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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

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