Section 1. The appointing authority shall comply with any and every applicable statute, federal and state, and with any such rules and regulations as may be promulgated thereunder, that govern the conditions of health and safety in the place of work of its employees. The appointing authority may promulgate and enforce any such rules and regulations as it may deem appropriate from time to time to provide for the safety of its employees and to ensure compliance with any such statute or with the rules and regulations promulgated thereunder.

Section 2. The appointing authority agrees to provide a safe, clean, wholesome surrounding in all places of employment. In order to promote such an environment, the appointing authority agrees that no person shall smoke in any university building except as permitted by the University Smoke Free Campus Policy.

Section 3. In locations where valves or other control devices may be located, the person in charge shall ascertain that no obnoxious or poisonous gases are present therein before permitting any employee to enter. When such gases are present, no employee shall be permitted to enter the area until the situation is corrected. Protective devices must be used where any danger is present. Department heads shall make reasonable effort to avoid making work assignments which expose inadequately equipped employees to the harmful effects of hazardous substances (e.g. asbestos, pcb's, arsenic, etc.).

Section 4. Eye shields, ear guards or other protective face guards shall be furnished without cost to all employees where required for their work in the units represented by the Association. If an employee loses these eye shields, then the employee shall assume all costs of replacement.

Section 5. Department heads shall at all times be concerned with the safety and health of employees of their respective departments.

Section 6. The appointing authority shall issue instructions to all supervisory personnel to carry out the provisions of this Article.

Section 7. If a tool, machine or piece of equipment is dangerous to operate because of its condition, the supervisor shall not permit its use until authorized by his/her department head or his/her designee.

Section 8. The appointing authority agrees to furnish uniforms and protective clothing to the employees covered by this Agreement, as provided for in the provisions of Administrative Notice B-24- 2. 6/28/74. The appointing authority agrees to supply employees with lockable facilities as convenient as possible to their area. Said facilities should provide protection to property of the employees concerned. The appointing authority will make every effort to provide staff rooms for the use of employees to partake of meals in a clean and wholesome atmosphere. The appointing authority will encourage the inclusion of such staff rooms in buildings to be constructed or renovated.

Section 9. An employee should report any condition which he/she believes to be injurious to his/her health to the administrative head of the work location.

Section 10. A copy of the provisions of this Article shall be conspicuously posted in each work location.

Section 11. Grievances involving the interpretation or application of the provisions of this Article may be processed through Step four (4) of the Grievance Procedure set forth in Article 27, but may not be subject to arbitration. However any such grievance which remains unresolved following the Step 3 decision may be referred to the Director of the Department of Environmental Health and Safety for an evaluation and recommendation in writing prior to proceeding to Step 4.

Section 12. The official University Health and Safety Committee includes representatives of all campus constituencies, including the Association. The appointing authority agrees to continue to be responsive to the recommendations of this Committee.

Section 13. When an employee is separated from the payroll because he/she has exhausted his/her sick leave, the appointing authority shall furnish the necessary forms for requesting group insurance coverage on a current premium basis.

Section 14. Where toxic or radioactive materials are in use and known to the appointing authority to be injurious to employees, such areas shall be identified and posted.

Section 15. Areas found to contain friable asbestos-containing materials shall be posted, and all reports of suspected areas of asbestos hazard shall be promptly investigated.

Section 16. The appointing authority will give the highest priority to employees' health and safety in the purchase, maintenance and use of Video Display Terminals (VDTs). Upon written request of the Association, the appointing authority will make available to the Association the published safety and health specifications which have been provided by the manufacturer or lessor for VDTs purchased or leased subsequent to the execution of this Agreement. The appointing authority will make appropriate corrections for any reported VDT focus and clarity of image problem(s). VDT operators shall not be required to perform continuous duties at the work screen for periods in excess of two (2) hours at a time. For each consecutive two (2) hour period worked at his/her station, the employee shall be entitled to be away from the screen for a contiguous period of fifteen (15) minutes. Such fifteen (15) minute period may consist of an alternative job assignment or any break or lunch period otherwise authorized by this Agreement. Pregnant employees who work on VDT systems may request temporary re-assignment within their job description or a comparable position, and be re-assigned within two weeks of notification for the duration of the pregnancy. Such work assignment shall be determined by the Appointing Authority or its designee. This request must be in writing to the Appointing Authority with verification from the employee's physician.

Section 17. Where credible evidence exists (as determined by the appropriate state agency or department) of a communicable disease (e.g., tuberculosis, hepatitis B, etc.), the employer shall - forthwith - make every reasonable effort to provide all employees coming into contact with the afflicted person(s) and/or environment, with appropriate training and advice. Management will take necessary prevention action in accordance with existing medical practice when a person is suspected to have a communicable transmittable disease.

Section 18. If an employee believes that he or she is working in an unusually hot or cold location, the employee may request that the supervisor or the department head investigate the matter. If the condition cannot be corrected within a reasonable period, the supervisor/department head shall reassign bargaining unit members to another area until the condition is corrected. If no suitable alternative space is available, and the condition cannot be corrected within a reasonable period of time ad determined by the supervisor/department head after consultation with the designee of the Vice Chancellor of Administration and Finance, employees will be released from work without loss of pay or benefits until the condition is corrected or suitable work space is made available.

Section 19. Within thirty (30) days of the execution of this Agreement, the appointing authority and the Association agree to create a joint Health and Safety Committee consisting of two (2) representatives chosen by the appointing authority and two (2) representatives chosen by the Association. The Committee shall meet at least semi-annually and may recommend safety and training programs to the appointing authority.

Section 20. Clean Up Time. A supervisor is responsible for providing reasonable clean up and wash up time within the normally scheduled work day or overtime period for employees working in jobs which are especially dirty or which require clean-up for reasons of safety or health.