ARTICLE.

28.

Section 1 - General

The parties recognize that a safe and healthful work environment is valued by the Department; is necessary for the accomplishment of the Department's missions; and contributes to a high quality of life for the employees. It shall be the responsibility of the Department to establish and maintain an effective and comprehensive Occupational Safety and Health Program in accordance with Public Law 91-596, the Occupational Safety and Health Act of 1970 (referred to as the Act), Executive Order 12196, and 29 Code of Federal Regulations (CFR) Part 1960. In administering the program, the Department agrees to recognize the Union as the exclusive representative of bargaining unit employees. The Department shall furnish places and conditions of employment which are free of recognized hazards and unhealthful working conditions.

Section 2 - Union Participation

A. The Department recognizes that Union participation in its Occupational Safety and Health Program is essential for the success of that Program. The Union may designate representatives at the facility level, intermediate levels, and the National level who will represent the interests of the Union and the employees in the development and implementation of this Program. The Parties agree that work on the Safety and Health Program is a part of the ongoing Partnership between the Department and the Union. Time spent serving as a Union representative during safety and health inspections, as a member of a Safety and Health Committee or its subcommittees, developing plans for abatement of materials, investigating accidents, and safety-related committee assignments will be considered duty time.

B. The National VA Council (NVAC) President will designate three (3) National Safety and Health Representatives who will each be on 50% official time. They will work with the Department's national-level safety and health officials in developing and implementing the Program. The National Safety and Health Representative will represent the interests of the Union and the employees in the development and implementation of all aspects of the Department's, an Administration's, occupational safety and health program. The National Safety and Health Representatives will be the point of contact for any safety and health initiatives at the Department, Administration, and/or System levels that impact employee safety and health. The parties will develop joint training programs and materials in safety and health for bargaining unit employees. The representatives will provide training and assistance to local Unions in the performance of their responsibilities under the program. The National Safety and Health Representatives may visit facilities within the bargaining unit to work with local Unions on safety and health matters. Notice of such visits will be given to the Director of each facility.

C. The National Safety and Health Representatives will be given copies of all Designated Agency Safety and Health Official (DASHO) letters and other national-level communication to the field on safety and health matters as well as all safety manuals and publications.

D. The Department will pay tuition, travel, and per diem expenses for each National Safety and Health Representative to attend at least one conference each year.

E. The NVAC President may designate additional representatives to work on individual projects of mutual interest to the parties. The NVAC President may designate representatives at appropriate intermediate levels within the Department to develop and implement the Safety and Health Program at that level.

F. The Union's National and Local Safety and Health Representatives shall be authorized the use of FTS and conference call capabilities.

G. Each local Union at a bargaining unit facility may designate a local Safety and Health Representative who will serve as the Union's point of contact for safety and health matters at the facility. Functions of local Safety and Health Representatives include, but are not limited to the following:

1. Conduct joint inspections.

2. Issue joint reports regarding inspection findings to the appropriate management official.

3. Participate, as appropriate, in inspections conducted by governmental authorities outside the Department's control including JCAHO.

4. Receive and investigate employee reports of unsafe or unhealthy conditions. Employees should submit such reports to both the Union or Management's representative.

5. Develop and monitor abatement plans needed to correct local conditions as appropriate.

6. Refer matters to OSHA and/or NIOSH as appropriate.

7. Receive copies of any written notice referred by a facility official in response to an employee report of an unsafe or unhealthy condition.

8. Monitor preventive maintenance plans for HVAC system components.

9. Receive all reports of security incidents involving threats to employees, their offices, and property. Such reports may be sanitized as appropriate.

10. Receive all accident reports; such reports may be sanitized as appropriate.

H. Each facility with twenty-five (25) or more employees will have an Occupational Safety and Health and Fire Prevention Committee. The Union will be afforded representatives on such Committees, the number of which is subject to local negotiation. The facility's Committee may establish subcommittees to address particular issues or subjects, and the Union will be represented on each subcommittee, The Union will be given the opportunity to have a representative on any other facility-level committee that relates to the safety and health issues of bargaining units. These will include, but not be limited to, Blood Borne Pathogens and Infection Control Committees.

I. The Union will be given the opportunity to participate in all scheduled workplace inspections which are intended to detect hazards to employee safety and health, whether conducted by Department Safety and Health personnel, non-Department employees acting on behalf of the Department, OSHA and Environmental Protection Agency (EPA) personnel, or other regulatory agencies and bodies.

Section 3 - Standards

A. The Department shall comply with Occupational Safety and Health Standards issued under Section 6 of the Act and/or where the Secretary of Labor has approved compliance with alternative standards in accordance with 29 CFR 1960. The Department will notify the Union in accordance with Article ____, Mid-Term Bargaining, prior to the submission of any alternate standards to the Secretary of Labor. On a case-by-case basis, the parties may adopt more stringent safety and/or health standards to address specific concerns.

B. Personal Protective Equipment (PPE), as required by appropriate OSHA standards to protect employees from hazardous conditions encountered during the performance of their official duties, will be provided at no cost to employees required to wear specific PPE. Hazard assessments to determine the need for PPE will be conducted by each facility for each workplace. These assessments will also evaluate the need for and feasibility of engineering controls or other devices designed to reduce workplace injuries and illnesses or eliminate the need for PPE. These assessments will be documented and a copy provided the Union. When assessments determine the appropriateness of PPE, affected employees will have the opportunity to choose from available styles and sizes to optimize employee comfort and protection. Employees will receive training on the proper use and care of PPE.

C. Nothing in this Section precludes local level negotiations.

Section 4 - Report, Evaluation, and Abatement of Unsafe and Unhealthful Working Conditions

A. Any employee, group of employees, or representative of employees who believe that an unsafe or unhealthful working condition exists in any workplace, has the right to report such condition to the appropriate supervisor, the facility director, the appropriate Department Safety and Health official, and the Union. In the case of immediate threat to life or danger of serious physical harm, the employee shall immediately report the situation to the supervisor and/or facility Safety and Health personnel.

B. Facility Safety and Health personnel and local safety representative will evaluate

employee reports of unsafe or unhealthful working conditions in accordance with 29 CFR 1960. The Union will be formally notified of all serious hazards as defined in 29 CFR 1960.

C. The Department agrees to ensure prompt abatement of unsafe and unhealthful working conditions.

D. If there is an emergency situation in an office or work area, the first concern is for the employees and customers. Should it become necessary to evacuate a building, Management will take precautions to guarantee the safety of employees. Individuals ordinarily will not be readmitted until it is determined in conjunction with whatever expert resources have been called in, depending on the circumstances, that there is no longer danger to the evacuated personnel. "Expert resources" may include, but are not limited to, local police departments, the Federal Protective Service, local fire departments, appropriate health authorities, etc. The Union Health and Safety Committee members or Union Health and Safety Representatives will be notified as soon as possible regarding the emergency situation.

E. An abatement plan will be prepared if the abatement of an unsafe or unhealthy working condition will not be possible within thirty (30) calendar days. Such plan shall contain a proposed timetable for the abatement and a summary of steps being taken in the interim to protect employees from being injured as a result of the unsafe or unhealthy working conditions.

F. When abatement action is dependent upon GSA or other lessors, the abatement must be prepared in conjunction with appropriate members of that group. The Facility Health and Safety Committee will be timely notified and consulted, and all personnel subject to the hazard shall be advised of interim measures in effect and shall be kept informed of subsequent progress on the abatement plan.

G. Prior to the establishment of the official abatement plan, the facility's safety and health official will request that the supervisor take interim steps for the protection of the employees. The supervisor shall comply with this request.

H. Any equipment, devices, structures, clothing, supplies, tools, or instruments that are found to be unsafe will be removed from service, locked-out, and/or tagged-out or rendered inoperative, as appropriate.

Section 5 - Comprehensive Analysis of Injuries and Illnesses

A. The Department agrees that comprehensive analysis will be performed to determine causes and appropriate corrective actions concerning patterns of injuries and illnesses that occur at each facility. The analysis will examine such factors as: the general conditions under which the affected employee's job is performed, the processes and procedures involved in the performance of that job, and any unusual factors that may have contributed to the injury or illness. Recommendations to correct the conditions that contributed to the injury or illness will be included in the written results of this analysis and presented to the facility safety committee.

B. Particular attention will be paid where patterns of injuries or illnesses are found in a given occupation, facility, or part of a facility. Experience in correcting hazards will be shared within the Department in an effort to find optimal ways of reducing injuries and illnesses.

Section 6 - Imminent Danger Situations

A. The term "imminent danger" means any conditions or practices in any workplace which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures (29 CFR 1960.2(u)).

B. In the case of imminent danger situations, employees shall make reports by the most expeditious means available. The employee has a right to decline to perform his assigned tasks 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 effectively seek corrective action through normal hazard reporting and abatement procedures. However, in these instances, the employee must report the situation to his supervisor or another supervisor who is immediately available.

C. If the condition can be corrected and the corrected condition does not pose an imminent danger, the employee must return to work. If the supervisor cannot correct the condition or does not feel that an imminent danger condition exists, the supervisor shall request an inspection by facility safety and/or health personnel.

D. A Union representative will be given the opportunity to be present during the inspection by the facility safety and/or health personnel. If facility safety and/or health personnel decide the condition does not pose an imminent danger, the instruction to return to work shall be in writing and contain a statement declaring the area or assignment to be safe. Refusal to perform an assignment after facility safety and/or health personnel have deemed it to be safe may result in disciplinary action. However, continued refusal by the employee at this point may be justified if there is a reasonable basis for the employee to believe the imminent danger still exists.

E. When Management receives a report that a dangerous, unhealthful or potentially dangerous or unhealthful condition is present at a particular work site, Management shall notify the Health and Safety Committee and the Local Union Health and Safety representative(s) of the alleged dangerous or unhealthful condition.

Section 7 - Training

A. The Department shall provide safety and health training for employees, including specialized job safety training, appropriate to the work performed by the employee. This training will address the Department's and the facility's Occupational Safety and Health Program, with emphasis on the rights and responsibilities of employees.

B. The Department will provide basic and specialized safety and health training for Union Safety and Health Representatives.

C. The Union will participate in the development of safety and health training, including curriculum and training materials.

Section 8 - Allegations of Reprisal

The Department agrees there will be no restraint, interference, coercion, discrimination, or reprisal directed against an employee for filing a report of an unsafe or unhealthful working condition or for participating in Department Occupational Safety and Health Program activities or because of the exercise by an employee on behalf of herself or others, of any right afforded by Section 19 of the Occupational Safety and Health Act, Executive Order 12196, or 29 CFR 1960.

Section 9 - Work-Related Injuries and Illnesses

A. Employees must report any and all injuries that are work-related to their supervisor. The supervisor will take appropriate action to insure that:

1. The employee has the opportunity to report to the Employee Health Physician or his/her personal physician for treatment, completion of necessary reports, etc.;

2. Appropriate facility personnel are promptly notified to ensure timely processing of necessary reports and employee claims. The Department agrees that assistance will be given to employees in preparing necessary forms and documents for submission to the Office of Workers' Compensation Programs (OWCP) and that employees will be informed of their rights under the Federal Employees' Compensation Act, as amended in 1974.

B. An employee who has sustained a work-related injury or illness will be required to perform duties only to the extent and limits as prescribed by the treating physician or the Employee Health Physician, as appropriate. No employee will be assigned duties when, in the physician's opinion, this would aggravate the employee's injury or illness. In the event that the employee's supervisor does not have limited duty that meets the physician's stated limitations for the employee, the supervisor will make a good faith effort to locate limited duty work within the facility that the employee can perform. If limited duty is not available, the employee will be placed on continuation of pay, if eligible, or in an appropriate leave status at the employee's option. The Union may suggest limited duty opportunities at the facility. The Union has the right to represent any unit employee at any stage of this procedure. (See Section 15, Fitness for Duty Examinations, paragraph C.)

Section 10 - Use of Insecticides and Other Like Chemicals

There will be no application of insecticides and other like chemicals during working hours. However, exceptions may be made in sensitive hospital areas. Such other chemicals include paint, carpet glue, HVAC cleaning agents, and similar construction or maintenance chemicals. Whenever pesticides are used in a large scale application, the Health and Safety Representatives as well as employees will receive advance notice about the spraying. Individuals with special health needs will be reasonably accommodated.

Section 11 - Leases

The parties recognize the potential impact of solicitations of offers from GSA. The Union will be notified timely of these situations. This provision is not a waiver of the Union's right to request additional information, consultation, and bargaining.

Section 12 - Temperature Conditions

The parties recognize that temperature conditions in and around work areas can have a direct bearing on employees' health. The parties agree that the problem of temperature extremes, either hot or cold, and appropriate measures to reduce the risk of exposed employees are appropriate matters for referral to established Health and Safety Committees or to the Local Health and Safety Representatives, as appropriate.

Section 13 - Asbestos

A. Management shall conduct an inspection in each facility to determine the existence of asbestos. Qualified inspectors will inspect the facility for asbestos under EPA standards for Hazardous Air Pollutants regulation.

B. Management will review all construction and/or space modification contracts and/or work orders to determine if asbestos is present and, if so, how to proceed with appropriate removal or containment.

C. Management will notify the local Union prior to initiating procedures for asbestos removal.

D. Where it has been determined that asbestos exists in a facility, Management will conduct periodic air sampling as appropriate.

E. If air sampling indicates that airborne concentrations of asbestos fibers exceeds regulatory levels, exposed employees will be notified in writing of the exposure within five (5) days after discovery of the excessive asbestos concentration. Management will assist affected employees in filling out and filing the appropriate OWCP forms.

F. If the airborne asbestos concentration amounts are exceeded, Management will insure abatement of the asbestos hazard pursuant to 29 CFR 1910.1001(f).

G. Once significant airborne asbestos particles are detected, Management will conduct sampling at intervals of no greater than three (3) months to monitor employee exposure levels.

H. Union Health and Safety representatives will be given training on asbestos removal and permitted to monitor removal procedures.

I. Union Health and Safety Representatives will be given a copy of all tests monitoring asbestos levels.

J. Asbestos abatement plans may include the discontinuance of work or the shifting of employee work location. Notice of such abatement action will be provided to the Union in advance, except in an emergency situation in which the Union will be notified as soon as possible. Management will meet its labor obligations in both instances.

K. Management will insure that all external surfaces within the unrestricted work environment in any facility shall be maintained free of accumulation of asbestos fibers.

L. Asbestos and asbestos-contaminated material shall be collected and disposed of in accordance with appropriate EPA regulations.

M. Management will institute a medical surveillance program for all employees substantively engaged in work involving asbestos for thirty (30) or more days per year. Employees who are exposed to airborne asbestos fibers will receive medical monitoring.

N. Management will make available medical examinations and consultations to each employee prior to assignment to an area containing asbestos which requires that negative pressure respirators be worn.

O. When an employee is assigned to an area where substantive asbestos exposure will exceed thirty (30) or more days per year, a medical examination must be given within ten (10) working days following the thirtieth day of exposure.

P. Management shall record all measurements taken to monitor employee exposure to asbestos including tremolite, anthophyllite, and actinolite. Such records shall be maintained for at least thirty (30) years. The records will include information such as the date of measurement, the operation which caused exposure, the sampling method employed by VA, the number, duration and results of the samples, type of protective devices worn, and name of the employee exposed.

Q. VA will initiate a maintenance program in all facilities that contain asbestos. Such a maintenance program will include:

1. Inventory of all asbestos-containing materials in a facility.

2. Periodic examinations of asbestos containing materials to detect deterioration.

3. Written procedures for handling asbestos materials.

4. Written procedures for asbestos disposal.

5. Written procedures for dealing with asbestos related emergencies.

6. Training of those required to handle asbestos containing material in safe handling procedures.

7. Training of all affected personnel in prohibited activities which would enhance dangerous exposure.

8. Management must inform all affected employees regarding the standards contained within this Section regarding asbestos.

Such information must be provided to each employee on a yearly basis and include instructions regarding safe asbestos handling. Also, access to information regarding exposure records and medical records must be provided on a yearly basis.

Section 14 - Use of Respirators

Situations requiring employees to wear respirators for safety shall be a subject for local bargaining which will include a process for respirator fit testing.

Section 15 - On-site Security

A. Management will make reasonable efforts to protect employees from abusive and threatening occurrences and will take reasonable precautions to ensure such protections.

B. The Department will arrange for emergency protective assistance at each facility to enable employees to receive assistance if the situation requires it.

C. Whenever an employee is faced with a physically threatening situation, Management will provide appropriate assistance.

D. Employees will not be required to divulge personally identifiable information to the public in individual circumstances where the employee reasonably believes harassment or physical abuse may result. In such cases, the employee should inform the supervisor in a timely manner.

E. The Department will equip reception areas with appropriate security devices to ensure, to the maximum extent possible, employee safety.

F. All phones will be labeled with appropriate emergency numbers.

Section 16 - Emergency Preparedness

A. Each facility shall have an emergency preparedness plan. This plan will publish the chain of command which will identify a member of Management who will be physically present for employee direction during all scheduled work hours in each installation. The plan will also cover employee procedures in the event of fire, earthquake, bomb threat, tornado, flood, hurricane, or similar emergency. Evacuation drills will be conducted quarterly.

B. Management agrees to make reasonable efforts to assure that each installation has adequate personnel available to administer cardio-pulmonary resuscitation (CPR). All clinical personnel and other employees required to respond to Code Calls will become familiar with all work site locations within the facility.

1. The Administration will provide CPR shields and masks for those employees administering CPR.

2. Training for CPR certification and/or recertification will be at no cost to the employees.

C. Management agrees that the first concern when an employee is injured on the job is to make certain that the employee gets prompt emergency medical aid. Doubts over whether medical attention is necessary will be resolved in favor of arranging medical aid.

D. When it is necessary to assist an employee return home because of illness or incapacitation or to provide transportation to a medical facility, Management will arrange for transportation. If a co-worker is required to transport the employee, there will be no charge to leave for the co-worker.

E. Management agrees to maintain adequate first aid supplies at each permanent installation. All employees will have reasonable access to these supplies.

Section 17 - Smoking Cessation Program

A. The parties agree that they will intensify efforts to assist those employees who are interested in breaking the smoking habit. The parties are committed to making cessation programs available to each and every employee who wishes to participate in them. The mechanics of the programs are an appropriate subject for local bargaining. Programs will include or be similar to programs conducted by the American Lung Association or the American Heart Association.

B. Employees who wish to stop smoking but who are unable to successfully complete a smoking cessation program, or who have quit smoking but are experiencing related difficulties, may seek additional assistance through the Employee Assistance Program. Employee participation in assistance or cessation programs is strictly voluntary.

Section 18 - Video Display Terminals

"Video Display Terminal" (VDT) refers to a work processor or computer terminal which displays information on a television-like screen (cathode ray tube).

A. The policy of the Department is to provide safe and healthful workplaces for all employees. In keeping with the policy, the Department acknowledges that there are certain ergonomic and environmental factors that can contribute to the health and comfort of VDT users. These factors involve the proper design of work stations and the education of managers, supervisors, and employees about the ergonomic job design and organizational solutions to VDT problems as recommended in various studies published by the National Institute for Occupational Safety and Health (NIOSH).

B. The Department agrees that employees should be provided information about ergonomic hazards and how to prevent ergonomically-related injuries. This information could be provided by Occupational Safety and Health Administration (OSHA) Safety and Health Guidelines and other available literature. The Department agrees to provide, to the maximum extent possible, equipment (chairs, tables, workstations, lighting, keyboards and screens, printers, etc.) which meets ergonomic design criteria. It is also agreed that when equipment is purchased, to the extent possible, training should be provided by vendor on how to safely and properly operate that equipment.

C. The Department will achieve this policy by:

1. Accruing VDTs and accessory equipment that, to the maximum practical extent, provide comfort to the user and keyboards, worktables, and chairs that are height-adjustable and provide proper back support.

2. Consulting where practical with employees prior to purchase about furniture for use with VDTs.

3. Seeking and acquiring information and technical assistance, as needed, from appropriate resources on methods for most effectively designing VDT work station layouts.

4. Laying out workspaces that are properly illuminated to reduce glare and ensure visual comfort to VDT users while providing adequate lighting for traditional clerical tasks.

5. Educating employees about the proper and safe operations of VDTs, including the value of interspersing prolonged periods of VDT use with other work tasks requiring less intensive visual concentration. Where there are prolonged periods of VDT use and no other work tasks available, those employees should be given a rest break.

6. Distributing information to all employees on a periodic basis on VDTs and ergonomic furniture and identifying Department resources for more information.

7. Reviewing the set-up of equipment and furniture for VDT work stations as a regular part of safety and health inspections.

D. VDT Emissions Test - In accordance with standards for acceptable radiation emissions of VDTs (cathode ray tubes), Management will conduct periodic tests of terminals for any emissions. Any terminal that tests above standard will be repaired to meet the standard, or it will be removed from service.

E. Non-VDT Work Reassignment Request. If a pregnant employee requests reassignment for all or some portion of her pregnancy and has a written recommendation from her physician, the Department will reassign that employee to work that does not involve the use of a VDT.

F. VDT Breaks - Where an employee uses a VDT or other keying device for at least one hour, the employee shall receive a 10-minute break for every hour of utilization. Such breaks will be in addition to regularly scheduled rest periods. This does not preclude employees from receiving rest breaks when suitable non-VDT work is not available.

Section 19 - Indoor Air Quality

A. The parties agree that all employees are entitled to work in an environment containing safe and healthful indoor air quality.

B. The Department shall provide safe and healthful indoor air quality by conforming to laws, guidelines, regulations, and/or policies issued by federal regulatory agencies such as OSHA, EPA, and GSA.

C. On-site investigations/inspections will be conducted when a problem concerning Indoor Air Quality or Building Related Illness is formally brought to Management's attention. These investigations/inspections shall meet the criteria of the GSA Federal Property Management Regulations and the American Society of Heating, Refrigerating and Air Conditioning Engineers, the protocols of OSHA, or the American Conference of Government Industrial Hygienists.

D. In compliance with engineering standards, the Department shall maintain ventilation efficiency.

E. In all facilities the Department shall ensure that:

1. Appropriate measures are taken to minimize and/or eliminate the impact of contamination from outside sources such as garages, cooling towers, building exhausts, etc. Where the levels of such contaminants become health threatening, management will either seek to relocate or evacuate the facility.

2. The Department will make reasonable efforts to provide comfortable humidity and temperature control.

F. Microbial Contamination

1. The Department agrees to eliminate or control all known and potential sources of microbial contaminants by assessments and appropriate response to all areas where water collection and leakage has occurred including floors, roofs, HVAC cooling coils, drain pans, humidifiers containing reservoirs of stagnant water, air washers, fan coil units, and filters. Such response will normally require prompt cleaning and repair of contaminated areas.

2. The Department also agrees to:

a. Clean and disinfect or remove and discard porous organic materials that are contaminated (e.g., damp insulation in ventilation system, moldy ceiling tiles, and mildewed carpets) and

b. Clean and disinfect non-porous surfaces where microbial growth has occurred with detergents, microbicides, or other biocides and insuring that these cleaners have been removed before air handling units are turned on. In any leased space the Department will deal with the lessor and/or GSA to achieve these objectives.

Section 20 - Renovation and Construction

A. Wherever management decides to alter the physical work site of employees represented by the Union, the Union Local will be notified in advance in accordance with Article ____ (Mid-term Bargaining).

B. The Department will:

1. Isolate areas of significant renovation, painting, and carpet laying from occupied areas that are not under construction;

2. Perform this work during evenings and weekends. Ensure that contaminated concentrations are sufficiently diluted prior to occupancy;

3. Supply adequate ventilation during and after completion of work to assist in dilution of the contaminant level; and

4. In leased space work with the lessor and/or GSA in order to achieve and maintain these standards.

Section 21 - Wellness Program; Stress

A. The parties agree that recognizing, minimizing, and coping with stress are essential parts of employee wellness. Management will provide training at least annually on stress reduction. This will be a part of each facility's Wellness Program.

B. Employees who feel they are experiencing harmful levels of job-related stress may contact employee counseling services.

C. Department facilities will establish Wellness Committees or sub-committees to address wellness and health programs.

D. The Department agrees to provide the following services:

1. Emergency diagnosis and initial treatment of injury or illness that becomes necessary during working hours and that is within the competency of the professional staff and facilities of the health service units. If the injury or illness is work-related and the above-described services are not available, the employee will be transported to the appropriate medical facility.

2. Provision for special health examinations for specific categories of employees whose work environment presents peculiar health hazards.

3. Individual facilities will provide diagnosis and/or screening tests and health education programs for unit employees as a health service. It is understood by the parties that these services are subordinate to the Department's mission. These services will be subject to Management's determination of available resources.

4. Referral of employees to private physicians, dentists, and other community health resources, upon request. An employee will be expected to notify his supervisor of his intention to seek medical treatment in health units. When this is not feasible, the employee may report directly to the health unit or person authorized to render emergency care.

5. Each facility where employees are exposed to chemical or biological hazards will implement a medical surveillance program in accordance with applicable regulations.

Section 22 - Equipment, Machinery, and Furniture

A. Employees are encouraged to report (see Section 4) equipment, machinery, or furniture that cause or have potential to cause injuries such as repetitive motion injuries. The Department agrees to investigate such reports expeditiously and to implement appropriate corrective action.

B. As much as possible, equipment, machinery, and furniture purchased by the Department will be ergonomically compatible with the individual. The local Union will be involved in the development of facility policies that address the selection and purchase of equipment, machinery, and furniture.

C. The Department will ensure that employees have been oriented to the use of new equipment or machinery and will ensure that this equipment or machinery has been inspected before initial use, when required.

D. Only qualified personnel shall perform maintenance or repair on or about moving or operating machines. This does not preclude the normal or necessary adjustments to be made to machinery or equipment while in operation. Qualified personnel shall not be required to perform any maintenance or repair while the machine is in operation where it can be shown that there is a substantial risk of injury or a feasible alternative exists.

Section 23 - Workplace Violence

The parties agree that violence should be eliminated from all workplaces within the Department. Each facility will develop a policy on the prevention of violence.

Section 24 - Safety and Health Records

A. The Department agrees to compile and maintain records required by the Occupational Safety and Health Act and VA Safety and Health Programs. The Department agrees to ensure access by employees, former employees, and Union representatives to records/logs of facility occupational injuries and illnesses (including copies of accident reports) and to the annual summary of these in accordance with 29 CFR 1960, consistent with Freedom of Information Act and Privacy Act requirements.

B. The Department and the Union will identify employees who occupy positions that carry potential risks to their health. The Parties will establish and maintain procedures for the medical surveillance of such employees.

Section 25 -Hazardous Duty Pay and Environmental Differential

A. Environmental Differential (Federal Wage System)

1. In accordance with 5 CFR Part 532, Subpart E, Appendix A, the appropriate environmental differential will be paid to an employee who is exposed to an unusually severe hazard, physical hardship, or a working condition meeting the standards described under the categories stated therein.

2. If at any time an employee and/or the Union believes that differential pay is warranted under 5 CFR Part 532, Subpart E, Appendix A, the matter may be raised at step 3 of the negotiated grievance procedure.

B. Hazardous Duty Pay

1. Pay for irregular or intermittent duty involving physical hardship or hazard for GS employees will be paid in accordance with the provisions of OPM regulations (5 CFR, Part 550, Sub-part I).

2. The Parties agree that any physical hardship or hazardous duties must be considered as part of position classification. Upon request, the Department shall inform the employee or Union whether or not such duties were taken into account in establishing the grade of the position and how the duties affected the grade established including whether, absent those duties, the grade would have been lower.

Section 26 - Arrangements for Health Hazards Involving Communicable Diseases

The facility will:

A. Make appropriate arrangements for employees interviewing individuals with known communicable disease.

B. Take appropriate precautions when there is contact with a person who may have tuberculosis (TB). Employees with exposure or potential exposure to TB will be offered TB screening tests during working hours at no cost to the employees.

C. Keep records of employees' exposure to active TB at the work site.

D. Take appropriate precautions against the spread of infectious diseases.

E. Provide timely testing for employees who reasonably believe they were exposed in the course of their employment to a serious infectious disease. There will be no cost to the employees for leave or the exam.

Section 27 - Pollution Prevention Strategy

A. Management will maintain a current list of all hazardous materials in their respective sections/services and will be required to maintain paper copies of current Material Safety Data Sheets (MSDS) in each workplace

B. All facilities will identify each employee using hazardous chemicals in the performance of his/her duties.

C. Assessments will be made for each of the hazardous chemicals and determine if there could be a less hazardous chemical which would fulfill the respective need.

D. All chemicals or hazardous materials purchased shall require MSDS with purchase.

E. Employees will be retrained at least annually on the handling and disposal of each hazardous chemical.

F. The Professional Industrial Hygienist will perform a physical inventory and audit January and July of each year and report to the facility Safety Committee on the compliance requirements, training needs of persons handling hazardous chemicals and disposals requirements.

G. Types and quantities of hazardous waste generated at each health care facility and the methods used for disposal of each type of waste will be identified.

H. The facility Safety Committee will review methods used to dispose of hazardous waste for compliance with applicable criteria.

I. All affected employees will be informed of which may be affected by each hazardous chemical and the risks associated with the hazardous chemicals.

J. Monitoring is a proper subject for the Safety and Health Committee.