associated equipment twenty [20] hours or more of operation per week, or those employees whose duties have changed to require such operation) shall have their eyes examined within two (2) months of having been assigned to such a position. . . . The examination shall be performed by an optometrist or ophthalmologist covered by the District’s hospital/medical or vision care insurance. Employees presently assigned as operators who have not had their eyes examined within the last year shall have such an examination within two (2) months from the effective date of this Article. All operators shall have their eyes examined annually thereafter.

In addition to routine optical testing, the examination shall include tests for visual field acuity, color vision, cataracts, and accommodation. Operators shall inform the attending physician that they are computer operators and that the above conditions must be tested for. Operators or users required by an optometrist or ophthalmologist to have corrective lenses required specifically and exclusively for computer use shall be covered by the VSP/Computer plan for lenses frames and basic treatment for the initial prescription and each time the prescription changes (frames to be replaced when they are no longer serviceable). If an operator or user is required by an optometrist or ophthalmologist to have an eye examination more frequently than once a year, the cost of the additional examination(s) shall be covered by the plan. Lenses and frames not required exclusively for computer use shall be paid for by the operator or user who may utilize the benefits available from the district’s hospital/medical and or vision care insurance plans.

American Federation of Teachers Local 1521 and Los Angeles Community College District, 2020-2023

Training

Training all VDT [Video Display Operators] operators and their supervisors shall be provided with an education and training program. Each department shall maintain records identifying those employees who receive such training.

a. Contents of Training Program

1. All VDT operators shall be provided oral and written training on the basic concepts of VDT ergonomics, the potential ergonomic health hazards of working at VDTs including symptoms. As part of the training package, each employee will be provided with a VDT Employee Manual which summarizes the course material and provides a self-help guide.
2. The training will include materials on how the employee’s work station should be adjusted and how to perform the adjustments. A hands-on demonstration will be included. In addition, the training will include a brief discussion on the availability of vision care and corrective lenses.
3. This training shall fully describe the requirements of all applicable rules and regulations.

b. Frequency of Training

1. This training should be provided to current operators and supervisors within 6 months of the effective date of this Agreement or sooner if required by law.
2. After training has been provided to current operators and supervisors as specified above (B.1), all new employees, employees newly transferred, or newly assigned into positions as VDT operators or supervisors, should receive this training within 30 days of employment or transfer.
3. Repeat training should be offered as needed, but not less than on an annual basis. In addition, as other topics or new information arise, they will be communicated to all affected employees.
4. Company shall maintain records identifying those operators provided with information and training under this Agreement.
5. Company shall provide Union such records upon request.
6. The program shall also include a means for adequately evaluating its effectiveness. This might be achieved by using employee interviews, testing, and observing work practices to determine if those who received training understand the material and the work practices to be followed.
7. The VDT Subcommittee shall meet on a quarterly basis to evaluate the status of training and other VDT related issues.

International Brotherhood of Electrical Workers and PG&E, 2022

Emergencies and Disasters

As climate change creates increasingly hazardous working conditions —primarily through more frequent and severe storms, flooding, heat waves and wildfires—worker protections during emergencies and disasters are becoming more essential. In their disaster preparedness booklet, the United Steelworkers state, “Planners of all types (workplace, governmental, community, household) must take high impact/low probability hazards [like disasters] seriously —both because of the serious results when they hit and because the “low probability“ label is changing as weather patterns change.”

Federal, state, and local regulations require employers to plan and train workers for emergencies such as accidents, fires, explosions, releases of toxic substances, and natural disasters. OSHA requirements include, for example, that employers plan for the evacuation of employees, for safe cleanup of hazardous substances, and for emergency medical care when needed.

The union contract can spell out in greater detail how employees are to be trained for emergencies, evacuated from dangerous situations, and given emergency medical care. Some employers have agreed to develop detailed plans for transporting injured workers to emergency medical facilities, to provide on-site medical services, and to provide training in CPR. Some contracts also provide for union health and safety committees to play a role in emergency planning. Others provide for pay for when workers cannot work because of emergency conditions, or when qualified workers are called on to respond to emergencies and disasters.

Responding to Accidents and Emergencies

Evacuation, Escape and Rescue Procedures

When the Employer becomes aware of a safety hazard which the Employer considers an imminent physical danger to the workers at a worksite, the Employer shall remove the employees from the affected area.

AFSCME District 37 Public Employees Union & New York City, 2001-2022

Employees shall be instructed in escape and emergency rescue procedures. A detailed outline of the training procedures shall be included in the program;

[The program shall include] posting of emergency escape procedures in areas of potential hazard;

[There shall be] an emergency rescue program which shall include provisions for treatment of carbon monoxide exposures, emergency rescue techniques for various parts of the plant, and appropriate rescue and recovery equipment including resuscitators. The program shall include identification of the Employees trained in emergency rescue techniques.

United Steel Workers and Bethlehem Steel, 1993-1999

CPR and First Aid

The employer agrees to make reasonable efforts to assure that each installation has adequate personnel available to administer cardio-pulmonary resuscitation (CPR).

The Administration will provide CPR shields and masks for CPR volunteers.

Training for CPR certification and/or recertification will be at no cost to the volunteer. . . .

The employer agrees to maintain adequate first aid supplies at each permanent installation. All employees will have reasonable access to these supplies.

American Federation of Government Employees and Social Security Administration, 1996

All watchmen, Identified Casuals, and Class ‘A’ and Class ‘B’ registered watchmen shall satisfactorily complete Safety, First Aid (including CPR), and Security Awareness Training, not to exceed 1 day per contract year.

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

Emergency Plans

Each facility shall have an emergency preparedness plan. This plan will publish the chain of command, which will identify a member of SSA management or designee who will be physically present for employee direction during all scheduled work hours in each permanent installation. The plan will also cover employee procedures in the event of fire, earthquake, bomb threat, tornado, flood, or similar emergency. Evacuation drills will be conducted Semiannually.

American Federation of Government Employees and Social Security Administration, 2019

Role of Labor-Management Committees

In the event of a declared public health emergency, the parties agree to convene immediately an industry wide emergency labor-management committee to address impacts of the emergency on working conditions.

Side letter, Service Employees International Union -United Service Workers West (SEIU-USWW) and California Maintenance Contractors, 2020-2024

The Employer shall establish a Health and Safety Committee at each Food 4 Less store…Committee members shall inspect facility conditions and bring any hazards or unsafe conditions to the Company’s attention. Review and monitoring of the Employer’s Disaster and Evacuation plan will be considered a function of the Committee. The Company agrees to correct hazards and unsafe conditions that Committee members bring to its attention promptly and to the extent reasonably possible.

United Food and Commercial Workers Local 324 and Food 4 Less, 2022-2023

Inspection of Facilities After Weather Events

When a facility is closed as a result of weather or other event, which has caused damage to the building, including but not limited to, earthquake, volcanic eruption, fire, tornado, hurricane, tsunami, flood, cyclone, landslide/mudslide, cave-in, etc. and a final re-occupancy walk-through inspection is performed by the agency, the agency will invite the designated health and safety representative to accompany management on the final re-occupancy walk-through inspection. The agency has no obligation to delay the inspection after reasonable advance notification is given.

American Federation of Government Employees and /Social Security Administration, 2019

Leaves During an Emergency or Disaster

Employees shall be granted leave with pay for instances when they are unable to report for their regular duties because of natural disasters beyond their control, because they are needed to work for the safety of their family or to prevent property damage, or because they are needed to help rescue operations to save life and property. Supervisors may grant leave under this paragraph only when the Board of County Commissioners has determined that these conditions exist.

Service Employees International Union Local 503 and a Josephine County Department Of Public Works, 2018-2023

Section 1. When a weather emergency is declared by an Employer, the Union will be notified and the following guidelines will be followed concerning employee compensation.

Section 2. It is expected that all employees will make every effort to report for work as scheduled despite severe weather conditions which may adversely affect their travel…

1. If employees are traveling through municipalities where severe weather or a travel ban exists… and are unable to report to work, such employee shall have an excused absence approved.
2. An employee who reports for work during a weather emergency and who works at least one-half (1/2) of their shift will be paid for the hours that they usually work, even though the employee may have come to work late or was sent home before the end of the shift.
3. An employee who reports for work during a weather emergency and works less than one-half (1/2) of their shift will be paid only for the hours actually worked…
4. Employees unable to report for work must notify their supervisor. Such employees may choose to be paid accrued paid time off (PTO), or take an excused absence without pay.

Section 3. In the case of an Erie County declared weather emergency, where the Employers/Hospitals determine employees must remain at work for specified times to care for patients, employees covering the hospital during such declared weather emergency will be paid at time and one half of their regular rate of pay for all hours worked beyond the last regularly scheduled work shift.

Communications Workers of America Local 1168 and Mercy Hospitals, 2021

A leave of absence without pay to provide disaster or emergency relief assistance in this state may be granted to a bargaining unit employee who is skilled in emergency relief assistance and certified as a disaster service volunteer by the American Red Cross.

A leave of absence with pay to provide disaster or emergency relief assistance may be granted to a bargaining unit employee who is skilled in emergency relief assistance and certified as a disaster services volunteer by the American Red Cross if the President or Governor has declared the disaster, and the American Red Cross has requested the services of the employee.

SEIU Local 517-M and the State of Michigan, 2016-2018

Ergonomic Hazards

Ergonomics is a field of research and practice that addresses how job processes, tools, and equipment can be made to fit the needs of the human body. Poor ergonomic design in the workplace can cause serious health problems, ranging from strained muscles to repetitive stress injuries (RSIs) or other musculoskeletal disorders (MSDs). Ergonomics can be an issue in office work, warehouses, agriculture, auto assembly, meat packing, health care, and many other occupations.

Ergonomics-related injuries have been steadily increasing in the U.S. over the past two decades. According to federal government statistics, RSIs and similar work-related MSDs are growing faster than any other type of job injury, and now represent about one third of all U.S. job injuries and illnesses. However, federal OSHA does not have an ergonomic standard and there are not many other state or local standards or regulations. A few states, including Washington and California, have ergonomic standards, but they are limited in scope.

Since regulations may not be in place or may not offer sufficient protection, some unions deal with ergonomics issues through contract negotiations. Unions have negotiated comprehensive ergonomics programs, the establishment of labor-management ergonomics committees, employer recognition of union appointed ergonomics representatives, and labor-management  procedures for analyzing the impact of new processes and equipment.

Comprehensive Ergonomic Programs

The Company and Union will establish a comprehensive ergonomics program. The program will include: (a) On-going systematic analysis of injury and illness records.  (b) Analysis of Workers’ Compensation claims, OSHA recordables, medical visits, Sickness and Accident records. (c) Job analysis to identify high risk jobs. (d) Application of engineering and/or administrative controls to eliminate or reduce risk. (e) Worker involvement in the identification of hazards and selection of control methods. (f) Training for engineers, workers and supervision. (g) Establishment of design criteria for engineers as per NIOSH standards. (h) Active involvement of the medical department in the identification of problems, medical evaluation, treatment, rehabilitation, record keeping and job placement of restricted workers.

The elements of the program include Injury and Illness Analysis, Job Evaluation, Implementation of Control Measures, Medical Management and Training. The program is administered by the Joint Safety Committee. The Company will designate a management representative to work on ergonomics with the Union Health and Safety Chair or a designated member of the Health and Safety Committee. These two individuals will make up the Joint Ergonomics Committee. Jointly they will perform all job evaluations and duties of the Joint Ergonomics Committee. The Management representative and the Union Representative will co-chair the committee. Meetings will take place once a month and minutes will be kept.

United Auto Workers Local 652 and Ryder Integrated Logistics, Inc., 2021-2024

Fixing Hazards

General Motors and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America recognize that Ergonomically-related MusculoSkeletal Disorders (EMSDs) are occupational illnesses present in the automobile industry.

General Motors re-committed to fixing jobs that are identified as presenting a corresponding and documented risk of employee injury. The parties recognize that effective corrective action for jobs which present a documented risk of injury, require the timely use of sound judgment in combination with training, experience, and the following:

• Analysis results from the risk factor checklist and secondary analysis tools (when utilized)
• Injury/illness history of both the job and the worker
• The history and future plans of the job

Additionally during these negotiations, the parties agreed to utilize the NIOSH 1991 Lifting Equation as a tool (as referenced in the Excerpts From The Minutes of Health and Safety Committee —Ergonomics Analysis Tools). It is also the responsibility of each site to maintain all equipment associated with ergonomics in accordance with the manufacturer’s recommendations.

United Auto Workers and General Motors, LLC, 2019

Ergonomic Evaluations

Upon request, employees can request and schedule ergonomic evaluations of their workstations to ensure workplace safety as they transition to new work environments. For example, as an employee transitions from Operations Support to virtual support, the employee can work with their manager to obtain an ergonomic evaluation of their work environment.

Service Employees International Unions-United Health Workers West and Kaiser Permanente, 2023

UConn Health will continue its practice of evaluating ergonomic hazards and recommending interventions. Every six (6) months, management will provide the Union with documentation of all completed ergonomic evaluations, identifying the specific department, the job title, the date of the evaluation and indicating whether the recommended interventions have been implemented. Such documentation will also provide reasons why recommendations (if any) were not followed. Application of this provision will be in accordance with state and federal law. Personally identifiable information will not be provided unless permitted by law.

University Health Professionals Local 3837 and UConn Health, 2021-2025

An ergonomically sound environment is essential to the health and welfare of all call center employees.

1. Departments shall perform a general ergonomic evaluation of each call center. Each call center shall provide notification of the ergonomic evaluation to each employee, along with a copy of an ergonomic evaluation request form, at least two (2) weeks prior to the ergonomic evaluation. Supervisors shall give the completed employee ergonomic evaluation request forms received prior to the evaluation to the ergonomic evaluator for review. The ergonomic evaluation shall, if possible, be done in conjunction with the ergonomic training described below.
2. Each call center shall provide the Union with a copy of the final ergonomic evaluation report within thirty (30) days after the evaluation is performed. Call centers shall implement any reasonable and feasible evaluation recommendations within ninety (90) days of the completion of the evaluation.
3. Upon the Union’s request, departments shall meet to discuss the ergonomic evaluation and recommendations related to call centers.
4. Departments shall provide ergonomic training to all employees assigned to each call center. The training will consist of an explanation and demonstration of the proper way to set up an individual workstation to prevent fatigue and injuries, instruction on the positions and movements that can lead to repetitive trauma injuries, and information on how to obtain further ergonomic assistance. Each year the training will be given at least once.
5. The employee may make a request to the employee’s supervisor for an ergonomic evaluation at any time. The employee shall document the concern and the request for evaluation on a form provided by the supervisor. In the event the ergonomic concern is not resolved at the supervisor’s level, the supervisor shall send the ergonomic evaluation request form to the Risk Management Department for evaluation within five (5) working days after non-resolution of the problem. Risk Management shall reply in a reasonable time.
6. Every employee assigned to a call center will also be given access to information on workstation ergonomics.

Service Employees International Union Local 1000 and the State of California, 2020

Training

For employees provided office equipment, the University will make available ergonomics training for members that includes basic knowledge of the prevention of work-related musculoskeletal disorders; and includes an explanation of the mechanism for measuring exposure to risk and reduction of risk by the University to meet the standard of a healthy workplace.

Grant and Contract Funded Employees Association of the Massachusetts Teachers Association and the University of Massachusetts Lowell, 2022-2024

The Employer shall insure that all employees and new hires have received adequate training and education on back injury prevention. There shall be a minimum of four (4) hours of hands on training annually which will be conducted on the clock. As part of this training, all employees will have the opportunity to practice what they learn with a variety of residents at the Facility. Employees attending this training will be replaced so as not to leave any floor or department short staffed. The training shall incorporate the active participation of staff and will include:

• the problem of cumulative trauma disorders;
• effective methods for preventing these injuries, including transfer techniques using lift and transfer equipment;
• the communication system used by the Home to inform staff as to which equipment and/or assisted devices are to be utilized and how many staff members are to be present during the lift/transfer of every resident, as well as how this communication system is updated;
• the importance of early reporting of symptoms and injuries; and
• the special need of combative residents.

This training and education program shall be reviewed by the Union prior to its implementation.

Service Employees International Union District 1199P and Church of the Brethren Home, 1999-2002

Ergonomics Committees and Representatives

1. A joint labor/management ergonomics committee will be established. It will be comprised of plant managers, safety director, medical personnel and an equal number of representative persons chosen by the Union.
2. The Committee will meet, at a minimum, once a month to review progress on ergonomic issues (or on the ergonomic program) and to prioritize problem areas. The Ergonomics Committee will be provided with a copy of the plant OSHA 200 logs on a monthly basis.
3. The company recognizes that worker involvement is crucial to the success of any ergonomics program. The following will be established:
4. The union will designate up to 7 individuals as Ergonomic Monitors (EM).
5. Each initial EM will be provided one (1) week of in-depth training by the company’s ergonomic Consultant within 90 days of designation. Training of replacement EM’s will be completed as soon as practicable after appointment. The training will be designed to assist these monitors in developing the skills to assist in identifying and analyzing jobs for ergonomic stress and to be able to recommend potential solutions.
6. The EM’s will conduct surveys of their work area, using on-site inspections, to spot problem areas and offer potential solutions. The EM’s will use both the IBP Ergonomic Report Forms and Ergonomic Job Checklist forms to conduct such inspections. Such inspections will occur every two weeks, and will not exceed 5 hours of paid time per month, unless prior approval is obtained from the plant manager.
7. The EM will act as a contact person for area employees as problems arise. All employees will be instructed on how to contact these monitors and/or Safety Committee members when a problem arises.
8. The EM will be notified of all testing of recommended solutions prior to such testing and will assist in evaluating the modified job after any ergonomic interventions using the Ergonomic Job Checklist and Employee Ergonomic Feedback Form.
9. Meet with the Ergonomic Committee at least every other month where they will discuss program progress and provide feedback to committee on testing and implementation of program.
10. The Company will maintain an ergonomic activity log that will keep track of all suggestions made by the ergonomic monitors and other plant personnel (including the ergonomic consultant).
11. The Company agrees not to implement any recommendation regarding the reduction of ergonomic stress that is contrary to the terms of the instant collective bargaining agreement, unless the Union expressly agrees to modify or amend the contract so as to permit implementation of the proposed controls or recommendations.

United Food and Commercial Workers and Iowa Beef Processors, Inc., 1988

Ergonomics Studies

The Company will contract and pay for an ergonomist’s study of the plant conducted by a consultant chosen by the joint Labor-Management Committee, to study ergonomic stress throughout the plant and make recommendations on methods to abate/relieve such stress. The Company will test such recommendations and implement all that are economically and technologically feasible.

UFCW Model Language

Workload and Job Tasks

Hotel housekeeping: When a room attendant is assigned to three (3) different floors during a daily shift (or when he/she is assigned a Deep Cleaning on a scheduled shift), the daily room quota for that attendant shall be reduced by one (1) room. When a room attendant is assigned to four (4) different floors during a daily shift, the daily room quota for that attendant shall be reduced by two (2) rooms.

Room attendants with at least twenty (20) years of service with the Employer shall have their daily room quotas reduced by one (1) room.

Housekeepers will not be required to move unusually heavy furniture or turn mattresses.

The Safety Committee will address issues concerning repetitive strain injuries, quotas, training, and retention.

UNITE HERE Local 274 and Hilton Garden Inn, 2015-2019

Heavy Lifting

Each hospital location shall implement and maintain a lift policy for all patient care units, and shall provide training for employees in the implementation of the unit lift programs in UC medical centers…. Each hospital location will provide training to health care workers on the appropriate use of lifting devices and equipment. Training for these health care workers shall include body mechanics and the use of lifting devices to safely handle patients.

California Nurses Association and the University of California, 2022-2025

The parties agree that the health and safety of the employees are of the utmost importance. The Employer agrees that UPS management will not insist that any unsafe action be undertaken and the Union agrees to encourage its members to cooperate in effectuating the handling, pick-up and delivery of parcels without exposing themselves to safety hazards. . . .

No employee shall be required to handle any over 70 pound packages alone if it is the employee’s good faith belief that such handling would be a safety hazard to herself or himself. In such cases, the Employer shall provide whichever of the following is requested in good faith by the employee in handling over 70 pound packages:

• Another bargaining unit employee for assistance, or
• Appropriate lifting/handling devices, or
• Another bargaining unit employee and an appropriate lifting/ handling device for handling, pick-up, or delivery circumstances that require both bargaining unit help and an appropriate lifting/handling device. . . .

The Employer agrees that it will periodically instruct its customers to place at least one (1) over 70 pound label on all such packages shipped, enter the weight of the packages on the label and notify the pick-up driver of the over 70 pound packages to be picked up. The driver shall complete and affix as many additional over 70 pound labels and/or identifying tape as is reasonably necessary to provide proper visual identification of the package for safe movement through the system. The label and tape shall be of bright contrasting colors . . .

International Brotherhood of Teamsters and United Parcel Service,2018-2023 

The Employer agrees to complete a census of all residents to determine the manner in which residents are to be lifted and transferred including, but not limited to, the use of mechanical hoists and sufficient number of employees required for team lifting where appropriate. The Employer shall ensure that sufficient staff will be present on the shift so that team lifts can occur when required. The Joint Health and Safety Committee may review lifting procedures and provide comment or recommendation.

Service Employees International Union District 1199P and University Park Nursing Center, 1996-1999

Hazardous Substances

 (The 2024 update on this topic is in process.)

Chemical exposure on the job is covered by many standards and regulations. Examples include OSHA standards on hazard communication and respiratory protection. In addition, OSHA has standards regulating dozens of specific hazardous substances. Other government agencies have some standards as well. The union may want to negotiate language that goes beyond existing standards and regulations to provide additional protection to workers and surrounding communities.

Specific Chemicals

The Grower will comply with the most current Environmental Protection Agency Worker Protection Standards.

In addition, the Grower will make a reasonable attempt to verbally notify workers and the Union Representative in advance of any pesticide application to the Grower’s pickle field where workers will be working or any application to Grower’s adjacent fields or to Grower’s fields adjoining Grower’s labor camp(s).

The growers will provide at the end of the season to the Union, a summary of the pesticides applied to the pickle crop. In the event that the Union has reasonable cause to believe there is medical indication for such information, the Grower shall provide detailed information to the affected worker’s attending physician as to pesticide use on a given farm. Such information shall remain confidential and not be furnished to parties other than necessary medical personnel, except by mutual agreement of the parties.

The grower shall place in each field signs indicating that pesticides will be applied, and the date and time when workers may legally re-enter the field, if such restriction applies. Such signs shall be placed at any reasonable entrances.

Farm Labor Organizing Committee and Vlasic Pickle Growers Association, 1994-99

Annual Health Survey of Workers

Upon request of the Union or Local Union, the Appointing Authority shall conduct an annual health survey for the purpose of identifying the incidence of known occupational hazards for those employees who by nature of their jobs face serious health dangers through continued exposure to radiation, and toxic or hazardous chemicals.

AFSCME and the State of Minnesota, 2021-2023

NIOSH/MESA approved, self-contained breathing equipment will be located in close proximity to all chlorine feeding locations or available in vehicles used to service those areas. In no case will less than two employees be used to change ton cylinders of chlorine. Alarm systems will be installed in locations where ton cylinders of chlorine are used.

AFSCME Local 101 and Montgomery County, Ohio, 1994-95

The Company shall implement in a timely manner consistent with the hazards a reasonable program for the control of carbon monoxide which shall include but not be limited to the following . . .

Evaluation and, where necessary, amendment of safe job procedures for gas system maintenance programs with respect to equipment whose failure might result in exposure to dangerous concentrations of carbon monoxide. Copies of these procedures shall be included in the control program.

Installation of adequate automatic carbon monoxide sensing devices equipped with alarms and use of portable carbon monoxide monitors where necessary to protect Employees whose work assignments so require.

Monitors, alarms and other parts of the detection and warning system shall be tested on a periodic basis sufficiently frequently to insure reliable operation. The control program shall include a general description of the location of the sensing devices and the general circumstances under which portable detectors shall be used and the frequency for periodic testing of the monitoring system.

USWA and Bethlehem Steel, 1993-99

Community Exposure

A Joint Hazard Prevention Committee will be established for the purpose of analyzing and correcting unsafe and unhealthful working conditions inside the plant, to insure that the operation of the plant does not pose a threat to the outside environment, to oversee training on health, safety, and environmental issues, and to establish a relationship with the community on these issues.

The Union Co-chairperson of the Committee and the Management Co- chairperson of the Committee will have the right, either together or separately, to shut down any operation that he/she believes presents an imminent danger to the health and safety of an employee or presents a danger to the outside environment.

The Committee will conduct regular inspections of the different areas of the plant to ensure that conditions are not hazardous. Reports of these inspections will be given to the Work Group(s) and Production and Support Council(s) in the areas inspected.

UAW Local 726 and Harvard Industries, 1991

Heat and Cold

As extreme temperatures become more common as a result of climate change, the need for worker protections against heat and cold become increasingly urgent. OSHA standards do not explicitly cover worker exposure to hot and cold environments, and currently only five out of 50 states have workplace safety rules to protect against exposure to heat. For example, in California an outdoor heat standard was adopted in 2006 requiring that employers provide accessible water, shade, and preventative rest breaks to cool down when temperatures reach certain levels. A similar standard for indoor workers is in development but has not yet been approved (as of 2023). The National Institute for Occupational Safety and Health (NIOSH) has also issued recommended guidelines for exposure to heat. Some unions have negotiated contract language to protect their members from extreme temperatures. For example,  some clauses specify the range of permitted temperatures in the workplace, and others call for administrative controls, personal protective equipment, and training to prevent heat illness or hypothermia.

General Temperature Control

Employees shall not be required to work in spaces below 60 degrees F or above 85 degrees F unless the regular responsibilities of their position require working in such conditions.

Education Association of St. Mary’s County and the Board of Education of St. Mary’s County for Certificated Professionals, 2023-2024

If the supervisor/department head determines, after investigating the matter, that the temperature inside a work location is above 80 F or below 65 F, the person in charge of such work location shall immediately contact the person responsible for the building to determine the conditions and probable length of time necessary to correct the problem.

If the condition cannot be corrected within a reasonable period, the supervisor/department head shall reassign bargaining unit members to another area until the conditions are corrected. If no suitable alternative space is available, and the conditions cannot be corrected within a reasonable period of time as determined by the supervisor/department head, employees will be released from work without loss of pay or benefits until the condition is corrected or suitable work space is made available.

Where normal working conditions require warmer or colder temperatures, the health and safety measures outlined in the first paragraph are waived as long as the employee(s) is(are) provided with appropriate breaks and personal protective equipment.

Massachusetts Teachers Association and University of Massachusetts Lowell, 2021-2024

[All] newly leased or purchased vehicles assigned to the UPS Cartage Services, Inc. (C.S.I.) Master Southern Region Addenda locations will be equipped with air conditioning. If a vehicle is equipped with air conditioning, the air conditioning will be maintained.

Teamsters Southern Region and United Parcel Services, 2018-2023

Heat Hazards

Heat Illness Prevention

The Employer shall monitor environmental conditions as close to the individual worksite as possible, including a daily check of the US National Weather Service or use of the OSHA.gov or similar source of temperature data. The Employer shall:

1. Provide each building with an adequate amount of potable drinking water sufficient for the number of employees working on each shift.
2. Provide, on a one-time basis, to each regular package car driver a one-gallon durable insulated container, who has not received an insulated water jug from the Company.
3. Provide each building with an adequate number of ice machines sufficient for the number of employees working on each shift, which are maintained in good working order, clean, and in sanitary condition or have ice delivered and available.
4. Train employees to report heat-related symptoms and request emergency assistance.
5. Designate one or more employees in each building per shift, who are dedicated to heat-related injury and illness prevention and who are authorized to call for emergency medical services. Other employees shall be able to call for emergency services when no designated employee is available.
6. Provide a graduated workload to new Employees for purposes of acclimatization for the first five (5) to seven (7) working days and monitor for signs and symptoms of heat injury and illness.
7. Install additional (minimum of 18,000) fans to improve air circulation throughout the buildings during the 2023-2028 CBA.
8. Install additional (minimum of 2,500) water fountains throughout the buildings during the 2023- 2028 CBA.
9. Allow overhead doors to be opened, where security and weather conditions allow, to induce cross ventilation.
10. Monitor employees for heat-related illness and injury.
11. Communicate heat related injury and illness events during the pre-shift communication (PCM) meetings to review prevention steps.
12. Identify areas that can be used for shade or cool zones.
13. Employees shall be allowed to follow best practices as outlined in the employer’s heat stress training.

National Masters United Parcel Service Agreement, 2023-2028

Breaks, Hydration and Early Dismissal

The Company agrees that when the temperature and humidity in the plant reach a level that the comfort and health of the employees is in question, the Company will meet with the committee to discuss and attempt to agree on a course of action. Such action may include the extension of increase in the number of breaks, the providing of refreshments, and in extreme cases the opportunity for employees to leave work early.

Canada Auto Workers Local 1986 and Crowe Foundry, Ltd , 2001-2004

The Employer shall hourly monitor heat and humidity conditions in the Distribution Center… If the Heat Index exceeds 100 for more than one (1) hour then the distribution center will shut down and employees will be sent home under the Interruption of Operations ‘Act of God’ provisions of this agreement.

International Longshore and Warehouse Union Local 26 and Rite Aid, 2017 

When the official temperature reaches 95.0°F. (35.0°C.), the following procedure will Apply:

The official temperatures will be taken from two (2) thermometers in locations chosen by the Joint Health and Safety committee. Each existing break will be lengthened by ten (10) minutes until such time as the temperature reading is below 95.0°F. (35.0°C.).

UNITE Local 314 and Tiercon Industries, Inc. Plastics Division, 2003 – 2006

Should the temperature in an employee’s work area exceed 38 degrees Celsius [100.4 F], using a Humidex Scale, with an appropriate method of measurement, an employee will be allowed additional rest periods or breaks. The Company will excuse an employee from work, under these conditions, because of heat sickness, in the same manner as any other employee who suffers an illness at work. The Company will continue to follow its current practice in this regard. At 45 degrees Celsius, department Supervisor, Company Health & safety and Union Co-chair shall determine appropriate level of action required.

Unifor Local 1941 and Autoliv Canada, 2020 – 2023

The Employer shall provide at no cost to employees, electrolyte-based liquids throughout the workplace during the months of May, June, July, August, September and October and at other times as determined by a union-management hazard assessment. This includes time to consume liquids and rest, to prevent dehydration. In addition, the Employer agrees to provide and maintain air-conditioned break areas/rooms, cooling fans and local exhaust ventilation at points of high-heat production.

United Steel Workers model language, 2023

Heat Relief and Cool-Down Periods

A heat illness preventative cool-down recovery period of no less than five (5) minutes shall be made available for employees working in high heat conditions in order to prevent heat illness. Employees believing a preventative cool-down recovery period is needed to avoid heat illness or suffering from heat illness shall be provided access to an area with shade that is either open to the air or provided with ventilation or cooling. Such access to shade shall be permitted at all times. Cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the Individual Employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool.

Employees should not discount any discomfort or symptoms they are experiencing. They should immediately report any problems they are experiencing to a supervisor and coworker. Employees must notify their supervisors immediately if they believe they require access to shade, or alternative cooling measures and/or a preventative recovery period.

If an Individual Employer fails to provide an Employee a preventative cool-down recovery period in accordance with this Section, the Individual Employer shall pay the Employee one additional hour of pay at the Employee’s regular rate of compensation, excluding fringe benefits, for each work day that a requested preventative recovery period is not provided. No employee shall be discriminated against for exercising his rights pursuant to this Section. Any dispute or grievance concerning meal, rest, and/or heat illness recovery periods shall first be processed under and in accordance with Article IX, Grievance Procedures.

AGC/Pile Drivers, Divers, Carpenters, Bridge, Wharf And Dock Builders Local Union #34 and Associated General Contractors of California,2014-2019

Heat Stress Training

By April 1 of each year: Several people, chosen by the union, from each shift will be trained to conduct heat stress monitoring.

Unifor Local 4451 and Cooper Standard Automotive (Canada) Limited, Ontario, 2014

Heat Prevention Labor-Management Committees

Within ten (10) days of ratification of this Agreement, an  IBT/UPS Package Car Heat Committee will be created, consisting of three (3) individuals appointed by the Union and three (3) individuals appointed by the Employer, and shall meet to begin discussing appropriate methods for venting and insulating the package car cargo compartments. The Committee also shall identify potential venting and insulation solutions for evaluation and field testing, including, but not limited to, the installation of an insulation product on the floor of package car cargo compartments. By October 1, 2024, the Committee shall issue its determination as to an additional appropriate venting and/or insulation solution(s) to reduce the temperature in package car cargo compartments. Should the Committee be unable to agree by that date, the matter shall immediately be referred to the Union and Employer Chairs of the National Negotiating Committee for resolution.

National Masters United Parcel Service Agreement, 2023-2028

Cold Hazards

Temperature Control

Centers will be heated, where practical. On a facility-by-facility basis, to include temporary facilities, the Employer will evaluate whether additional ventilation or heat is needed for purposes of safety and health. This will include clerical work areas outside of office structures in the UPS facilities. Should any employee(s) have concerns with respect to ventilation or heat issues, they shall be addressed by the appropriate local CHSP Committee. Should the local CHSP Committee not satisfactorily address the issue, a grievance may be filed and would be sent directly to the National Safety and Health Grievance Committee.

The Employer shall install and maintain heaters and defrosters on all trucks and all safety equipment required by law. Complaints regarding heaters or defrosters not being in proper working order shall be addressed pursuant to the red-tagging procedures under Article 18, Section 2. All new step van package cars will be manufactured with a minimum of 44,000 BTU heaters. In extreme cold climates concerns over in cab conditions may be brought before the local Safety and Health Committee for review and resolution.

National Masters United Parcel Service Agreement, 2018-2023

Warm Up Periods and Limited Time in Cold Settings

FREEZER WORK. In addition to paid meal breaks team members working in the freezer store will receive 10 minutes paid warm up time for each hour worked. The timings of such breaks may vary.

Union of Shop, Distributive, and Allied Workers and Wincanton Ltd. , 2010

Except in the customary performance of duties in taking care of the merchandise in the walk-in coolers, no employee shall be required to work a full eight (8) hour shift in the coolers.

UFCW Locals 135, 324, 770, 1167, 1428, 1442 & 8-Gs and Albertsons, LLC/Vons Companies, Inc., 2022-2025

Indoor Air Quality

(The 2024 update on this topic is in process.)

Many workers in newer public and commercial buildings have raised concerns about the quality of indoor air. Complaints include unpleasant odor, cough, eye irritation, headache, and allergic reactions. Among suspected causes are lack of natural ventilation, inadequate or poorly adjusted mechanical ventilation systems, molds or bacteria in ventilation systems, and emissions from office equipment, furniture, and carpets.

OSHA standards do not explicitly govern air quality in these non-industrial settings. However, other government agencies and private organizations have developed guidelines that labor can use in discussions with management to prevent or minimize indoor air quality problems.

Employer Will Meet or Exceed Standards

The Employer agrees to make a good faith effort to meet standards outlined herein and including the outdoor air requirements for ventilation as outlined in ASHRAE Standard 62-89 (Table 2, Section 2.1 Commercial Buildings):

There shall be 20 cubic feet per minute (CFM) per person of fresh air in all parts of the NYCOSH offices at all times.

The mechanical ventilation system shall be on at all times bargaining unit members are in NYCOSH offices.

NYCOSH shall obtain a copy of the ventilation plan for all NYCOSH offices. These plans indicate the cfm delivered by the ventilation system, location of fans, diffusers, air exhaust vents, location of filters, etc. In addition, the plans shall indicate movement of air through other offices from which the air is recirculated to NYCOSH offices. A schedule for maintenance of the ventilation system shall be included in the plan.

When employees complain of indoor air quality problems, NYCOSH shall undertake the following steps:

• conduct an investigation of the ventilation system, looking particularly for any sources of chemical or microbial contamination that could contaminate the air supply at any point in the system.
• eliminate any sources of chemical or microbial contamination following the steps from NIOSH’s Guidance for Indoor Air Quality Investigations . . .
• supplement mechanical ventilation systems by opening all openable windows. This does not apply during the cooling season.
• if employee complaints persist, the ventilation system’s air supply rate will be increased to 25 cfm/person.

Relative humidity shall be kept between 30-60%.

Temperature shall be maintained at between 68-74 degrees Fahrenheit in the heating season, between 72-78 degrees in the cooling season, and between 68-78 degrees at all other times.

OCAW Local 8-149 and NYCOSH, 1991-92

1. The parties agree that all SSA employees are entitled to work in an environment containing safe and healthful indoor air quality.
2. The Administration shall provide safe and healthful indoor air quality by conforming to laws, guidelines, regulations and/or policies issued by federal regulatory agencies such as OSHA, EPA, and GSA.
3. Onsite investigations/inspections will be conducted when a problem concerning INDOOR AIR QUALITY or BUILDING RELATED ILLNESS is formally brought to management’s attention. These investigations/inspections shall meet the criteria of the GSA Federal Property Management Regulations and the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), the protocols of OSHA or the American Conference of Government Industrial Hygienists. . .
4. Microbial Contamination. The Employer agrees to eliminate or control all known and potential sources of microbial contamination by assessments and appropriate response to all areas where water collection and leakage has occurred including floors, roofs, HVAC cooling coils, drain pans, humidifiers containing reservoirs of stagnant water, air washers, fan coil units, and filters. Such response will normally require prompt cleaning and repair of contaminated areas.

Also, the Agency agrees to:

• Clean and disinfect or remove and discard porous organic materials that are contaminated (e.g., damp insulation in ventilation system, moldy ceiling tiles, and mildewed carpets);

• Clean and disinfect non-porous surfaces where microbial growth has occurred with detergents, microbicides or other biocides and insuring that these cleaners have been removed before air handling units are turned on. In leased space, the Administration will deal with the lessor and/or GSA to achieve these objectives.

AFGE and Social Security Administration, 1996

Infectious Diseases

Infectious diseases are a major concern for workers in healthcare, laboratories, social services, schools, and other jobs that involve working closely with people or with body fluids. The COVID-19 pandemic showed that workers in most industries can be impacted and are at risk for airborne infectious diseases. OSHA has a standard to protect workers from exposure to bloodborne pathogens, such as HIV and Hepatitis B, but there is no federal standard to protect workers against airborne viruses like COVID-19. California has a standard that addresses airborne transmissible diseases in healthcare and other specific sectors where workers have likely exposures, as well as a COVID-19 specific standard.

Some union contracts include measures to prevent exposures, inform and train workers, vaccinate those who are at risk, test for disease, and treat workers who may have been exposed. The COVID-19 pandemic highlighted the importance of having contract language that can address new pathogens, especially when OSHA standards provide inadequate protection.

Preventing Exposure

The Employer shall provide the strongest feasible protection to nurses from occupational transmission of blood borne and airborne infectious diseases, including but not limited to Tuberculosis and HIV/AIDS, through the use of engineering controls, work practice controls, personal protective equipment, training and education and the development of a comprehensive blood borne and airborne infectious disease program.

Service Employees International Union (SEIU) Local 1991 and Public Health Trust, Miami-Dade County, 2014-2017

Engineering and work practice controls shall be used to eliminate or minimize employee exposure.

Needleless systems shall be used for:

1. Withdrawal of body fluids;
2. Administration of medication or fluids; and
3. Any other procedure involving the potential for an exposure incident
4. for which a needleless system is available as an alternative to the use
5. of needle devices.

Needle Devices. If needleless systems are not used, needles with engineered sharps injury protection shall be used for:

1. Withdrawal of body fluids;
2. Accessing a vein or artery;
3. Administration of medication or fluids; and
4. Any other procedure involving the potential for an exposure incident for which a needle with engineered sharps injury protection is available.

Non-needle Sharps. If sharps other than needle devices are used, or if objects that become sharps are used, these devices and objects shall include engineered sharps injury protection.

Service Employees International Union (SEIU) Model Language

The State shall utilize the best guidelines available. Examples of guidelines may include the use of the Joint Advisory Notices issued by the Centers for Disease Control. For licensed hospitals, such training shall be consistent with the California Code of Regulations.

Service Employees International Union (SEIU) Local 1000 and the State of California, 2020-2023

The Employer shall provide the strongest feasible protection to employees from occupational transmission of bloodborne and airborne infectious diseases, including but not limited to Tuberculosis and HIV/AIDS, through the use of engineering controls, work practice controls, personal protective equipment, training and education and the development of a comprehensive bloodborne and airborne infectious disease program.

Service Employees International Union (SEIU) Local 1991 and Jackson Health System, Miami Dade County, 2014-2017

Union Participation

When infectious or contagious diseases are diagnosed among the inmate, resident, or Academy student population, upon request of the Local Union, the Appointing Authority shall meet promptly with the Local Union to determine what steps, if any, are necessary to educate employees about the diseases and to determine what steps, it any, are necessary to safeguard the health and safety of the employees as well as the inmates, residents, and students.

Minnesota State Employees Union, American Federation of State, County and Municipal Employees (AFSCME) and the State of Minnesota, 2021-2023

The State agrees that, upon request of SEIU Local 1000, a special meeting of the Professional Practice Group, provided for under Article 13.18.17, or the Health and Safety Committees provided for under section 10.2 (Health and Safety Committees) will be held at each facility to review the safety procedures, equipment, and materials relating to treating patients and clients with bloodborne diseases such as hepatitis or acquired immune deficiency syndrome.

Service Employees International Union (SEIU) Local 1000 and the State of California Master Agreement, 2020-2023

Information and Training

Upon written request, an employee shall be provided with information on all communicable diseases to which he/she may have routine workplace exposure. Information provided to employees shall include the symptoms of the diseases, modes of transmission, methods of self-protection, proper workplace procedures, special precautions and recommendations for immunization where appropriate. The communicable disease policy and any subsequent revisions will be disseminated to the Agency Health and Safety Committee(s).

Ohio Civil Service Employees Association /American Federation of State, County and Municipal Employees (AFSCME) and the State of Ohio, 2021-2024

Informed consent: Before requesting employees clean or enter potentially infected areas, the Employer will inform Employees of the reported potential infection and source of that report. There will be no retaliation against employees refusing to enter potentially infected areas. The employer will make every reasonable effort to reassign employees in such cases.

Service Employees International Union-United Service Workers West (SEIU-USWW) and Northern California Maintenance Contractors, 2020-2024

Upon written request, an employee shall be provided with information on all communicable diseases to which he/she may have routine workplace exposure. Information provided to employees shall include the symptoms of the diseases, modes of transmission, methods of self-protection, proper workplace procedures, special precautions and recommendations for immunization where appropriate. The communicable disease policy and any subsequent revisions will be disseminated to the Agency Health and Safety Committee(s).

Ohio Civil Service EmployeesAssociation /American Federation of State, County and Municipal Employees (AFSCME) and the State of Ohio, 2021-2024

State shall provide all employees in twenty-four (24) hour institutions in-service training on infectious disease control. New employees, and current employees who have not received training, shall be provided training on infectious disease control.

Training shall be provided for employees in the Departments of Health Care Services (DHCS), Public Health, CalVet, DIR, DDS, DSH, CDCR, and the California Environmental Protection Agency (CalEPA) whose laboratory, research, testing, or regulatory duties may expose them to infectious diseases.

When an outbreak of infectious, contagious, or communicable diseases/conditions is known at the worksite, the State shall notify potentially exposed employees.

4. Infectious Disease Control Training shall include, but not be limited to, bloodborne and airborne diseases.”

Service Employees International Union (SEIU) Local 1000 and the State of California, 2020- 2023

The CDCR, DSH, CalVet, and DDS shall utilize the best guidelines identified for the housing, control and treatment of inmates, wards, clients, and patients to ensure the protection of staff from exposure to bloodborne pathogens. Examples of guidelines the departments may use are the Joint Advisory Notices issued by the Department of Labor, Department of Health and Human Services, and guidelines issued by the Centers for Disease Control. Upon request, the Union and/or an employee will be provided a copy of the aforementioned publications and/or guidelines utilized by the departments above.

…Training will be tailored to the express or identified needs of the staff assigned and will be conducted as determined and identified by management. Upon request, the Union will be provided with the State’s approved training plan relative to bloodborne pathogens.

Service Employees International Union (SEIU) Local 1000 and the State of California, 2020-2023

Vaccinations and Testing

Employees will be allowed to take paid time off to receive testing and/or inoculations for Tuberculosis, hepatitis or other communicable diseases, provided there is a verifiable business reason for receiving inoculations.

Office of Professional Employees International Union (OPEIU) Local 8 and Solid Ground, 2020-2023

In case of a suspected outbreak of a communicable disease, the Employer shall offer tests for such within the appropriate affected area, at no cost to the employees, where it gives such tests to the residents. In cases of suspected exposure to TB, MRSA or Hepatitis B, the Employer shall offer free testing, shots and time off (as may be medically required) to DCFS, DHS, DNR, DPH, DVA and IDOC/DJJ employees in the affected area.

American Federation of State, County and Municipal Employees (AFSCME) and the State of Illinois, 2015- 2023

The Employer recognizes that some employees who work with individuals infected with hepatitis B virus may be at increased risk of acquiring hepatitis B infection. In accordance with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) guidelines, hepatitis B vaccinations shall be made available to all employees who have high risk occupational exposure to the virus. Low risk employees will have vaccinations made available post exposure, within the timelines required under federal regulations, i.e., if exposed to blood or other potentially infectious materials.

Post exposure evaluation and follow-up consultations will be made available for all employees who experience an exposure incident. “Occupational exposure” shall have the same meaning in this Agreement as is contained in the OSHA guidelines. Hepatitis B vaccinations shall be offered within ten (10) working days of initial assignment to employees who have occupational exposure to blood or other potentially infectious materials. Employees who decline the initial vaccination may, at a later date, request and obtain the vaccination from the Employer. All hepatitis B vaccinations and related medical procedures pertaining to its administration are to be made available at no cost to the employee.

Mandatory tuberculosis screening may be conducted annually for all employees in Agencies with higher incidence of risk. Based on the risk assessment, some employees or work areas may need to be tested more often than annually. Such additional testing will be based upon Centers for Disease Control (CDC) guidelines. The Employer will hold the employee harmless from any costs incurred as a result of additional tests or x-rays incurred as a result of an initial positive reaction. If a resident or inmate is found to carry a communicable disease, all appropriate precautions shall be taken.

Ohio Civil Service EmployeesAssociation/American Federation of State, County and Municipal Employees (AFSCME) and the State of Ohio, 2021-2024

Access to Inoculations, Diagnostic Clinics: Full-time and regularly scheduled part-time employees shall be allowed reasonable time off from their duties without loss of time or pay in order to participate in inoculations or diagnostic clinics which are sponsored for public employees or authorized by the Division of Public Health. Such time off must be approved by the immediate supervisor and not be unreasonably denied. 13.5. Special Services: The Safety Committee shall ascertain the desirability and/or necessity of providing physical and ophthalmologic examinations, immunization or other diagnostic screening of selected occupations.

New Hampshire State Employees Association/Service Employees International Union (SEIU) Local 1984 and the State of New Hampshire, 2011-2013

18.5 Tuberculosis Exposure Control Program. All employees working in patient care areas will be provided PPD screenings in accordance with Swedish Medical Center policy. Employees in high risk areas may be screened more frequently. Any employee who is a PPD converter as a result of an occupational exposure will be referred to a Public Health physician or appropriate medical specialist for follow up, including preventive therapy at no cost to the employee. It is the employee’s responsibility to get their TB test timely in accordance with Swedish’s Employee Health policy. Employees will be provided between thirty (30) and sixty (60) days advance notice of the need to get a TB test.

Service Employees International Union (SEIU) Local 1199NW, Hospital and Health Care Employees Union (RN Unit) and The Swedish Medical Center, 2020-2023

Certain employees may not be able to receive the COVID-19 vaccine or subsequent boosters, due to a religious belief or because of a protected health condition. All such individuals shall go through the Employer’s usual reasonable accommodation process, pursuant to Title VII of the Civil Rights Act or the Americans with Disability Act and the Rehabilitation Act. A reasonable accommodation includes, but is not limited to, remote work or telework (where possible), transfer of positions, shift changes or physical changes to the employee’s work area. In no case shall an employee suffer a reduction in opportunities for employment due to a protected exclusion from the ability to receive a COVID-19 vaccine or subsequent booster.

Service Employees International Union-United Service Workers West (SEIU-USWW) and  Northern California Maintenance Contractors, 2020-2024

Treatment

Employees who are exposed to bloodborne pathogens as a result of the employee’s employment will be advised of the employee’s ability to receive appropriate treatment and care as determined by the employee’s treating physician via the workers’ compensation system.

Service Employees International Union (SEIU) Local 1000 and the State of California, 2020-2023

Noise

(The 2024 update on this topic is in process.)

The OSHA noise standard requires that employers use feasible administrative or engineering controls to reduce workers’ noise exposure where levels exceed 90 decibels (dBA), averaged over an 8-hour workday. Hearing protection (such as earplugs) must be furnished where levels cannot be reduced by administrative or engineering controls. Employers in general industry must have hearing conservation programs when noise exposure equals or exceeds 85 dBA, averaged over 8 hours.

(The noise standard is found in the Code of Federal Regulations, title 29, section 1910.95.)

Many health and safety experts and unions believe that the OSHA standard does not ensure that all workers will be protected from hearing loss and other health effects. Therefore, some unions have negotiated more stringent protection.

Employer Responsibilities

The Employer shall keep noise at a level which will not cause aural or other injury.

The Newspaper Guild-CWA, Model Contract, February 1998

The Company will continue to administer a Noise Control and Hearing Conservation Program. The goal of the program will be to continuously reduce the percentage of employees required to wear hearing protection. A noise abatement plan will be developed on an annual basis and reviewed with the Local Union to provide an opportunity for suggestions intended to improve the plan. The Company recognizes the importance of considering the noise level when purchasing new equipment. The Company will make its best efforts to achieve an 80 dB standard, if and where technologically and financially feasible, and when the Company controls the purchasing decision.

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

New and Emerging Technology

As technology continues to advance at an unprecedented pace, workers and unions have faced new occupational hazards that are not addressed by traditional health and safety standards. Specifically, technological advancements, such as video conferencing, artificial intelligence (AI), and surveillance systems have significantly transformed the workplace. While these technologies may offer benefits, there are numerous potential risks and implications for worker safety and health. Surveillance has been increasingly used to keep an eye on employees without transparency or knowledge of how and what information is being collected from the worker. The use of algorithms to set work pace, assign schedules, and make decisions about terms of work can lead to diminished autonomy, limited worker recourse, increased stress, heightened workload, and racialized discrimination. Autonomous vehicles, drones, and robots can also introduce new risks, including malfunctioning dangers, ergonomic hazards, and exposure to new substances.

Through collective bargaining, unions can help to ensure that the introduction of these technologies is accompanied by comprehensive risk assessments and protective measures, appropriate training programs, and safeguards to protect worker privacy.

Defining Technological Change

Technological change shall be defined as any significant change in equipment or materials which results in a significant change in the work of any classification of employees in the bargaining unit or diminishes the number of workers in any classification of employees in the bargaining unit. Such changes could include, but are not limited to, the use of drones or driverless vehicles to transport, deliver or pick-up packages, or platooning.

Teamsters and United Parcel Service, 2018-2023

Introduction of New Technology in the Workplace

The Guild shall be given 6 months’ notice of intent to introduce new or modified equipment, machines, apparatus, or processes, which will create a new job classification or alter the job content of an existing job classification. The parties shall immediately enter into negotiations for an agreement governing the time and procedures for the introduction of such new or modified equipment, machines, apparatus or processes, which shall not be introduced unless such agreement is reached.

No employee shall be dismissed as a result of the introduction of new or modified equipment, machines, apparatus, or processes, and an employee whose displacement may be agreed to shall be retrained at the expense and on the time of the Employer, and continued in the employ of the Employer in a suitable job, at no reduction in classification and salary or impairment of benefits.

The Employer shall abide by laws and regulations applicable to such equipment, machines, apparatus or processes, and shall monitor and regularly inspect the operation thereof to assure continuous compliance with such laws and regulations. The results of such monitoring and inspections shall be made available to the Guild.

The Employer shall not establish standards of speed or accuracy in the use of such new equipment, machines, apparatus or processes, nor shall the Employer assign an employee to such new equipment, machines, apparatus or processes on the basis of proficiency in the operation Thereof.

The Newspaper Guild-Communications Workers of America, Model Contract, February 1998

The Employer will meet with the Union on a semiannual basis and inform the Union of its automated systems development programs. The Employer also agrees to give appropriate consideration to human factors in the design and development of automated systems. Human factors and ergonomics of new automated systems are a proper subject for discussion at the National Joint Labor-Management Safety Committee.

American Postal Workers Union and the U.S. Postal Service, 2021-2024

1. In the event of the introduction of new or different technology or methods which will have a significant impact on employees under this Agreement, the Company and the Union will meet and confer at least 60 days prior to the implementation of the new or different technology or methods to objectively review and evaluate the impact of the technological or method change. The following will be considered during the review and evaluation:
   1. A detailed description of the nature of the proposed technological or method changes.
   2. The approximate number, locations and employee classifications likely to be affected by the technological or method change.
   3. The impact on the job security of the employees in the affected classification(s).
   4. The reason for the change and the impact it will have on the Company’s operation.
   5. The Company’s plan to minimize the impact of the technological or method change on the employees affected.
2. If technological or method changes result, or are likely to result, in a reduction in force of employees covered by this Agreement, the Company will meet with the Union, in order to discuss and consider alternatives to the reduction in force that would minimize or eliminate the reduction in force.

International Association of Machinists and Aerospace Workers and United Airlines (tentative), 2023-2025

The company agrees not to implement any new technology or processes . . . that will pose an ergonomic hazard. The company agrees to consult the union before purchasing any new equipment which could pose an ergonomic hazard or is being purchased because it has been determined to reduce the risk of ergonomic hazards.

UFCW Model Language

The Leadership Committee shall establish a new technology development and implementation program (Technological Change Program) which shall include the following elements:

1. Advance Notice: The Company shall provide the Leadership Committee advance notice of any proposed significant technological change no later than the time the Company’s outline of various options with respect thereto is first developed. Such notice shall be in writing, shall contain to the extent possible supporting information outlined below, and shall include updates of new or revised information necessary to full and current understanding of the proposed change. In the case of emergency technological changes, the Company shall give the maximum notice and information possible under the circumstances.

2. Information: Within the time periods referred to above, the Company shall give the Leadership Committee the following information:
   1. a description of the purpose and function of the technological change, and how it would fit into existing operations and processes;
   2. the estimated cost of the technology, a cost justification of it, and the proposed timetable for it; . . .
   3. the number and type of jobs (both inside and outside the bargaining unit) which would be changed, added, or eliminated by the technological change;
   4. the anticipated impact on the skill requirements of the work force;
   5. details of any training programs connected with the new technology;
   6. an outline of other options which were considered by the Company before formulating its proposed changes; and
   7. the expected impact of the change on the job content, pace of work, safety and health, training needs, and contracting out.

Union representatives on the Leadership Committee may request and receive reasonable access to Company personnel knowledgeable about proposed technological change . . . to review, discuss and receive follow up information.

United States Workers and Bethlehem Steel, 1993-99

Labor-Management Technology Committees

1. The Employer and the Union agree to establish a National Teamster/UPS Committee for Technological Change, consisting of an equal number of representatives from the Union and UPS. The Committee shall meet in conjunction with the National Grievance Panel upon request, but not less than three (3) times per year, as necessary to review any planned technological changes covered by this Section.
2. The Employer will advise the affected Local Unions and the National Teamster/UPS Committee for Technological Change of any proposed technological changes at least six (6) months prior to the implementation of such change except where the change was later determined in which case the Employer shall provide as much notice as possible. In all cases, the Company will provide notice of any technological change covered by this Section before the technology is implemented.
3. The Employer shall be required to provide the Local Union of the National Teamster/UPS Committee for Technological Change, upon written request, any relevant information to the extent available regarding the technological Changes.
4. The Employer shall be required to provide the National Teamster/ UPS Committee for Technological Change, any relevant information to the extent available regarding the technological changes.
5. The Employer will meet with the Local Union, or, if requested, the National Teamster/UPS Committee for Technological Change, promptly after notification to negotiate regarding the effects of the proposed technological changes.The Technological Change Committee shall also have the right to raise and attempt to resolve any claim that the Company’s technological change violates any provision of the National Master Agreement or the applicable Supplement, Rider or Addendum. If a technological change creates new work that replaces, enhances or modifies bargaining unit work, bargaining unit employees will perform that new or modified work. The Employer shall provide bargaining unit employees with training required to utilize the new technology, if necessary.
6. In the event that the Local Union and Employer cannot reach an agreement on effects, the matter shall be referred to the National Teamster/UPS Committee for Technological Change.

Teamsters and United Parcel Services, 2018-2023

1. The Employer and the Union agree to establish a National Teamster/UPS Committee for Technological Change, consisting of an equal number of representatives from the Union and UPS. The Committee shall meet in conjunction with the National Grievance Panel upon request, but not less than three (3) times per year, as necessary to review any planned technological changes covered by this Section.
2. The Employer will advise the affected Local Unions and the National Teamster/UPS Committee for Technological Change of any proposed technological changes at least six (6) months prior to the implementation of such change except where the change was later determined in which case the Employer shall provide as much notice as possible. In all cases, the Company will provide notice of any technological change covered by this Section before the technology is implemented.
3. The Employer shall be required to provide the Local Union of the National Teamster/UPS Committee for Technological Change, upon written request, any relevant information to the extent available regarding the technological Changes.
4. The Employer shall be required to provide the National Teamster/ UPS Committee for Technological Change, any relevant information to the extent available regarding the technological changes.
5. The Employer will meet with the Local Union, or, if requested, the National Teamster/UPS Committee for Technological Change, promptly after notification to negotiate regarding the effects of the proposed technological changes.The Technological Change Committee shall also have the right to raise and attempt to resolve any claim that the Company’s technological change violates any provision of the National Master Agreement or the applicable Supplement, Rider or Addendum. If a technological change creates new work that replaces, enhances or modifies bargaining unit work, bargaining unit employees will perform that new or modified work. The Employer shall provide bargaining unit employees with training required to utilize the new technology, if necessary.
6. In the event that the Local Union and Employer cannot reach an agreement on effects, the matter shall be referred to the National Teamster/UPS Committee for Technological Change.

Technology Planning and Policy Committee (TPPC): A committee that includes members appointed by the Union(s) and the District, shall meet to develop recommendations on district-wide IT policy, standards, and strategies; facilitate awareness of major IT initiatives; provide a collaborative forum for technology discussion; and inform on how technology can be utilized to transform institutional operations and enhance academic excellence

American Federation of Teachers, Local 1521 and Los Angeles Community College District, 2011-2014

GM and the UAW recognize the advantages of designing processes and equipment with effective health and safety controls. The parties established a joint team from Joint National Parties (JNP) Health and Safety, under the direction of the NJC, to work with the Design-In Safety group, established by the Company…

In addition, the parties recognize the importance of the Union’s involvement in identifying health and safety issues in the product development and transformation process. As such, it is understood between the parties that Management will notify the NJC during the product development process to review potential health and safety issues that impact bargaining unit employees. The NJC will utilize the joint team described above to review and address these health and safety issues. In this regard, any training concerns will be resolved by the NJC.

Outdated systems, equipment or devices in the Health and Safety areas will be replaced to reflect current technologies of UAW-GM plants. To maintain continuous improvement to support any additional training and instruction of new, specific or enhanced technologies at UAW-GM sites, the joint national parties (Health & Safety) will assess these technologies and recommend the expenditure of funds by the Company to the Executive Board —Joint Activities to purchase, procure, and install such technologies as jointly agreed.

United Auto Workers and General Motors, 2019

Algorithmic Software/Surveillance Systems

Prohibiting Surveillance

The employer will not monitor, surveil, or spy on employees through any means. The employer will not track via GPS or other tracking device the movements or location of employees. The employer will not install cameras or recording devices without the informed consent and mutual agreement of the union.  The Company will not view, examine, or monitor employee’s social media. Social media postings will not be the basis of, or admitted as evidence to any disciplinary action. Such postings will also not be examined during an employee evaluation, or review.

International Association of Machinists, Model Language

The Parties agree that surveillance equipment in the workplace shall be primarily used for the purposes of ensuring the security of Employer assets, and resident and employee safety. Surveillance equipment shall not normally be used for the purpose of regular monitoring of employees in the workplace.

Canadian Union of Public Employees Local 1004 and PHS Community Services Society, 2009-2015

Right-To-Know Clauses, Purpose, and Scope

The District agrees that if any GPS or Video surveillance technologies are to be used, the purpose of such use shall be the protection of persons and/or property and that such technology will not be used to monitor employee conduct or performance. GPS or Video surveillance technologies are measures toward improving safety and will not be used by management for the purpose of finding misconduct or issuing discipline, referred to as targeted surveillance.

In the event the District intends to implement any new GPS or Video Surveillance technologies the District will give the Union 60 days’ notice. Once the notice has been provided the parties shall meet to discuss privacy rights, implementation plans, and formal notice to the employees.

UNIFOR Local 2300 and District of Kitimat, 2021-2024

The Company must notify all employees and union representatives X days before the introduction or expansion of any type of employee monitoring/electronic surveillance devices, including, but not limited to cameras, audio recorders, GPS devices, RFID chips, biometric data, keystroke logging, computer screen monitoring.

The Company agrees that employees have a right to access any and all data collected on them, and that employees must be able to obtain without excessive delay copies of personal data relating to him or her. The employee also has the right to have personal data rectified, blocked, or erased and should be furnished the results of such data collection (if there are any). Information shall be furnished to the employee’s union representative only to the extent that such data is necessary to dutifully represent the employee.

International Association of Machinists, Model Language

For the purpose of this agreement, Electronic Data Gathering is defined as the systematic use of computerized technology to collect, store, report and analyze information about the work activities of employees. This is also referred to as Electronic Monitoring.

To provide a beneficial experience in an environment of trust and respect, all employees shall be made aware of the current capabilities, impacts, uses and changes of Electronic Data Gathering. The Company’s responsibility is to ensure clear definition and communication of Electronic Data Gathering to all employees as it relates to their work activities. The Company will also ensure managers have a working knowledge of systems that monitor their work groups and that uniform guidelines are utilized within the Organizations.

The following guidelines will apply:

1. Information and method of notification about new or changed Electronic Data Gathering systems shall be shared with the local union President or their designated representative and employees in the work group before implementation.
2. Results of the data gathered will be provided to employees in a timely manner based on the frequency of the information obtained.

Communications Workers of America and Quest Corporation, 2012

As referenced in this Agreement wearable technology refers to any equipment, program, software, device or attire which is designed to collect and/or analyze information or data related to a Player’s health or performance at any location (including on-field, offield and/or away from the ballpark). Such technologies include, without limitation: activity trackers, electronic bat sensors, biomechanics compression attire, GPS/tracking compression attire and any device, sensor, equipment, attire or dashboard technology which is designed to measure a Player’s health, performance and/or readiness…

Before a Player can voluntarily agree to use a wearable technology, the Club must first provide the Player a written explanation of the technology being proposed, along with a list of the Club representatives who will have access to the information and data collected, generated, stored and/or analyzed (the Wearable Data). If the wearable technology includes the ability to create a login or otherwise provide direct access to the Player’s personal data, the Club shall make that data available to the Player. In the event this functionality is not available, the Club must provide a copy of the Player’s data to the Player upon his request.

Major League Baseball Contract,  2017

Discipline

While the employer does surveillance of the worksite for safety reasons, it shall not be used to measure performance or for possible disciplinary reasons. Surveillance includes electronic supervisors, tape recordings, telephone monitoring systems, monitoring of employees’ electronic files or voice mail, or similar procedures or devices.

News Media Guild Local 31222 and Guardia News, 2017-22

No employee driver shall be discharged if such discharge is based solely upon information received from GPS, telematics, or any successor system that similarly tracks or surveils a driver’s movements unless he/she engages in dishonesty (defined for the purposes of this paragraph as any intentional act or omission by an employee where he/she intends to defraud the Company).

A driver’s failure to accurately recall what is reflected by the technology shall not by itself be considered dishonesty. The Company must confirm by direct observation or other corroborating evidence any other violations warranting discharge.

The degree of discipline dealing with off-area offenses shall not be changed because of the use of the above mentioned systems GPS. No driver shall be issued a warning notice based solely upon the above-mentioned systems without first having a verbal counseling session on an identical infraction (e.g. two seat belt violations). Any such discipline shall also comply with applicable Supplemental disciplinary procedures and requirements.

The Company acknowledges that there have been problems with the utilization of technology in the past. Therefore, at the request of the Union’s Joint National Negotiating Committee Co-Chair a meeting will be scheduled with the Company Co-Chair to discuss any misuse of technology for disciplinary purposes and what steps are necessary to remedy any misuse.

Teamsters and United Parcel Services,  201802023

Telework/Remote Work

The Union and the County agree that telework is an effective tool to promote operational efficiencies, support employee recruitment, retention, and engagement, lower overhead costs and parking expenses, fulfill our responsibility to reduce carbon footprints through trip reduction, advance digital government, contribute significantly to the work-life balance of participating employees, and safeguard health and safety during public health or other emergencies

AFL-CIO Local 501 and Los Angeles County, 2023

During FY 2020-21, the parties will meet to evaluate the benefits of establishing a Telework Policy in the absence of a public health emergency. These meetings will begin during calendar year 2020.

International Federation of Professional and Technical Engineers, Local 21 and the City of Oakland, 2020

Telework Following Exposure: Any employee who has been exposed to COVID-19 may request situational telework or appropriate available leave, depending on the employee’s physical ability to work.

American Federation of Government Employees and US Department of Housing and Urban Development, 2022

Where an employee’s duties can be successfully performed away from their primary duty station, an employee is eligible for remote work, upon agency approval.

Remote Work Requests. Requests to work remotely may be initiated by the employee and must be reviewed and approved by the employee’s supervisor to ensure the position is suitable for work and meets the agency’s business and operational needs, as well as those of the agency’s customers and the employee….Requests to work remotely shall be considered in order of application and responded to within thirty (30) calendar days.

Remote Work Denials or Rescissions. No request to work remotely shall be arbitrarily denied or rescinded. If an employee’s request to work remotely is denied, the supervisor must provide a timely written response to the employee documenting the reason(s) for the denial. If an employee’s request to work remotely is or rescinded, the supervisor must provide the employee with the reason(s) for the rescission in writing.  Once a written explanation of the reason(s) for rescission has been provided, the employer may rescind the remote work with a minimum of seven (7) days advance notice. The employee may rescind their remote work with a minimum of seven (7) days advance notice. Employees who have either rescinded their remote work or had their remote work rescinded by the employer shall be eligible to be considered for remote work in the future.

Inclement Weather/Hazardous Conditions and Existing Remote Work Agreements. Inclement conditions may arise in remote work locations. If utility providers experience outages that prevent an employee from working, employees may access inclement weather/hazardous conditions leave (Letter of Agreement 123.00-18-311), unless there is an alternate work location available (Article 123).

Remote Work Supplies. Remote work office supplies shall be provided by the Agency. Equipment, software or supplies which are provided by the Agency for remote work shall be for the purposes of conducting Agency business only.

Expectations and Goals. Remote work employees and their managers will develop a clear set of expectations and goals for the work to be performed on remote work days. Employees will review and acknowledge the State of Oregon Employees Working Remotely Acknowledgement Form in the state human resources information system.

Training. Appropriate training will be provided for participating managers and employees.

SEIU 503 Sub-Local 109 and Oregon Department of Fish and Wildlife, 2023

An employee’s residence or other pre-approved location may be used for telework provided it is conducive for telework and is deemed safe. Use of an employee’s residence for telework requires the mutual consent of both Management and the employee. If an employee is using their residence as an alternative worksite, it is the employee’s responsibility to ensure a proper and safe work environment is maintained. The Telework Safety Checklist, attached as Appendix C, will serve as evidence that the residential alternative worksite is in compliance with Agency guidelines. The Telework Safety Checklist signed by the employee will serve as official certification and shall be recertified quarterly.

International Federation of Professional and Technical Engineers Local 8A and National Ocean Service,  2020

Training

As the Department introduces technology, appropriate training (e.g., on-line instruction, desk-aids, Help lines, mentors, and/or classroom sessions) will be made available to employees affected by the introduction of new procedures and technology. Additional training will be provided for employees who demonstrate difficulty.

American Federation of Government Employees Local 12 and the US Department of Labor, 2013

Whenever OAH proposes to acquire or implement equipment or technological changes (including software and computer systems) that may materially impact employees in the bargaining unit, OAH shall notify and consult with the Union and, when requested, bargain over any material impact. Additionally, appropriate training for affected employees that will enable them to perform their jobs in accord with professional standards shall be among the principal considerations as part of such bargaining. OAH shall provide training for affected employees to acquire and maintain the skills and knowledge necessary for new equipment or procedures. The training shall be held during working hours. The Employer shall bear the expense of the training. The Employer shall provide training for employees who had previously not been required to use existing technology but who are then required to do so.

Federation of Administrative Law Judges-D.C. and The District of Columbia 2015-2019

The District shall sponsor workshops regarding the safe and healthful use of computers/microelectronic devices and associated equipment semiannually. Attendance at workshops for newly assigned computer operators shall be mandatory.

1. All employees shall have access to training by the District in new/updated/upgraded technologies (hardware/software/services) that they are required to use and operate. Employees are also encouraged to obtain training in new office technology as it is introduced in an office or operational unit; the District shall make every reasonable effort to make such training available to those who desire it. When the District requires an employee to be trained on new hardware or software, the cost of the training shall be borne by the District, and appropriate release time shall be granted to the employee. If additional certifications are required for an employee to maintain their current classification, the District will offer the training, at the District’s cost and determination of modality, which should reasonably allow the employee to timely obtain the certification.
2. The District shall provide onboarding and training on District information technology systems to all new, transferred, promoted, and reclassified employees when warranted. Such training shall be made available within a reasonable period of time, and it may include formal classes, in-service training

American Federation of Teachers Local 1521 and Los Angeles Community College District, 2011-2014

Vehicles

Many federal and state laws govern the safety of vehicles used on the job. Some unions have negotiated to ensure that vehicles meet or exceed these existing safety standards. Others have agreed to procedures that protect workers who report unsafe vehicles or refuse to operate them.

Safe Vehicles

Vehicles assigned to workforce by the department shall be inspected yearly by the mobile garage to make sure that the vehicles are kept in good and safe operating condition. Additional inspections will be done at the work area with any deficiencies reported and corrected within a reasonable amount of time. Any vehicle that is found to be unsafe shall be removed until repairs and inspection is completed.

American Federation Of State, County and Municipal Employees (AFSCME) Local 1542 and Miami-Dade County Aviation Department, 2023-2026

For all employees covered by this Agreement, the Employer shall… maintain in safe working condition all City owned motor vehicles…

American Federation Of State, County and Municipal Employees (AFSCME) Local 3999 (Council 18) and City of Santa Fe, New Mexico, 1995-97

Refusal to Operate

The Employer shall not require employees to take out on the streets or highways any vehicle, or use any type of equipment, that is not in a safe operating condition or equipped with the safety appliances prescribed by law. . . It shall not be a violation of this Agreement, or cause for disciplinary action, where employees refuse to operate equipment or a vehicle when such operation constitutes a violation of any state or federal rules, regulations, standards or orders applicable to commercial motor vehicle safety or health, or because of the employee’s reasonable apprehension of serious injury to himself/herself or the public due to the unsafe conditions as set out in any state or federal rules, regulations, standards or orders applicable to commercial motor vehicle safety or health to include Part 392.14 of the Federal Motor Carrier Regulations. All equipment which is refused, or has been written up for repair, because not mechanically sound or properly equipped, shall be appropriately tagged, and placed out of service, so that it cannot be used by other drivers, or employees until the Automotive/Maintenance Department has adjusted the complaint. Employees shall immediately, or at the end of their shifts, report all known defects of equipment on a suitable form furnished by the Employer. The Employer shall not ask or require any employee to utilize equipment that has been reported by any other employee as being in an unsafe condition. Such equipment will be red tagged, as necessary, by automotive/maintenance personnel. . . . Copies of the car-condition reports or Driver Vehicle Inspection Reports (DVIR) will be available in centers for review by drivers.

International Brotherhood of Teamsters and United Parcel Service, 2018-2023

Workload and Staffing

Often, production pressures are unattainable or possible only by working in an unsafe, unsustainable way. Since there may be consequences for not meeting unreasonable expectations regarding workload and work pace including loss of income or threats to job security, workers often attempt to meet the expectations to the detriment of their physical and mental health. Because of this, excessive workload often leads to injuries and illnesses. One major cause of excessive workload is understaffing, as employers try to cut costs by having less people do more work.

In addition, excessive workloads negatively affect workers’ work/life balance, including access to exercise, rest, and contemplative practices as well as time with family, friends, and community—all of which can help manage stress and improve mental and physical health.

Contract language can define safe and sustainable work expectations, set adequate staffing levels, ensure work is allocated predictably and equitably, and protect workers from the hazards associated with excessive workload.

Excessive Workload

An employee who believes that her workload is unsafe or consistently excessive shall discuss the problem with her immediate supervisor. If the problem is not resolved in this discussion, the employee may seek a remedy by means of the grievance procedure. If the matter is not resolved in the grievance procedure, it may be referred to troubleshooter.

British Columbia Nurses’ Union and Castleview Care Centre,  2017-2021

Equitable Distribution of Workload: It is the intent of the Employer to distribute the workload equitably among Employees in both single work units and departments with due regard for Employee safety.

Service Employees International Union, United Healthcare Workers West and Kaiser Permanente, 2023

Onerous workload exception. Longshoremen on cargo handling operations shall not be required to work when in good faith they believe that to do so will result in an onerous workload. The Union pledges in good faith that the onerous workload claim will not be used as a gimmick. The employer shall have the option of having the men claiming onerousness stand by until a decision is reached or working around the situation until it can be resolved.

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

Management recognizes that mentoring may consume a portion of the mentor’s time and consideration will be given to adjusting workloads as deemed necessary.

American Federation of Government Employees and Social Security Administration, 2019

A room cleaner or bed maker in Class A hotels . . . shall not be required to clean more than 14 rooms during an eight (8) hour shift. Effective August 14, 2000, when a room cleaner is assigned six (6) or more checkouts per day, the daily room assignment shall be reduced by one (1) room or credit; when a room cleaner is assigned nine (9) or more checkouts per day, the daily room assignment shall be reduced by two (2) rooms or credits. The hotel agrees to discuss with the Union, upon request, any concerns about room cleaners work load.

UNITE-HERE Local 2 and hotels, 2013-2018

Adequate Staffing

The Company agrees to employ sufficient personnel in every department so that each department is able to safely and efficiently complete their work. If the Company fails to employ sufficient personnel in each department in accordance with this Article and as recommended by the Heads of Departments, the Union may request additional personnel on the job to comply with the job requirements.

The International Alliance of Theatrical Stage Employees Local 849 and Production Companies, 2022

Workload When a Replacement Cannot Be Found. When an Employee is absent for any reason and if a replacement cannot be obtained in time, it is the intent of the Employer to distribute the workload equitably among the Employees in the work unit so that no undue hardship may be placed on an individual worker.

SEIU, United Healthcare Workers West, 2023

Beginning no later than October 1, 2022, a staffing committee will focus on researching staffing ratios necessary to maintain safe schools on a year-round basis. The committee will be composed of four (4) members selected by the Union, and four (4) selected by the Administration. Recommendations will be made to the CEO by March 1, 2023.

ACE/AFSCME Local 2250 and Board of Education, Prince George’s County, Maryland, 2022-2025

Where the absence of one or more employees may create a significant increase in the workload for other employees, the employer will make every effort to resolve the matter by:  Supervision will discuss duty priorities with the affected employee(s).  Re-assigning work.  Utilizing casual employees in accordance with the collective agreement.

Hospital Employees Union and Sodexo Canada LTD Worksites, 2016-2020

Workplace Violence

In California, workplace violence has become the third leading cause of workplace fatalities.  Weekly, an average of 20 U.S. workers are murdered and every year 1.3 million workers face nonfatal violent crimes. In California, 57 workers were murdered while working in 2021 and research indicates that 85% of workplace homicides are due to robberies and other crimes.

While Cal/OSHA is working to develop a Workplace Violence Prevention Standard that applies to all industries, there are only Cal/OSHA guidelines regarding workplace violence for healthcare institutions. Some unions, particularly those whose members handle money or have frequent contact with the general public, have included workplace violence language in their contracts. Clauses may include measures to prevent violence and manage violent situations, programs to inform and train workers, and follow-up support for workers after a violent incident.

Workplace violence can include but is not limited to physical and verbal assaults, battering, sexual assaults, or verbal or non-verbal intimidation and it can be defined further by assessing who is performing the violence. According to the Massachusetts Nurses Association, workplace violence can be aggressive and abusive behavior from patients, visitors, other workers, supervisors, managers, or even a patient’s family member. Sample contract language concerning workplace violence can be found below. A focus was placed on finding language that interprets the workplace as an environment that the employer has the agency and duty to alter to reduce risk factors known to contribute to workplace violence. The sample language is divided into the following sections: prevention; staffing; information and training; follow up support; and committees.

Prevention

The Employer agrees to maintain reasonably secure parking facilities for all employees. . . . Security will be provided for employees who work at night and on weekends.

AFSCME Local 544-1 and Lucas County Dept. of Job and Family Services, 2021-2022

[The employer will]

1. Ensure adequate lighting with an emphasis on safety throughout the college with special attention paid to time changes.
2. Assign instructional support to departments for classrooms and laboratories where specialized expertise is essential for safety and instruction as deemed appropriate by vice president or designee.
3. Lab equipment shall be inspected and maintained regularly by the appropriate staff.
4. An LACCD or college identification card shall be made available to faculty by June 1, 2021.
5. Functional and monitored security cameras shall be placed in outdoor and public spaces in accordance with the District’s security project.
6. The colleges will secure the campus at the close of each business day.

Lucas County Department of Job and Families Services Local 544-01, Collective Bargaining Agreement, 2022

 During hours of darkness, or when an employee’s workstation is in a remote area, Clerical/Technical unit employees may request that campus police provide a security escort for them. An escort shall be provided upon employee’s request. The escort may be a police aide, police officer, police cadet, or other District employee.

American Federation of Teachers Local 1521 and Los Angeles Community College District, 2020-2023

In work sites where actual violence is a continuing problem, the Commonwealth shall provide adequate safeguards, including security guards where necessary.

At those sites where employees are continually faced with threats of physical harm and/or verbal abuse, local representatives of the Employer and the Union shall meet to develop local policies to deal with such occurrences. If no agreement can be reached, then the Employer and the Union shall meet and discuss at the Agency level to develop local policies to deal with such occurrences. When a threat has been directed towards an employee as a result of the performance of his/her job duties, the Employer will take reasonable precautions to ensure the safety of the employee.

Service Employees International Union Local 668 and State of Pennsylvania, 2019-2023

Each department shall maintain a Workplace Violence and Bullying Prevention Program that meets the existing mutually agreed upon model program until an updated model program is made available to departments. The department program shall be in writing and distributed and/or made available to all employees.

Service Employees International Union (SEIU) Local 1000 and the State of California, 2020

Some employees are known to be at risk because they are subject to violence, threats, or harassment from a current or former client, spouse, partner, or other non-employee. Human Resources and Security personnel work with at-risk employees and their supervisors to develop safety plans that address the specific risks the employee faces while at work

Service Employees International Union (SEIU) 775 and Millennia Healthcare, 2021-2023

The hospital will initiate strong violence and abuse prevention programs including:

develop and implement policies and procedures for the prevention of violence or potential violence. develop and implement policies and procedures relating to the detection, removal, storage and disposition of any weapons found on patients, family members, visitors or others provide security surveillance of hospital grounds and parking areas. Both will be well-lighted. Upon request, the hospital will provide escorts to cars and physical protection to workers if necessary.

Massachusetts Nurses Association Model Language

All unit members shall be provided adequate communication devices to enable immediate communication with all other staff on campus in the event of an emergency…[including] a phone in every classroom and unit member workspaces [and] walkie-talkies. All classrooms shall have emergency procedures posted in a highly visible area of the classroom [as well as] phone instructions posted adjacent to the phone.

All schools shall have a schoolwide functioning two-way communication system that enables emergency alerts to all areas of the campus…[as well as]… a schoolwide functioning intercom system that enables communication to all classrooms on campus, no later than December 31, 2024…

At a minimum, each school safety plan shall address the following:

• 11.6.2.1. Communication procedures in the event of an emergency.
• 11.6.2.2. Intrusions by unauthorized individuals.
• 11.6.2.3. Use of school parking lots.
• 11.6.2.4. Weapons.

San Diego Education Association and San Diego Unified School District, 2022-2025

An employee will not be expected or required to provide emergency treatment in situations involving weapons if the employee has a reasonable belief the scene/area is not safe or secure.

Bargaining Unit employees will not be required to search a student, a student’s possessions, or a student’s locker.

Seattle Education Association and Seattle Public Schools, 2022-2025

Every employee shall have access to a ‘Work Environment Concern’ form located in the office of each work site. Written responses to every concern must be returned to the originator of the concern in a timely manner.

Oregon Education Association Model Language

Sexual Harassment and Sexual Violence

No manager or supervisor shall threaten or imply that an employee’s refusal to submit to sexual advances will adversely affect that person’s employment, compensation, advancement, assigned duties, or any other term or condition of employment or career development. Sexual joking, lewd pictures, and any conduct that treats employees of one gender as sex objects are prohibited.

…Employees who have complaints of sexual harassment may (and are encouraged to) report such complaints to their supervisor. If this person is the cause of the offending conduct, the employee may report the matter directly to the person designated by the Employer to receive such reports or through other proper channels established by the Employer, such as an employee hotline. Employer personnel will abide by proper standards of professionalism and respectful conduct towards employees while taking reports and performing investigations of sexual harassment. Confidentiality of reports and investigations of sexual harassment will be maintained to the greatest extent possible…In the case of investigations which involve one (1) or more employees covered under this Agreement, the Employer will make all possible efforts to complete the investigation within two (2) weeks, and both the Employer and the Union shall cooperate with one another in such investigations. Such cooperation shall include full access to all non-privileged investigatory documents prepared by the Employer. The employer shall ensure that the union receives all material information to thoroughly evaluate the underlying facts. Employer will maintain a hotline through which employees should file initial reports of sexual harassment or work-related assault.

…Any manager, supervisor or employee who, after appropriate investigation, is found to have engaged in sexual harassment of another employee will be subject to disciplinary action, up to and including dismissal. The Union will support the Employer’s decisions in this regard consistent with the duty of fair representation.

Service Employees International Union-United Service Workers West Janitorial Master Contract, 2016-2020

Staffing

BUILDING SAFETY OFFICERS – The Employer shall designate a [Building Safety Officer] in each building…who shall have the authority to evacuate any work areas where conditions exist which threaten the health and safety of the employees…An alternate shall be designated to assume this responsibility in the absence of a Building Safety Officer. [All] buildings shall have a Building Safety Officer or designee on the premises during working hours. Names of Building Officers and/or designee shall be posted in each building in a conspicuous place.

American Federation of State and County Municipal Employees Local 544-1 and Lucas County Department of Job and Family Services, 2021-2022

The hospital will initiate strong violence and abuse prevention programs including:

develop a trained Response Team, available 24 hours and 7 days a week that… that can be immediately called to assist a [worker] in any situation that involves violence.

Massachusetts Nurses Association Model Language

[A Workplace Violence Prevention and Intervention Task Force] will be comprised of an equal number of frontline staff [workers] and management representatives. Association Health and Safety staff and representatives from the Hospital’s Workplace Safety department will be available to work with the Task Force. Association-designated employees will be released with pay at their straight time rate for time attending Task Force meetings.

The SPS shall give priority consideration to the utilization of appropriate security personnel at functions such as athletic events, school plays, concerts and other school functions, to maintain discipline and order.

Seattle Education Association and Seattle Public Schools, 2022-2025

Information and Training

Any work-related injury will be reported to the Safety Committee and the Union’s Workers Compensation Representative.

American Federation of State and County Municipal Employees, Local 544-1 (Ohio Council 8) and Lucas County Department of Human Services, 2021-2022

In an effort to provide a safer work environment, and to make…employees aware of issues regarding violence in the workplace, the District and the AFT shall develop training programs, which shall include, but not be limited to, the following topics:

• Security measures already existing in the workplace.
• ‘Sensitivity training.
• Recognizing threatening or potentially threatening situations, and the proper procedure for reporting them to campus and/or local law enforcement.
• Personal safety training to assist employees in avoiding violent or potentially violent situations, and to prepare them to better deal with such situations should they arise.

Employees shall attend the initial training and shall receive appropriate release time for this and subsequent training. The AFT and the District shall develop procedures for training new employees . . .

American Federation of Teachers Local 1521 and Los Angeles Community College District, 1998

The State will endeavor to provide training to all employees at risk of assault on how to defuse potentially violent situations and verbal confrontations…Such training must be available at least once annually.

Service Employees International Union (SEIU) Local 1000 and the State of California, 2020

The Employer shall provide to all new bargaining-unit employees an orientation on the policies and rules regarding Sexual Harassment and Sexual Assault reasonably soon after the employees commence employment, within sixty days. Training shall be conducted in conformity with standards to be established by the State of California, Department of Industrial Relations (DIR), and shall cover at least the following topics:

1. definitions of workplace sexual harassment and assault;
2. potential consequences for perpetrators of workplace sexual harassment and assault;
3. information on representatives of the Employer to whom an employee can report cases of workplace sexual harassment and assault;
4. community and mental health resources locally available for survivors of workplace sexual harassment or assault; including the East L.A. Women’s Center Hotline;
5. strategies of defense.In addition, the Employer shall provide updated training on the topics listed above to all bargaining-unit employees at least once per year. The Employer shall maintain records to document the trainings listed above and participation by bargaining-unit employees.

The Employer shall provide the trainings listed above to all supervisory personnel, and in addition shall train them on their role in taking corrective action when incidents occur.

Service Employees International Union-United Service Workers West Janitorial Master Contracts, 2016-2020

Follow-Up Support

CA Labor Code 246.5 allows the use of sick leave for an employee who is a victim of domestic violence, sexual assault, or stalking.

Section 230.1 of the CA Labor Code specifies that employers with twenty-five (25) or more employees may not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence, as defined in section 6211 of the CA Family Code, for taking time off to seek medical attention for injuries caused by domestic violence, obtain psychological counseling related to an experience of domestic violence, obtain services from a domestic violence shelter, program, or rape crisis center, or to participate in safety planning to increase safety from future domestic violence. The provisions of this law apply to the State as an employer and to State employees.

Service Employees International Union and the State of California, 2020

Victims of violent incidents in the workplace might have to contend with a variety of medical, psychological, and legal consequences. The Employer shall work with victims of workplace violence by: Referring victims to an Employee Assistance Program (EAP), appropriate community resources, such as medical centers, counseling services, victim advocacy groups, legal aid, and domestic violence shelters; Providing flexible work hours or short-term or extended leave as required by leave policies; Cooperating with law enforcement personnel in the investigation of the crime and the prosecution of the offender; and Providing a debriefing for employees where appropriate 24 to 48 hours after a serious violent occurrence to explain what happened and what steps are being taken by the company to support affected employees.

Service Employees International Union  Local 775 and Millennia Healthcare, 2021-2023

An employee who is a victim of an assault arising out of his/her employment…will be granted sufficient time off without loss of pay or leave time to file related criminal charges. If the Employer is subsequently made aware of the necessity for the employee to testify at any criminal proceeding arising out of such work-related criminal charges, the employee shall be granted reasonable time off without loss of pay or leave time. In addition, the Employer shall reimburse the employee for costs, if any, for the filing of such criminal charges.

Service Employees International Union (SEIU) Local 668 and State of Pennsylvania, 2019-2023

If an employee is off due to injury form an unprovoked assault, serious accident, or is hospitalized because of physical injury, he/she shall receive his/her regular rate of pay for his/her regular assigned hours for each workday lost during the three-day waiting period provided by the California Workers’ Compensation Act.

Amalgamated Transit Union Local 192 and Alameda-Contra Costa Transit District, 2000

Assault leave shall be granted to an employee who is unable to work and who, therefore, is absent from his/her assigned duties because of disability resulting from a physical assault which is clearly unprovoked. Said leave shall not be charged against sick leave earned. Said employee shall be granted the aforementioned assault leave and shall be maintained on full pay status during such absence, up to a maximum of ninety (90) working days.

Ohio Association of Public School Employees Local 611 and Mathews Board of Education (Ohio), 2022-2025

[Under] a strong violence and abuse prevention programs [employers will]:

• report the injury or illness to the appropriate agencies i.e., Department of Industrial Accidents, police, etc.
• provide the affected [workers] with medical and psychological services as necessary
• provide workers injured by workplace violence with all necessary medical and psychological services.
• assure that all employees have the right to police protection (call 911) if an assault is being/has been committed. The employer will support the employee in this endeavor, and throughout the police/court process.
• assure that all affected employees are provided with copies of any documents relating to any incident of violence that affects them whether as victims or witnesses of the incident.
• assure that all incidents of violence will be reported to the facility Safety Committee for review and appropriate intervention.

Massachusetts Nurses Association Model Language

[A] Workplace Violence Prevention and Intervention Task Force (Task Force) [will be established] to review Workplace Violence Incidents to ascertain contributing factors, analyze data related to the incident’s workplace violence and worksite conditions, and determine priority situations for future interventions. A Workplace Violence Incident … is defined as an action (verbal, written, or physical aggression) which is intended to control, or causes, or is capable of causing, death or serious bodily injury to oneself or others, or damage property.

[The Task Force] will generate a post-incident report and set of recommendations to share with the affected [workers], the Hospital Workplace Violence Committee, and the Labor-Management Committee. A report’s findings and recommendations may be used when considering changes to work practices and/or administrative procedures.

New York State Nurses Association And New York Presbyterian Hospital Columbia University Medical Center, 2019-2022

Assault Priority Transfer:

Any employee who is the victim of an assault may apply for transfer to the next available open position at another work location in his/her certification area.

Reimbursement:

The District will reimburse [workers] for the reasonable cost of any clothing, dentures, eyeglasses, hearing aids or other similar items which are damaged or destroyed as a result of an assault and/or battery suffered by a [worker while they were] acting in the discharge of his/her duties within the scope of his/her employment.

Washington Education Association Model Language

The District shall provide full support, including legal and other assistance, to unit members who may be assaulted while in performance of their duties. When absence or disability arises out of or from assault, unit members shall suffer no loss in wages, benefits or leaves.

California Education Association Model Language

Upon receiving a report of sexual harassment or assault, the Employer will take reasonable steps to ensure the accused does not have contact with the person(s) they are alleged to have harassed or assaulted, until such time as the Employer has completed its investigation and made a determination as to the claim. The Employer may suspend accused employees without pay pending investigation. The Employer also may transfer accused employees between work sites on a temporary basis in order to comply with this Section. If an employee is suspended after being accused of sexual harassment at work, he/she will be paid for all hours lost if following the investigation the complaint is determined to have been unsubstantiated. The Union will support the Employer’s decisions in this regard consistent with the duty of fair representation.

Service Employees International Union-United Service Workers West Janitorial Master Contract, 2016-2020

Employer will not in any way retaliate against any individual who makes a report of sexual harassment nor permit any employee to do so. Retaliation is a serious violation of this sexual harassment policy and should be reported immediately. Any person found to have retaliated against another individual for reporting sexual harassment will be subject to appropriate disciplinary action, up to and including dismissal. The Union will support the Employer’s decisions in this regard consistent with the duty of fair representation. Examples of such retaliation include, but are not limited to, the following: discipline, unfavorable or disparate treatment, ostracization/isolation, or transfer to another worksite (except for voluntary transfers). If an employee is suspended after reporting having been the target of sexual harassment at work, he/she will be paid for all hours lost when the report is verified to be correct.

Service Employees International Union-United Service Workers West Janitorial Master Contract, 2016-2020

Committees

The Hospital Workplace Violence Committee shall establish a subcommittee, including the Association’s two (2) appointed representatives to conduct a workplace violence risk assessment to identify factors that would contribute to or enhance the likelihood or severity of workplace violence. Taking into consideration the three (3) types of workplace violence (i.e. patient, employee, visitor), the subcommittee will develop a survey tool, conduct an inspection of work areas to which nurses are assigned and review workplace violence data as collected and maintained by the Hospital Workplace Violence Committee. …After the workplace violence risk assessment is conducted, the subcommittee will consider specific measures to reduce and eliminate risks associated with violence directed at Registered Nurses, and make any recommendations to incorporate such measures into the Employer’s workplace violence prevention policy…

[A Workplace Violence Prevention and Intervention Task Force] will meet on an ad hoc basis after all Workplace Violence Incidents to develop quality improvement initiatives to reduce future incidents of workplace violence.

New York State Nurses Association And New York Presbyterian Hospital Columbia University Medical Center, 2019-2022