Section 1. The Employer will, consistent with the mission of the agency and the inherent hazards of the work to be performed, provide and maintain safe and healthful working conditions when and where it is within its authority and control to do so. The Agency will comply with the provisions of Executive Order 12196, 29 CFR 1960, and appropriate NIH Safety Instructions. The Union shall cooperate and encourage members of the Unit to observe safety precautions and to work in a safe manner.

Section 2.

A. In addition to industrial and/or business safety standards and regulations, the parties recognize, in filling its obligations in Section 1 above, that safety standards and regulations may be developed specific to the unique job related conditions within the bargaining unit that are appropriate to the Employer's operations. In issuing such standards and regulations, Section 19 of the Occupational Safety and Health Act of 1970, Executive order 12196, 29 CFR 1960, and appropriate orders and issuances promulgated thereunder, shall be used as a guide.

B. The Union may make safety and health suggestions which offer practical and feasible ways of improving safety and health conditions for consideration by the NIH Occupational Safety and Health Committee.

Section 3. It is recognized that supervisors, employees, and the union, share the responsibility for safety and health. All are obligated to know and observe safety rules and practices as a measure of protection for himself/herself and others. In the course of performing their normally assigned work, employees will be alert to observe unsafe conditions in their immediate areas. When unsanitary, unsafe, or unhealthful conditions are observed by the employees, it is their responsibility to report them at once to the immediate supervisor. The agency will insure that all employees are adequately trained in all areas of Occupational Safety and Health as needed to perform the official duties of their respective positions.

Section 4. The Agency agrees to respond to employee reports of unsafe or unhealthful working conditions and require an inspection within twenty four (24) hours for potential serious conditions and five (5) workdays for other conditions. Any unsafe or unhealthy working condition not corrected in the prescribed time period will be resolved jointly by the Union and Agency Safety Representatives. Any employee or steward is authorized to request an inspection of the workplace when he/she believes an unsafe or unhealthful condition exists. The Agency agrees to post notices of hazardous conditions discovered in any workplace. This notice shall be posted at or near the location of the hazard and shall remain posted until the cited condition has been corrected. Such notices shall contain a warning, and description of the unsafe or unhealthful working, conditions and all required precautions required by applicable regulations. The Agency agrees to assure prompt abatement of unsafe or unhealthful working conditions. When this cannot be accomplished, the Agency agrees to develop, following consultation with the Union, an abatement plan setting forth a timetable for abatement and a summary of interim steps. Employees exposed to such conditions shall be informed of the abatement plan and the Union shall be consulted during the implementation of the plan.

Section 5. The Agency shall make available in each work area copies of Material Safety Data Sheets (MSDS), where required, for review by the employees or the Union. Upon request, the Agency will allow the Union or an employee to make a reasonable number of copies of a MSDS.

Section 6. When the Agency has made a determination that the need exists and, requires the use of special equipment, the wearing of uniforms, protective clothing, or special wearing apparel to protect the employee from the environment, or as a means of identification, these specified items will be provided by the Agency. All special equipment, uniforms, protective clothing, or special wearing apparel must be used and or worn as prescribed by the Agency.

Section 7.

A. Annual inspections of bargaining unit employees' work environments will be conducted by a designated safety representative of the Employer and the Union Safety and Health Officer. Facilities that are industrial in nature (i.e., Power Plant and machinery spaces) will be inspected on a more frequent basis as agreed to, or monthly. At the conclusion of each inspection, the official in charge of the facility shall be advised of any apparent unsafe or unhealthful conditions. Employee reports of unsafe or unhealthful working conditions shall be addressed in accordance with 29 CFR 1960.28 (Appendix C). Nothing in this section waives any rights the Union may have pursuant to law, rule or regulation. A copy of all reports will be sent to the AFGE local 2419 Union Office upon completion but in no case more than five (5) days upon completion.

B. Any employee or Union representative who believes that any unsafe or unhealthful condition exists at their facility shall report such conditions to appropriate supervisory authority and request an inspection.

C. During the course of any inspection, an employee may bring to the attention of the safety inspectors any unsafe or unhealthful condition which he believes to exist.

D. A representative or designee of the Union shall be provided with reasonable advance notice and an opportunity to accompany the safety inspector(s) on official time during any inspection conducted by the Employer or by the safety representative described in Subsection 7A. The Employer will pay mileage costs if applicable, for Union representatives who are bargaining unit employees for travel to and from inspections under this Section.

Section 8.

A. The Employer and the Union will cooperate in the continuing effort to eliminate accidents and health hazards. To this end, there shall be established a Consolidated Bargaining Unit Safety & Health Committee (CBUSHC) at the National Institutes of Health. Employees will be represented by their local designee to coordinate safety and health issues within their work areas.

B. The Consolidated Bargaining Unit Safety and Health Committee (CBUSHC) shall be composed of ten (10) members to be selected as follows:

Five (5) representatives of the Employer, one manager from each segment of the consolidated bargaining unit;

Five (5) employee representatives (Safety Reps) to be selected by the Union, one (1) employee representative from each segment of the consolidated bargaining unit. The Consolidated Bargaining Union Safety and Health Officer will be designated as one of the above five (5) employee representatives. The Chairperson for this committee will be elected by the committee and will be rotated between the Union and Management as often as the committee determines, but in no case shall one term exceed two (2) years.

C. The parties agree that Safety Reps should be given sufficient time, training, resources and encouragement to perform their duties as outlined in the NIH Health and Safety Guidelines.

D. Proposed enhancements or changes to (e.g., policies, procedures) the Local safety programs may be, as needed, referred to the NIH Safety Committee. These proposed changes do not supercede any safety requirements mandated by law.

E. The CBUSHC shall meet at least quarterly three (3) months, or at such other times as are agreed to by the parties. The Committee Chairperson shall provide a written report of each meeting to the NIH Safety Committee and designated Union representatives, as appropriate.

Section 9.

A. The CBUSHC established pursuant to this Article shall be advisory in nature, and will advise, and will be consulted by the NIH Occupational Safety and Health Committee.

B. The NIH Safety and CBUSHC shall monitor the performance of the NIH Occupational Safety and Health Programs, and are encouraged to review accident trends, recommend specific training needs, review adequacy of emergency evacuation procedures, and make recommendations to the NIH Occupational Safety and Health Committee.

C. The NIH CBUSHC shall have full access to all existing information relevant to their advisory and monitoring functions.

D. Since the joint safety and health committees are established as management advisory committees, committee members shall receive a reasonable amount of official time, and necessary travel and per diem expenses, to take part in the deliberations of the committee.

E. The Union Occupational Safety and Health Officer shall be allotted official time as needed to review, respond to, and follow-up on all safety reports and issues (i.e., filing, data collection, abatement follow through, reports and reviews). Official time allotted for this purpose shall be deducted from the Union's bank of hours identified in Article 6. This official time excludes Agency-initiated meetings and safety inspections.

F. The Union Occupational Safety and Health Officer will be allowed official time up to forty (40) hours annually for union sponsored training. The DES Safety Officer will notify the Union of any changes in rules or regulations related to safety and health that require additional time needed for training. The agency will provide such additional time as needed.

Section 10.

A. The Employer will, to the extent practical and available locally from government sources, continue to offer whatever health services are obtainable for employees.

B. In any work location where health facilities are not available on the premises, the Employer agrees to provide and maintain standard GSA authorized first aid kits.

Section 11. Employees who are sent to a medical facility for treatment as a result of occupational illness or injury, and a qualified medical authority determines that the employee is unable to return to work, shall be released from duty for the remainder of the day without charge to sick or annual leave, in accordance with applicable law and regulations.

Section 12. If it becomes necessary for an employee to leave work because of an incapacitating illness or injury, and normal transportation is not available or within the employee's capacity, the Employer agrees to assist in arranging transportation to a medical facility or to the employee's home, at the request of or on behalf of the employee. The Employer's pecuniary and tort liability is governed by law, regulations, Federal court decisions, and/or decisions of the Comptroller General and the Employer assumes only such responsibility or liability allowable by law, regulation or such decisions.

Section 13. When an employee is injured in the performance of their duties, he should report the injury to their supervisor within forty-eight (48) hours. The Employer will provide the injured employee with forms and information provided for in Article 7, Section 5. Additional inquiries concerning other available benefits, including disability compensation, will be referred to the servicing Personnel Office.

Section 14.

A. An employee who sustains a disabling job related traumatic injury, unless electing to utilize leave, is entitled to the continuation of their regular pay for a period not to exceed forty-five (45) calendar days in accordance with applicable law and regulation.

B. Should an employee suffer a recurrence of disability and again stop work, the employee may elect to continue regular pay, providing the forty-five (45) calendar days were not all exhausted during the initial period of disability. This is applicable, however, only during a forty-five (45) day period beginning from the date the employee first returned to work following the initial disability.

C. Subsequent absences necessary for examination, treatment, and therapy may be charged against the forty-five (45) days in accordance with applicable laws and regulations.

D. If an employee stops work under the provisions of this Section for only a portion of a day or shift (other than the day or shift when disability began), such day or shift will be considered as one (1) calendar day.

Section 15. Safety equipment and protective devices shall be provided to employees as required and prescribed by applicable directives and regulations.

Section 16.

A. The Employer may require an individual who has applied for, or occupies a position which has physical medical standards for selection or retention, or which is a part of an established program of medical surveillance related to occupational or environmental exposure or demands, to report for a medical evaluation under the following circumstances:

1. Prior to appointment or selection (including, re-employment on the basis of full or partial recovery from a medical condition);

2. On a regularly recurring periodic basis; and

3. Whenever there is a direct question about an employees continued capacity to meet the physical or medical requirements of the position.

B. The Employer may require an employee who is receiving worker's compensation benefits, or is assigned to limited duties as a result of an on-the-job injury, to report for a medical evaluation when the employer has identified an assignment or position (including the employee's regular position) which the employer reasonably believes the employee can perform consistent with the medical limitation of their condition.

C. The Employer may require an employee who has been released from their competitive level in a reduction in force to report for a medical evaluation when the positions to which the employee has reassignment rights requires specific physical capacities to perform the duties of the job, and those physical capacities are different from those required in the employee's present position. The Employer shall be aware of the affirmative obligations which require reasonable accommodation of a qualified employee who is disabled.

D. When the Employer orders an employee to undergo a medical examination, it shall inform the employee in writing of its reasons for ordering, the examination and the consequences of failure to cooperate.

E. The Employer shall designate the examining physician, or other appropriate practitioner, for all examinations ordered or offered by the Employer. In addition, at their expense, the employee has the opportunity to submit medical documentation from their personal physician which the employer shall review and consider before making a final determination on medical suitability or fitness for duty.

F. The Employer may order a psychiatric examination or psychological assessment only when:

1. The results of a general medical examination which the agency has ordered show no physical basis to explain actions or behavior which may affect the safe and efficient performance of the individual or others, or

2. A psychiatric examination is specifically required by medical standards or a medical evaluation program.

G. The Employer will pay all expenses incurred for agency ordered or offered medical examinations. Employees must pay for a medical examination conducted by a private physician or practitioner where the purpose of the examination is to secure a benefit sought by the employee (e.g., reassignment based on personal need, extended sick leave).

H. Employees required to undergo a medical examination will be provided copies of all medical documentation generated in conjunction with the examination upon written request from the employee. The documentation will be released by the Employer unless the information contained in the documentation concerns medical conditions of such a nature that a prudent physician would hesitate to inform a person suffering from those conditions of their exact nature or probable outcome. In the latter case, the information will be released to a licensed physician designated in writing by the employee.

I. Nothing in this section shall be construed or applied in a manner that would expand or diminish the parties rights and obligations under applicable law and regulation.

Section 17. The Employer shall, through coordination with Health and Human Services (HHS), perform periodic monitoring of asbestos levels in the Employer's buildings that have been identified by HHS as having potential asbestos problems. The results of the monitoring shall be provided to the Union. In the event such monitoring reveals a level of exposure in excess of the standard established by the Office of Safety and Health Administration (OSHA), through coordination with HHS, the Employer agrees to move exposed employees to work sites that do not have excessive exposure as soon as practicable. To the maximum extent permitted by law and regulations, affected employees will be paid hazardous duty pay or environmental differential pay during the period of exposure. For purposes of this agreement "period of exposure" means the time between the receipt of a conclusive report indicating a level of exposure above the standard pursuant to Article 44 (EDP) and the time affected employees are removed from such exposure.

Section 18. The Employer will assure that no employee is subject to restraint, interference, coercion, discrimination or reprisal for filing a report of an unsafe or unhealthful working condition, or other participation in agency occupational safety and health program activities, or because of the exercise by such employee on behalf of himself or others of any right afforded by Section 19 of the Occupational Safety and Health Act, Executive Order 12196, or 29 CFR 1960. These rights include, among others, the right of an employee to decline to perform their assigned task because of a reasonable belief that, under the circumstances the task poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures established by the Employer.

Section 19. The CBUSHC will be responsible for acquiring information about Safety and Health programs relevant to their work environments, and for determining whether such programs are needed. The NIH Occupational Safety and Health Committee will provide the CBUSHC with information, encouragement and technical assistance, financial resources, to support, their safety and health program development activities.

Section 20. The Union will be given space at the NIH Health Fair and Open Season to provide information describing the Union's optional insurance and benefit plans. The Union will also be allowed to distribute these brochures to employees using the Employer's internal mail system.