AND HEALTH The Company shall institute and maintain all necessary precautions to ensure every worker a safe and healthy workplace and to protect the environment. The company shall comply in a timely manner with the Canada Labour Code, its regulations, codes of practice, and all relevant environmental laws, regulations, and codes of practice in effect. All standards established under these laws shall constitute minimum acceptable practice to be improved upon by agreement of the Joint Health and Safety Committee. The Union will encourage its members to use all safety equipment provided and to follow accident prevention rules and regulations. The Joint Local Health and Safety Committee for Cornwall Headquarters, during the life of the Agreement, will be comprised of a total of four members, two elected or appointed members representing the Union and two members representing Management. Each member of the Joint Health and Safety Committee shall be certified as required. During all absences, both parties shall recognise a substitute member as designated. In accordance with the Canada Labour Code, necessary leave with pay will be granted to every member of the Safety Committee, at his regular or acting rate, to attend meetings of the committee or to carry out any affairs as mandated in the minutes of the Committee. The union members of the Safety Committee shall be afforded the opportunity to meet for one (1) hour prior to the full Committee meeting. Requests for necessary leave under this Article shall be submitted to the employee's supervisor as far in advance as possible and in accordance with meeting schedules arranged by the co-chairpersons to avoid disruption of the Corporation's business activities. Approval by the supervisor will not be unreasonably withheld. Employees required to wear safety footwear because they hold positions designated in the Corporation's Safety Footwear Policy shall be paid an amount of for cost reimbursement of purchasing each year or every two (2) years such safety footwear, as per the applicable footwear payment schedule, thereby wearing at work safety footwear in good condition. Special consideration shall be given to employees with foot deformities. The Corporation will continue its practice of supplying at no cost to the employees concerned the clothing apparel such as coveralls, gloves, uniforms, winter parkas, and the required safety equipment other than safety footwear, as per the Corporation's schedules of replacement. The Corporation, the Union and the employees agree to comply with relevant legislation providing rights of work refusal in unsafe conditions. The parties recognize the importance for the employee and the supervisor of resolving health and safety concerns before they become work refusals and without negatively impacting customer service. The company shall ensure that all employees are informed about their right to refuse hazardous work which may harm them or others. If an employee exercises his or her right to refuse he or she shall notify the supervisor and a Union representative of the health and safety committee. He or she shall stand by in a safe place and participate fully in the investigation of the hazard. No employee shall be discharged, penalized or disciplined for acting in compliance with the Canada Labour Code Part II, and its regulations, unless the employee exercises those rights knowing that no circumstances existed that would warrant it, or has willfully abused those rights. The Corporation agrees that the Committee shall have the right to investigate dangerous circumstances at the workplace at any time. Dangerous circumstances include any procedure, part of a workplace or any equipment, machine, device, article or thing which may harm a person or the environment. The co-chairperson or alternate shall be allowed to accompany government inspectors on an inspection tour of the Corporation’s
Environmental Protection (i) Except as set forth in Schedule 9 attached hereto, neither the Borrower nor any of its Restricted Subsidiaries nor any of their respective Real Property or operations are subject to any outstanding written order, consent decree or settlement agreement with any Person relating to (A) any Environmental Law, (B) any Environmental Claim or (C) any Hazardous Materials Activity;
(ii) Neither the Borrower nor any of its Restricted Subsidiaries has received any letter or written request for information under Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9604) or any comparable state law;
(iii) There are no and, to the Borrower’s knowledge, have been no conditions, occurrences, or Hazardous Materials Activities which could reasonably be expected to form the basis of an Environmental Claim against the Borrower or any of its Restricted Subsidiaries that, individually or in the aggregate, could reasonably be expected to have a Materially Adverse Effect;
(iv) Neither the Borrower nor any of its Restricted Subsidiaries, nor, to the Borrower’s knowledge, any predecessor of the Borrower or any of its Restricted Subsidiaries has filed any notice under any Environmental Law indicating past or present Release of Hazardous Materials on any Real Property, and neither the Borrower nor any of its Restricted Subsidiaries’ operations involves the generation, transportation, treatment, storage or disposal of hazardous waste (other than hazardous waste generated in the ordinary course of business, and which is not reasonably likely to materially adversely affect the Real Property or have a Materially Adverse Effect), as defined under 40 C.F.R. Parts 260-270 or any state equivalent; and
(v) Compliance with all current requirements pursuant to or under Environmental Laws will not, individually or in the aggregate, have a reasonable possibility of giving rise to a Materially Adverse Effect. Notwithstanding anything in this Section 4.1(z) to the contrary, to the knowledge of Borrower or any of its Restricted Subsidiaries, no event or condition has occurred or is occurring with respect to the Borrower or any of its Restricted Subsidiaries relating to any Environmental Law, any Release of Hazardous Materials, or any Hazardous Materials Activity which individually or in the aggregate has had or could reasonably be expected to have a Materially Adverse Effect.
SAFETY AND HEALTH A. The Employer agrees to provide a safe, clean wholesome surrounding in all places of employment.
B. Each Department head shall issue instructions to all supervisory personnel to carry out the provisions of this Article.
C. When an employee reports any condition which he/she believes to be injurious to his/her health to the administrative head of a work location, the administrative head shall correct the situation if within his/her authority, or shall report said complaint to his/her supervisor.
D. A copy of the provisions of this Article shall be conspicuously posted in each work location.
E. In all new places of employment, where the Union alleges that the air quality is inferior, the person in charge of the location will make reasonable efforts to have air quality checked. If the air quality is found to be sub-standard, the person in charge of the location shall make reasonable efforts to improve it.
F. Whenever temperature inside any work location is unusually hot or cold, the person in charge of such work location shall immediately contact the person responsible for the building to determine the cause and probable length of time necessary to correct the problem.
G. The Employer will make every reasonable effort to ▇▇▇▇▇ asbestos containing materials as recommended by the Division of Occupational Hygiene. Where such cleanup is not possible, the Employer will make every effort to avoid making work assignments, which will unduly expose employees to known hazardous materials.
H. Pregnant employees who work in conditions/situations deemed hazardous or dangerous to the pregnancy by the attending physician may request a temporary reassignment within their job description or a comparable position, and may be reassigned within two (2) weeks of notification for the duration of the pregnancy. Upon request by management, the employee will provide medical evidence. Such work assignments shall be determined by the appointing authority or his/her designee. This request must be made in writing to the Appointing Authority.
I. Grievances involving the interpretation or application of the provisions of this Article may be processed through Step III of the grievance procedure set forth in Article 23, but may not be the subject of arbitration.
Section 19.2 The Parties agree to establish a program to monitor air quality at new and existing worksites. The parties agree to negotiate over the specific provisions of such a protocol within 60 days.
Section 19.3 The parties agree to establish a safety and security committee to study all state buildings and leased property where state employees work. The mission of the study will be to establish more consistent safety and security policies to ensure the safety and security of all state employees at their work site and citizens of the Commonwealth that visit state agencies. In addition, the parties agree to establish a training program to promote the safety and security of all state employees that may include, but shall not be limited to active shooter training, front line security, and reception practices and protocol for 911 emergencies.
Occupational Safety and Health Acts Contractor(s) who perform any work under this contract shall fully comply with the provisions of the Federal Occupational Safety and Health Act of 1970 and any amendments thereto and regulations pursuant to the act. Any Contractor who fails to do so may be terminated for cause as set forth below.
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