OCCUPATIONAL SAFETY AND HEALTH

The Agency shall abide by 29 CFR 1910, 29 CFR 1926, 29 CFR 1960, FAA Order 3900.19, P.L. 91-596, Executive Order 12196 concerning occupational safety and health, regulations of the Assistant Secretary of Labor for Occupational Safety and Health, and such other regulations as may be promulgated by appropriate authority.

The Agency shall make every reasonable effort to provide and maintain safe and healthful working conditions. Factors to be considered include, but are not limited to, proper heating, air conditioning, ventilation, air quality, lighting, and water quality. The Agency shall follow national consensus standards pursuant to 29 CFR 1910.2(g), Agency guidelines, policies and current industry standards in order to achieve these conditions.

The Agency shall make every reasonable effort to provide and maintain safe and healthful living conditions for government provided or leased housing. Factors to be considered include, but are not limited to, proper heating, air conditioning, ventilation, air quality, lighting, and water quality. To the maximum extent practicable, the Agency will follow local residential building codes in order to achieve these conditions. To ensure compliance with this Section, the Agency agrees to conduct annual inspections of all government provided and leased housing for bargaining unit employees. The results of these inspections will be shared with the Union at the local level.

The Agency agrees to continue Occupational Safety, Health, and Environmental Compliance Committees (OSHECCOMs), in accordance with Executive Order 12196. The following procedures shall apply to established OSHECCOMs:

a. National OSHECCOM: The committee will meet as frequently as required by the OSHECCOM Charter. The Union shall be entitled to designate two (2) representatives, or more in accordance with the OSHECCOM Charter.

b. Regional OSHECCOM: The committees will meet as frequently as required by the OSHECCOM Charter. The Union shall be entitled to designate one (1) representative per region, plus one (1) additional representative for the Alaskan Region, or more in accordance with the OSHECCOM Charter.

c. Local OSHECCOM: The committees will meet as frequently as required by the OSHECCOM Charter. The Union shall be entitled to designate one (1) representative, or more in accordance with the OSHECCOM Charter. The committee shall review the progress in occupational safety and health at the facility and determine which areas should receive increased emphasis. Consistent with the provisions of the Privacy Act, each member of the committee shall have access to all on-the-job accident and illness reports and all employee reports of unsafe or unhealthful working conditions filed in the facility. The committee shall forward recommendations to the facility manager for action on matters concerning occupational safety, health, lighting, and air quality. The facility manager shall, within a reasonable period of time, but not to exceed thirty (30) days, advise the committee that the recommended action has been taken or provide reasons, in writing, why the action has not been taken. If the recommended actions are beyond the authority of the Air Traffic Manager, he/she shall forward the committee recommendations to the appropriate authority for action as soon as practicable.

d. Union representative(s) shall be on duty time, if otherwise in a duty status, and entitled to travel and per diem when participating in meetings and training required by the OSHECCOM. If requested by the representative(s), the Agency shall make every reasonable effort to change his/her days off to allow participation in a duty status.

Union-designated Occupational Safety and Health Committee members shall receive training in accordance with Executive Order 12196, 29 CFR 1960.58 and 1960.59(b). Bargaining unit employees shall receive safety and health training in accordance with 29 CFR 1960.59(a).

The Agency shall supply and replenish first aid kits which shall include, at a minimum: blood-borne pathogen clean up kits, remedies for gastrointestinal relief, alcohol swabs, acetaminophen, aspirin, ibuprofen, gauze pads, and band-aids. These kits shall be readily accessible to bargaining unit employees at all hours of facility operation.

Each facility shall annually review fire evacuation procedures with all personnel. Training will be provided to personnel at each facility in accordance with 29 CFR 1910, FAA Order 3900.19, and the fire evacuation procedures at that facility. Facility fire evacuation plans shall be conspicuously displayed and reviewed with every employee once a year. Assistance from local fire departments may be utilized in developing evacuation plans and conducting the training required under this Section.

The Agency will continue to provide locally administered first aid and Cardiopulmonary Resuscitation (CPR) training course(s) for bargaining unit employees who volunteer for such training. All training shall be conducted on duty time by any local agency which is accredited by the Red Cross or other accredited authority.

In the event of construction, building maintenance, repairs and/or remodeling within a facility, the Agency shall ensure that proper safeguards are maintained to prevent injury to bargaining unit employees.

If the Agency initiates or permits the use or storage of chemicals, pesticides, or herbicides at any facility, Safety Data Sheets (SDS) for each chemical, pesticide, or herbicide shall be provided to the Union prior to use/storage. Any pregnant/nursing employees or personnel with medical conditions that could be aggravated by the use of the chemicals, pesticides, or herbicides shall be reasonably accommodated in a manner so as to prevent exposure. All chemicals, pesticides, and herbicides shall be used in accordance with applicable law and the manufacturer's guidelines and precautions.

The Agency shall ensure that claims for personal injury are processed in a timely manner in accordance with Article 75 of this Agreement.

The Agency shall test for evidence of drinking water contamination (by radon or other contaminants exceeding EPA water quality standards) at each air traffic facility, at least once every three (3) years and more often if there is evidence of possible contamination. If such testing validates the contamination, and if corrective action or abatement cannot readily be taken, the Agency will provide bottled water and associated equipment or other potable water meeting EPA/OSHA standards for the use of all bargaining unit employees until the contamination has been corrected/abated, as evidenced by a normal water test taken at least ten (10) days following correction/abatement.

Indoor air quality concerns (e.g. “sick building syndrome”) identified by the local Occupational Safety and Health Committee, shall be investigated using the advisory standards of the American Society for Heating, Refrigerating and Air-Conditioning Engineers, EPA, OSHA, and Agency guidelines. All test results shall be provided to the local Union as soon as they are available.