Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 32 Safety and Health
SECTION 32.01 Management agrees to provide and maintain safe working conditions, and the parties will comply with all existing and future applicable federal, state and local laws and regulations relating to the safety and health of employees covered by this Agreement.
SECTION 32.02 Employees have the right to report and request an inspection of unsafe or unhealthful working conditions, existing in any workplace where such an employee is employed. Upon the request of the individual making the report, no person shall disclose his/her name or other personal identifiers except in accordance with the provisions of 29 CFR 1960. Suspected hazards, unhealthful or unsafe work conditions identified by employees should be immediately reported to the responsible supervisor or Facilities Operations Manager, or the Head of the Safety, Environmental and Security Office (SESO). The decision to close down or modify an operation or work activity because of unsafe conditions shall be made by the supervisor, the Safety Officer or responsible Management officials in the Center's safety and health organization. Management will not require an employee to work in areas or on equipment where conditions detrimental to safety or health exist. Where there is reason to believe imminent danger to life or safety exists, the work or test operations should be suspended immediately pending assessment or correction of the hazard. Management and GESTA agree to cooperate to prevent and/or eliminate accident, injury, and health hazards.
SECTION 32.03 Decisions on application of safety and health standards and alleged unsafe or unhealthful conditions shall be made by occupational safety and health specialists and officials in the Center's safety and health organization. Unit employees may obtain the assistance of GESTA representatives in resolving disputes concerning alleged hazardous conditions. Such complaints may be referred directly to the SESO or presented at labor-management meetings as indicated in Article 7 of this Agreement. Unit employees and their GESTA representatives shall be advised as to the disposition of any complaint or recommendation which they submit. Written complaints or presentations shall be evaluated by technical specialists in the Center's health and safety organization or Occupational Safety and Health Administration (OSHA) representatives. An employee who has submitted a written report of unsafe or unhealthful conditions will receive a written, detailed assessment of the situation to include a general reference to applicable statutory or regulatory citations within fifteen (15) days if Management determines there are not reasonable grounds to believe that a hazard exists and does not plan to make an inspection based on such a report.
SECTION 32.04 Hazard assessments shall be made in any work area or operation which may involve potential safety or environmental health problems to assure that adequate protective clothing, devices, and safety measures are used to minimize or eliminate any risks to the safety and health of employees. Employees assigned to work in areas or operations where there are potential hazards shall be instructed by the responsible supervisor as to the nature of the hazards and operational and emergency safety measures and procedures to be followed. Where employees are exposed to a potentially hazardous environment in their regular work assignments, as determined by the SESO, they shall be given medically prescribed periodic examinations under the Center's medical monitoring program.
SECTION 32.05 It is agreed that Management shall provide all protective clothing, special tools, warning systems and/or devices determined necessary by the SESO to assure the safety of employees in performing work assignments. Employees will use and honor such tools, warning systems and devices.
SECTION 32.06 GESTA is encouraged to submit its suggestions and recommendations for changes in safety policies and practices at any time. Safety problems or recommendations may be referred to Management through regularly scheduled labor-management meetings. Matters of immediate concern involving imminent danger or safety hazards should be referred directly to the SESO or appropriate officials in the Center's safety and health organization.
SECTION 32.07 Employees within the Bargaining Units may be appointed to serve on standing or ad hoc safety or health committee(s). Selections for such assignments shall be made by the Chairperson of the Safety and Environmental Steering Committee (S&ESC) on the basis of professional disciplines and work related knowledge required. GESTA shall be given the opportunity to nominate unit employees for consideration for such committee assignments. Nominees identified by GESTA shall be carefully considered based on their experience and qualifications and availability for the work assignment.
SECTION 32.08 GESTA may be given the opportunity to designate a representative to accompany OSHA or Headquarters inspectors in annual walk-through inspections conducted by area safety committees. Management shall allow a GESTA representative the opportunity to accompany inspectors during the inspection of the workplace. During the course of an inspection, any employee in the Units will have the opportunity to report an unsafe or unhealthful working condition to the inspectors. The GESTA representative has the right to participate in the closing conference, if one is held, after the inspection has been completed and be informally advised of any apparent unsafe or unhealthful working condition disclosed by the inspection.
If there are accidents involving serious injuries or death to Unit employees, or property damage to work areas of Unit employees, GESTA will be given the opportunity to nominate a representative to participate as an observer in the investigation conducted by an accident investigation committee.
SECTION 32.09 GESTA shall be provided copies of reports from SESO walk-through inspections and quarterly statistical reports on occupational injury and illness cases.
SECTION 32.10 Management shall provide first-aid treatment for any employee who is injured in the performance of work or contracts a job-related disease or illness. Management shall make every effort to arrange transportation, if required, for an employee incapacitated due to illness or an accident on the job. Employees injured on the job shall not be charged annual or sick leave on the day of the injury. Subsequent payments for time lost due to on-the-job incurred injuries shall be in accordance with applicable regulations on compensation or leave.
SECTION 32.11 Workers' compensation benefits for job-related injuries or occupational illnesses shall be determined by the Department of Labor's Office of Workers' Compensation Program. Employees who suffer job-related injuries or illnesses shall be advised as to their rights, benefits and procedures for filing a claim under the Compensation Act.
SECTION 32.12 Subject to applicable regulations, no employee is required to submit to any fitness for duty medical examination and/or testing by Center-designated practitioners. The employee has the right to seek judgements as to fitness for duty from independent Board certified licensed practitioners in accordance with regulation. Records of such judgments shall be made a part of the record for any decision and shall be rigidly controlled in accordance with the Privacy Act. A fitness for duty examination requested by Management shall require the concurrence of the Director of Human Resources or his/her designee.
SECTION 32.13 Medical information maintained by the Center on any employee shall be made available for review by the employee or his/her designated representatives in accordance with provisions of 5 Code of Federal Regulations (CFR) and the Privacy Act. Subject to the Privacy Act, Medical information will not be released without prior approval from the employee.
SECTION 32.14 The Center shall participate in the Federal Employee Occupational Health Program and provide medical treatment and services for employees consistent with related program guidelines issued by the OPM and NASA and subject to available funds. Employees who receive medical services or examinations during work hours at the Center's medical facility shall not be charged annual or sick leave if they are otherwise in an active duty capacity, excluding physical fitness program participation.
SECTION 32.15 Periodic health maintenance examinations may be made available to employees on a voluntary basis. The scope and frequency of the physical examinations and the tests provided will be determined by the Center's Medical Officer consistent with NASA policies and availability of funds for that purpose. Any findings or records developed as a result of voluntary participation in health maintenance or screening examinations shall be safeguarded as medically confidential. These Health Screening Maintenance Clinic records shall be maintained in accordance with the provisions of the Privacy Act (see Article 5, Section 5.08 of this Agreement).
SECTION 32.16 Recognizing that health, safety, productivity and morale are influenced by work environment, Management agrees to provide employees necessary space with adequate lighting, ventilation, and heating in which to perform their assigned duties. Where employees feel that the work environment does not permit performance of their assigned duties, they should report the problem to their immediate supervisor. The supervisor shall investigate the situation and advise the employee of the findings.
SECTION 32.17 If a Center Management official directs an employee to change his/her dress or personal appearance for health or safety reasons, the employee shall be given the reasons in writing.
SECTION 32.18 Management agrees to implement the Alcoholism and Drug Abuse Program as provided in the Employee Assistance Program and to make employees aware of the program. Management shall provide GESTA with available information on OPM training in these areas.
SECTION 32.19 Subject to available funds, Management agrees to provide:
a. training in first-aid, resuscitation, and fire extinguisher use;
b. the NASA supervised physical fitness program and through its medical services contractor shall provide facilities and an appropriately staffed program as required by NASA Management Instruction (NMI) 1800.4. The parties agree that the use of the physical fitness facility by contractor employees is limited to specific Centerwide activities, e.g., Fun Run. GESTA will meet at least semi-annually with the health facility manager;
c. free "flu shots" annually on a voluntary basis for all Unit employees, as determined necessary by a competent Federal medical officer. Tetanus immunizations and similar immunizations shall be provided for employment-related reasons; and
d. medical assistance at the Center's Health Unit in the administration of medicines, changing of dressings, and available therapy at the request of the employee's private physician and prescription.
SECTION 32.20 Management agrees to provide training for GESTA representatives to assist them in participating in workplace safety inspections referenced in Section 32.08 of this Article.
SECTION 32.21 Management agrees to maintain a Centerwide Safety and Environmental Steering Committee during the life of this Agreement. The purpose of the Committee will be to monitor and promote the Center's Safety and Environmental Program as well as assist Management to maintain an open channel of communication between employees and Management concerning safety and environmental matters. The Committee will be chaired, on a two (2) year rotating basis, by a senior Management official and will be comprised of senior Management officials from each directorate. The GESTA units will be allowed to designate a total of two (2) representatives to serve on the Committee. This Committee will meet as needed and will issue minutes of the meetings to Committee members. Minutes for the GESTA representatives will be sent to the Union office address. The Committee will meet annually with the Center Director to review program status.
SECTION 32.22 GESTA shall receive formal notices of unsafe or unhealthful working conditions. In addition, GESTA shall be provided copies of any Center abatement plans prepared in accordance with 29 CFR 1960.30(c).
SECTION 32.23 Management shall furnish to GESTA copies of applicable accident investigation reports which concern accidents resulting in a fatality or the hospitalization of five (5) or more employees.
SECTION 32.24 Exposure to airborne concentrations of asbestos fibers shall be considered unacceptable when the eight (8) hour time-weighted average of airborne concentrations of asbestos fibers exceeds current industrial standards in accordance with 29 CFR 1910.1001 unless personal protective equipment is used.
