Common use of Abnormally Dangerous Conditions Clause in Contracts

Abnormally Dangerous Conditions. Bargaining Unit employees shall not be required to work with equipment or vehicles which are abnormally dangerous and, if used, would cause an extreme threat of loss of life, or result in a serious physical injury to the employee or others. Should such a condition exist, the employee must immediately notify the immediate supervisor as provided in this Article. The burden of proving that an abnormally dangerous condition exists rests upon the employee. Any abnormally dangerous equipment, or vehicles that, if used, would cause an extreme threat of loss of life, or result in a serious physical injury to the employee or others must be reported by the employee to the immediate supervisor by the fastest means available to the employee at the time. Consideration must be given to the job duties and responsibilities of the employees when determining whether equipment, vehicles, or working conditions are abnormally dangerous.