A standing VDT Sub-Committee of the Citywide Occupational Safety and Health
Committee instituted pursuant to Article XIV, Section 1 of this Agreement, shall be
established with joint Employer and Union membership. Such sub-committee shall
study, issue, and periodically review procurement and ergonomic standards for VDT's
and ancillary furniture and equipment. The joint sub-committee's initial report and
recommendations shall be issued within three months of the execution of this Agreement.
A separate labor-management committee shall be established in the Health and Hospitals
Corporation for such purposes.
Procurement and ergonomic standards shall be implemented by Mayoral directive. In the
Health and Hospitals Corporation such standards shall be implemented in accordance
with existing procedures. Agencies and facilities of the Health and Hospitals Corporation
shall purchase new equipment and ancillary furniture and equipment in compliance with
the then current Mayoral directive or Health and Hospital Corporation procedure.
Agencies shall advise the Union of the installation and proposed utilization of new VDT
equipment, and shall make service logs available on a reasonable basis to qualified,
authorized Union personnel.
Employees may at any time informally discuss alleged violation(s) of this Section with
their supervisors. The Union may also seek to resolve any alleged violation(s) of this
Section through the agency Labor Management Health and Safety Committees.
If a complaint alleging violation(s) of this Section cannot be resolved pursuant to subsection
5(d), such complaint may be filed by the Union in writing with the Director of the
Citywide Office of Occupational Safety and Health or the Director's designee, or, in the
Health and Hospitals Corporation, the Director of Occupational Health and
Environmental Services or the Director's designee, who will investigate such alleged
violation(s) and issue a determination within forty-five (45) days of the receipt of the
complaint. Upon determination by the Director or the Director's designee that
violation(s) has occurred, the affected agency or agencies shall be notified of the nature
of the violation(s) and directed to take steps to correct the violation(s) within sixty (60)
days. A complaint pursuant to the sub-section must be brought within sixty (60) days of
the initial occurrence of the alleged violation(s).
A dispute concerning a determination by the Director of the Office of Citywide
Occupational Health and Safety or the Director's designee, or, in the Health and Hospitals
Corporation, the Director of Occupational Health and Environmental Services or the
Director's designee may be appealed by the Union in writing to the Commissioner of
Labor Relations within ten (10) work days of its issuance for resolution pursuant to
Article XV, Section 11 of this Agreement.
A complaint concerning failure by an agency or agencies to comply with a determination
issued by the Director of the Office of Citywide Occupational Health and Safety or the
Director's designee, or, in the Health and Hospitals Corporation, the Director of
Occupational Health and Environmental Services or the Director's designee may be filed
with the Commissioner of Labor Relations within ten (10) working days of the expiration
of the time limits set forth in sub-section 5(e) for resolution pursuant to Article XV,
Section 11 of this Agreement.
The provisions of this Section 5 shall apply to all employees subject to the terms of the
Citywide Agreement regardless of the number of hours of employment.