Section 2
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Adequate, clean, structurally safe and sanitary working facilities shall be provided for all
employees.
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Motor vehicles and power equipment which are in compliance with minimum standards
of applicable law shall be provided to employees who are required to use such devices.
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Where necessary, first aid chests, adequately marked and stocked, shall be provided by
the Employer in sufficient quantity for the number of employees likely to need them and
such chests shall be reasonably accessible to the employees.
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A Labor Management Health and Safety Committee shall be established in each agency.
Each committee shall be composed of not less than three nor more than five labor
representatives designated by the Union and not more than an equivalent number of
management representatives designated by the agency. The appropriate number of such
representatives shall be determined jointly. If agreement on the number cannot be
reached such number shall be determined by the Commissioner of Labor Relations.
The Committee shall meet at least quarterly and shall meet at the written request of the
labor or the management representatives for the purpose of discussing health and safety
problems in the agency and making recommendations for their resolution to the agency
head. The written request for such a meeting shall indicate the specific condition for
which the meeting is called.
In addition to the above described committee, sub-committees may be established on an
ad hoc basis upon agreement of the parties.
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The sole remedy for alleged violations of this Section shall be a grievance pursuant to
Article XV of this Agreement. Any employee who withholds services as a means of
redressing or otherwise protesting alleged violations of this Section shall be docked pay
for any unauthorized non-performance of work and may be subject to any appropriate
disciplinary action.
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In construing this Section, an arbitrator shall initially have the power only to decide
whether the subject facilities meet the standards of subsection (a) of this Section 2 but
may not affirmatively direct how the Employer should comply with this Section. If the
arbitrator determines that the Employer is in violation of this Section, the Employer shall
take appropriate steps to remedy the violation. If in the opinion of the Union the
Employer does not achieve compliance within a reasonable period of time, the Union
may reassert its claim to the arbitrator. Upon such second submission, if the arbitrator
finds that the Employer has had a reasonable time to comply with the terms of this
Section and has failed to do so, then and only then, the arbitrator may order the Employer
to follow a particular course of action which will effectuate compliance with the terms of
this Section. However, such remedy shall not exceed appropriations available in the
current budget allocation for the involved agency for such purposes.
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In any enclosed facility where employees are assigned to work, the Employer shall make
reasonable efforts to provide for the personal security of employees while they are
working.
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When the Employer becomes aware of a safety hazard which the Employer considers an
imminent physical danger to employees at a worksite, the Employer shall remove the
employees from the affected area.
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The Employer shall provide to the Municipal Labor Committee a copy of the results of
environmental testing by the City of a City worksite and statistics resulting from special
medical testing of employees.
Social Service Employees Union Local 371
AFSCME, AFL—CIO
817 Broadway, New York, NY 10003
©SSEU Local371|PRIVACY POLICY