Safety and Health Checklist for Bargaining
Roles and Responsibilities
Employer is responsible:
- Must meet or exceed all legal requirements
- Must have a safety program
- Must correct unsafe conditions
- Has sole responsibility for health and safety
Union's role:
- Does not assume employer's responsibility
- Is not legally liable for health and safety problems
- Is indemnified and held harmless from claims, charges, suits
- "may" take action (but not required)
Union Participation
Employer recognizes:
- Union's role in health and safety
- Union's health and safety representatives
- Union health and safety committees
Joint labor-management activities:
- Committees shall be established
- Committees shall meet regularly, but no less than quarterly
- Committee's meeting and activities on work time
- Paid time and training for committee members
- Funds will be provided for joint committees and other joint activities
- Employer agrees to implement joint committee recommendations
Union right to health and safety information:
- Employer will provide records (OSHA 200/300, monitoring reports, workers comp information, medical records, etc.) upon request
- Employer will notify union of potential problems
- Union may inspect workplace
- Union may conduct tests and studies
Bargaining over workplace changes:
- Parties will discuss changes in technology and job design in advance
- Parties will participate jointly in pilot projects with new equipment/technology
Worker Information and Training
- Employer provides material safety data sheets
- Employer will give workers appropriate health and safety training at regular intervals
- Union has input on selection of trainers
- Training is on paid time, workers reimbursed for travel if necessary
- Contract provides for union involvement in design of training, or jointly run training programs
- Contract provides funds for joint training programs
Right to Act
- Contract specifies procedures for workers to report unsafe conditions
- Workers have the right to refuse unsafe work in good faith (and procedures to specify how to refuse)
- Contract guarantees no reprisal for exercising rights to file a complaint, refusing work in good faith, or reporting unsafe conditions
- Union is notified of serious incidents and right to investigate
- Contract prohibits safety incentive programs that discourage reporting of injuries
- Contract has mechanisms for resolving disputes over dangerous conditions
Specific Hazards
- Computer Terminals
- Hazardous substances
- Ergonomic Hazards
- Infectious Diseases
- Heat and Cold
- Indoor Air Quality
- Noise
- Workplace Violence
- Vehicle Safety
- Other_____________
Protective Measures
- Engineering controls preferred way to control hazards
- Substitution of less hazardous chemicals
- Administrative controls will be in writing and communicated to employees
- Personal protective equipment provided if necessary
- Personal protective equipment will be provided at no cost to employees
- Workers will be trained on the use and care of, and properly fitted for, all personal protective equipment
- First aid supplies will be made available
- Employer will provide sanitation facilities including restrooms, clean-up areas, and drinking water
- Employer has clear emergency evacuation and emergency response procedures
Source: Amended from Collective Bargaining for Health and Safety, A Handbook for Unions, Labor Occupational Health Program, University of California, Berkeley, 2000