A. Employees are to comply with all general safety rules of the City and any special provisional safety rules and shall be required to use safety equipment provided to them.
B. The parties will establish a Labor-Management Health and Safety Committee. The union will be represented on this Committee by the local union president or his designee. The City will be represented by a designee of the Director of Human Resources and by commissioners or other administrators designated by the appointing authority based on specialty areas (i.e., construction, transportation, pollutants, and so on). This Committee may also include representatives from other bargaining units within the City. The Committee will be required to consider all issues brought before it, regardless of the bargaining unit impact.
1. This joint Committee shall review all general and/or special divisional safety rules for compliance with required safety standards and, wherever possible, such rules shall be adopted city-wide.
2. This joint Committee will also perform the following functions:
a. The Committee may recommend periodic inspections of the various locations, when necessary, by staff of the Human Resources section of the Human Resources Department.
b. The Committee shall make recommendations for the correction of unsafe or harmful work conditions and the elimina tion of unsafe or harmful practices, as reported to the Committee by representatives of the Human Resources Department and the divisional safety committees.
c. The Committee may recommend investigation of any potential worker exposure to dangerous substances, fumes, noise, dust, etc.
d. The Committee shall be provided written identification of any potentially toxic substance to which the workers are exposed, together with material data sheets, if any.
e. The Committee may develop a safety award program which may include cash awards and/or other premiums that, upon mutual agreement between the appointing authority and the union, may be adopted/implemented during the terms of this collective bargaining agreement.
f. The Committee shall develop other cost containment measures which shall include:
(i.) Enhanced managed care and utilization review,
(ii.) Increased claims control and claims audits.
g. The Committee shall develop annual goals, objectives and timetables directly aimed at reducing Workers' Compensation costs. Goals and objectives not met within the established timeframes shall be critically reviewed by the Committee. If the City, in its sole discretion, is dissatisfied with progress in meeting goals and objectives or with the Committee's action or inaction, the City may take such actions as it deems necessary to exact cost containment.
h. The Committee shall review and analyze all reports of work-related injury or illness, as submitted by the representative of the Human Resources section, and recommend procedures for the prevention of accidents and disease and for the promotion of health and safety of employees.
i. The Committee shall promote health and safety education and/or participate in such programs.
j. The Committee may ask advice, opinion and suggestions of experts and authorities on safety matters and recommend to the representative of the Human Resources section that experts and authorities from the Industrial Commission of the State of Ohio, Division of Safety and Hygiene and the Toledo-Lucas County Safety Council as well as international representatives of the union will be utilized on an as-needed basis, as determined by the committee.
3. Subcommittees may be formed as deemed necessary by the co-chairpersons to study issues, develop reasonable solutions and report back to the Committee.
4. Annual savings directly attributable to the cost containment measures provided herein shall be placed in a Workers' Compensation fund to be used as a reserve for payment of future cost increases. Savings shall be considered directly attributable to cost containment measures when direct correlation can be established between a measure adopted herein and a per-employee reduction in the City's cost in providing both injury pay and Workers' Compensation benefits from the preceding year.
5. Union representatives will receive their regular pay while on Committee business.
6. The Committee shall meet regularly on at least a monthly basis and attendance shall be required. Actions taken in the absence of a bargaining unit representative shall be binding upon that bargaining unit. The City will provide minutes of each meeting.
C. There shall be a Fire Department Safety Committee consisting of representatives of the bargaining unit(s) and management who will work to implement and improve the City Safety Program. The TFCA president or his designee shall represent the union on the Departmental Safety Committee. The Safety Committee and the City shall cooperate in securing the adherence to the General Safety Rules of the City and any special divisional rules. No employee shall fail to follow these rules and regulations. Employees shall do everything reasonably necessary to protect the life, health and safety of themselves, other employees and the public.
In addition, there shall be formed a three-person TFCA safety committee to address those safety concerns specific to the bargaining unit. It shall be comprised of one representative from TFCA, one from Human Resources and the Chief/Director of the Department or his designee.
Safety problems shall be reported by filing an Employee Report of Unsafe Condition. In the event that an urgent safety problem arises, the employee shall notify his supervisor immediately. if unable to correct the hazard, the supervisor or employee shall contact the Safety and Training Section who will conduct an immediate safety inspection.
D. TFCA members shall be allowed to participate in the Employee Assistance Program.