1749841 - PowerPoint Presentation

Presented by Ronald Reynolds National Association of Government Employees 1

29 CFR 1960(a) ~The purpose of employee reports is to inform agencies of the existence of, or potential for, unsafe or unhealthful working conditions. Employee reports under 29 CFR 1960 are not grievances. ~ Employee reports under 29 CFR 1960 are not grievances. 2

29 CFR 1960(b)~ This section provides guidance in establishing a channel of communication between agency employees and those with responsibilities for safety and health matters ~ These channels of communication are intended to assure prompt analysis and response to reports of unsafe or unhealthful working conditions in accordance with the requirements of Executive Order 12196. 3

29 CFR 1960(b)~ Many safety and health problems can be eliminated as soon as they are identified. ~ The existence of a formal channel of communication shall not preclude immediate corrective action by an employee's supervisor in response to oral reports of unsafe or unhealthful working conditions where such action is possible. ~ An employee should not be required to wait for the outcome of such an oral report before filing a written report pursuant to the provisions of this section. 4

29 CFR 1960(c) ~ Any employee or representative of employees, who believes that an unsafe or unhealthful working condition exists in any workplace where such employee is employed, shall have the right and is encouraged to make a report of the unsafe or unhealthful working condition to an appropriate agency safety and health official and request an inspection of such workplace for this purpose. 5

29 CFR 1960(c)~The report shall be reduced to writing either by the individual submitting the report or, in the case of an oral notification, by the above official or other person designated to receive the reports in the workplace. ~ Any such report shall set forth grounds for the report and shall contain the name of the employee or representative of employees. 6

29 CFR 1960(c)~ Upon the request of the individual making such report, no person shall disclose the name of the individual making the report or the names of individual employees referred to in the report , to anyone other than authorized representatives of the Secretary. ~ In the case of imminent danger situations, employees shall make reports by the most expeditious means available. 7

VHA Handbook 7701.1VISN Director is responsible for : ~12 (10) Developing and implementing a policy to ensure the rights of employees to file reports of unsafe or unhealthful working conditions including the right to file anonymous reports and the prohibition of reprisal, must include all elements required by 29 CFR 1960.28. 8

VHA Handbook 7701.1VISN Director is responsible for : ~ (11) Ensuring there is an investigation of employee reports of unsafe or unhealthful working conditions. ~ (a) VISN OSH staff is responsible for investigating all reports of unsafe or unhealthful working conditions that cannot be resolved at the facility level. ~ (b) The VISN OSH Office maintains a documented list of reports investigated, including action taken to resolve the report. 9

VHA Handbook 7701.01Facility Directors Responsibilities ~ Completing required Supervisor Safety training and ensuring the completion of all required training for employees under their supervision. ~Evaluating the hazards of each job in their assigned work area. ~ Identifying and reporting unsafe and unhealthful workplace conditions and initiating corrective action, as appropriate. 10

VHA Handbook 7701.01Facility Directors Responsibilities ~Participating in the facility AWE by attending the opening and closing conferences. ~Reviewing the AWE report. ~Reviewing and approving initial and follow-up abatement reports. 11

VHA Handbook 7701.01Facility Directors ResponsibilitiesEnsuring correction of deficiencies cited as a result of the AWE; this includes: ~Ensuring Union participation ~The Director must provide copies of the AWE report, the abatement plan, and all follow-up reports to the Unions. 12

VHA Handbook 7701.01Facility Directors Responsibilities~ Ensuring, that upon receipt of the AWE report, a Notice citing the OSHA deficiencies is posted at, or near, each place an unsafe or unhealthful working condition exists or existed .~ If it is not possible to post the Notice at or near each location, the Notice must be posted in a prominent place where it will be readily observable by all affected employees. ~This Notice must remain posted until the condition is abated or for 3 days, whichever is longer. 13

~Training employees to use safe work practices and to making suggestions for improving the OSH Program~Correcting employees demonstrating unsafe work practices and initiating re-training. ~Reporting and initiating an investigation of employee workplace injuries and illnesses and facilitating employees receiving prompt and appropriate medical attention. ~ Ensuring unsafe or unhealthful working conditions are reported immediately. VHA Handbook 7701.01 Facility Directors Responsibilities 14

NOTE: EMPLOYEES ARE ENCOURAGED TO REPORT UNSAFE OR UNHEALTHFUL WORKING CONDTIONS TO THEIR SUPERVISOR!VHA Handbook 7701.01 Facility Directors Responsibilities15

~If an employee is uncomfortable with discussing the unsafe or unhealthful working condition with the supervisor, or considers the corrective action or implementation schedule inadequate, the employee may notify facility OSH personnel or the Union representative.~Employees are encouraged to submit notifications in writing. ~Any request to remain anonymous must be clearly stated. VHA Handbook 7701.01Facility Directors Responsibilities 16

~The employee must be notified in writing within 15 days if a hazard investigation is not warranted otherwise for: a. Employee reports of imminent danger conditions, an inspection must be conducted immediately b. Potentially serious conditions, an inspection must be conducted as soon as possible, but within 3 working days c. Other than serious safety and health conditions, an inspection must be conducted within 10 working days. VHA Handbook 7701.01 Facility Directors Responsibilities 17

If the employee is not satisfied with the timeliness or response of the facility management team, the employee is encouraged to contact the official responsible for the OSH Program management at the next higher organizational level as noted on VA Form 2180, VA Occupational Safety and Health Poster. VHA Handbook 7701.01Facility Directors Responsibilities 18

~ The employee may contact OSHA concerning unsafe or unhealthful working conditions at any time without reprisal. However, the employee is encouraged to work within VHA to resolve the condition.~ Final investigative reports are to be made available to the employee within 15 days after the completion of investigation.VHA Handbook 7701.01 Facility Directors Responsibilities 19

~ Reprisal against employees who exercise their rights under the OSH Program is prohibited. ~ A record of all formal reports of unsafe and unhealthful working conditions must be reported on VA Form 2169, Request for Inspection of Workplace, and be maintained in the facility OSH Office. ~ VA Form 2180, must be posted conspicuously in areas accessible to each employee. VHA Handbook 7701.01 Facility Directors Responsibilities 20

~Any employee, group of employees, or representatives of employees who believe that an unsafe or unhealthful working condition exists in any workplace have the right to report such condition to the appropriate supervisor, the facility Director, the appropriate Management Safety and Health Official, or the Local. ~In the case of immediate threat to life or danger of serious physical harm, the employee shall immediately report the situation to the supervisor or Safety and Health personnel. SAFETY, HEALTH, AND ENVIRONMENT Report, Evaluation, and Abatement of Unsafe and Unhealthful Working Conditions Contract Language – NAGE ( others unions have similar contract language) 21

~Safety and Health personnel and the Local safety representative will evaluate employee reports of unsafe or unhealthful working conditions in accordance with 29 CFR § 1960. The Local will be formally notified of all serious hazards as defined in 29 CFR § 1960.el.SAFETY, HEALTH, AND ENVIRONMENTReport, Evaluation, and Abatement of Unsafe and Unhealthful Working Conditions Contract Language – NAGE ( others unions have similar contract language ) 22

Contract Language - NAGE ~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. ~Management agrees to ensure prompt abatement of unsafe and unhealthful working conditions. 23

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 will not be readmitted until it is determined, in conjunction with expert resources, that no danger exists to the evacuated personnel. Contract Language - NAGE 24

~Expert resources” may include, but are not limited to, local police departments, the Federal Protective Service, local fire departments and appropriate health authorities. ~The Local Health and Safety Committee members or Local Health and Safety Representative(s) will be notified as soon as possible regarding the emergency situation .Contract Language - AFGE 25

~ An abatement plan will be prepared if the abatement of an unsafe or unhealthy working condition will not be possible within thirty 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. Contract Language - NAGE 26

~When abatement action is dependent upon GSA or other lessors, the abatement must be prepared in conjunction with appropriate members of that group. ~The 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. Contract Language - NAGE 27

Prior to the establishment of the official abatement plan, the 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.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. Contract Language - NAGE28

Procedures to Follow if you Identify anUnsafe/Unhealthful Working ConditionVA employees are encouraged to immediately report any situation they believe creates an unsafe or unhealthful working condition. Reports may be submitted by telephone, in person, or preferably in writing Reprisals against employees for reporting unsafe or unhealthful working conditions are prohibited under regulatory and administrative procedures and may result in disciplinary action. 29

Procedures to Follow if you Identify anUnsafe/Unhealthful Working ConditionPlease follow the steps listed below when reporting actual or potential safety or health problems: ~Report your unsafe/unhealthful working condition to your facility’s management: ~ Notify your supervisor of the nature, location, and your assessment of the potential harm of the unsafe or unhealthful working condition. 30

Procedures to Follow if you Identify anUnsafe/Unhealthful Working ConditionPlease follow the steps listed below when reporting actual or potential safety or health problems: If the condition presents an imminent danger to persons in the vicinity of the hazard (severe harm would occur unless action is taken immediately), contact your nearest management official for assistance. When time permits, you are encouraged to work through your facility safety and occupational health committee. 31

Procedures to Follow if you Identify anUnsafe/Unhealthful Working Condition If you do not wish to discuss the unsafe or unhealthful working condition with your supervisor, or are unsatisfied with the timeliness or action of your supervisor, bring your concerns to the attention of your facility safety and occupational health officer, facility management official, or union representative. 32

Procedures to Follow if you Identify anUnsafe/Unhealthful Working ConditionThe facility occupational safety and health designee is identified on the Occupational Safety and Health Poster ( VA Form 2180) posted at your facility. You should clearly advise these representatives if it is your wish to remain anonymous.33

And Why ReportUnsafe & Unhealthful Working Conditions??? 34