(a) The City shall continue to make provisions for the safety of its employees consistent with the rules/requirements of the Ohio Employment Risk Reduction Standards and such rules as may otherwise be adopted by the Public Employment Risk Reduction Advisory Commission of the Ohio Department of Industrial Relations, Division of Occupational Safety and Health, provided, however, remedies shall be pursuant to the provisions of H.B.308.
(b) Employees are to comply with all General Safety Rules of the City and any special Divisional safety rules and shall be required to use safety equipment provided to them.
(c) 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 Chief Steward and one (1) other designated representative. 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 (e.g., construction, transportation, pollutants, etc.). 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 impacted.
(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 Department of Human Resources.
(B) The Committee shall make recommendations for the correction of unsafe or harmful work conditions and the elimination of unsafe or harmful practices as reported to the Committee by representative(s) of the Department of Human Resources and 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:
1. Enhanced managed care and utilization review;
2. 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 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 Department of Human Resources 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 the advice, opinion and suggestions of experts and authorities on safety matters and recommend to the representative of the Department of Human Resources 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 be utilized on an as-needed basis as determined by the Committee.
(3) Sub-committees 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 a 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.
(d) Divisional Safety Committees shall be formed which will include the Commissioner or designee, a representative designated by the Union and other divisional personnel mutually agreed upon.
The parties agree that the Divisional Safety Committees will establish and list the necessary training for each division. The list of training as established will comply with appropriate laws including provision of O.R.C. 4167. These committees will also assist, prepare and present various required training programs throughout the city, with the Union/City peer trainers.
When approved by the employer, such peer trainers scheduled to attend refresher trainings and to be certified in the various safety subjects shall be compensated as though they are at work.