Health and Safety Manual

Appendix B
Health and Safety Committee Joint Labor/Management

Bylaws

Objectives

Consistent with their individual and collective regulatory, and contractual responsibilities, the California Integrated Waste Management Board and the several employee organizations--the California Association of Professional Scientists (CAPS), the California State Employees' Association (CSEA), and the Professional Engineers in California Government (PECG)--have formed a joint labor/management Health and Safety Committee to meet and discuss safety issues and recommend appropriate action, make recommendations from time to time on the subject of safety, safety promotion, and methods to encourage employees to be more safety conscious. It is the intent of all parties to establish, promote and maintain a safe and healthful working environment for all employees.

To ensure a safe and healthful workplace, the Board has implemented a comprehensive Illness and Injury Prevention Program (IIPP) designed to meet the following regulations and requirements:

• Title 8, California Code of Regulations (T8, CCR) General Industry Safety Orders
• California Labor Code
• Ralph C. Dills Act, Government Code Section 3512, et seq.
• California Government Code and all Department of Personnel Administration (Title 2, Division 1, Chapter 3 CCR) rules and all applicable Executive Orders
• All other applicable state and federal laws, including laws on disability, rehabilitation and information practices
• California State Administration Manual
• State and federal "right to know" laws 

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Roles and Responsibilities

Management

Management has the primary responsibility for protecting the life, health and safety of the Board's employees. Management shall implement the IIPP and assure the active participation of all employees in promoting a safe workplace.

The Board shall commit the following resources to ensure the effective implementation of the IIPP:

• personnel
• physical facilities
• equipment and supplies
• funds  

In order for the Board to satisfy its responsibilities, it may be necessary for management to implement additional written policies such as smoking policies.

Employee Organization (Unions) and Represented Employees

The representative of the several Unions shall cooperate in promoting safe and healthful workplace for their members. Union rights include "meet and discuss sessions with management, providing training for the information to their members, and resolution of problems through the expedited health and safety grievance/arbitration procedures.

All employees have a right under the "duty clause" of the California Labor Code (Labor Code Section 6400 et seq.) to a safe workplace. Represented employees have a right under their union contracts to ensure a safe workplace. All represented employees have the responsibility to report health or safety issues, problems and hazards to their immediate supervisor.

In general, employees shall respond to safety and health provisions instituted in the IIPP for their individual and collective welfare.

Health and Safety Officer

Management shall appoint a Health and Safety Officer who shall be directly responsible for the effective implementation of the IIPP.

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Health and Safety Committee

The Board shall establish a joint labor/management Health and Safety Committee.

Membership

The Committee shall consist of one representative from each bargaining unit employed by the Board and up to an equal number of management representatives.

Each party represented on the Committee shall have the sole right to determine the process for selection of its representative(s). In the case of the unions with Southern California office members, each union shall be allowed to determine how its one vote shall be allocated.

If any representative is unable to attend part or all of a Committee meeting, the representative may designate a proxy. The proxy shall have all rights and responsibilities of the absent representative and shall exercise the absent representative's authority to vote on Committee matters.

If the proxy is another representative, the proxy shall have separate voting authority to vote as a representative and as a proxy.

Committee Chair and Secretary

The Health and Safety Committee chair shall rotate every twelve months between management and labor members. The Committee shall also elect a secretary who shall be responsible for recording and maintaining minutes and other records of the Committee.

Health and Safety Officer

The Health and Safety Officer shall be an ex officio member of the Health and Safety Committee and shall provide information and reports on the IIPP and health and safety matters to the Committee as required.

Meeting Schedule and Attendance

The Committee shall meet at least quarterly. A quorum shall consist of four members with at least two management members and two labor members. The Chair of the Committee may call special meetings, but only after all members have been advised with sufficient notice.

Compensation

Members of the Committee shall serve without loss of compensation. The writing of minutes, memorandums, and correspondence shall also be accomplished on state time and at the employer's expense.

Board employees are welcome to attend Committee meetings without loss of compensation.

Communications

Committee representatives shall be allowed reasonable use of state equipment and supplies to communicate with their represented members regarding health and safety issues considered (or scheduled to be considered) by the Committee including actions of the Committee.

The Committee shall post upon a Health and Safety bulletin board, for a period of not less than thirty days, any actions taken by the Committee. Management shall provide a health and Safety bulletin board at each work location for posting committee actions and other health and safety information.

Committee Responsibilities

The Health and Safety Committee shall meet for the purpose of discussing health and safety issues and recommending appropriate actions, making recommendations on the subjects of safety, safety promotion, and how to encourage employees to b more conscious of safety.

Specifically, the Committee's functions shall include, but not be limited to the following:

1. Review and recommend changes and additions to the Board's Injury and Illness Prevention Program (IIPP).

2. Review, discuss and, if necessary, recommend corrective action for all health and safety hazards which come to the Committee's attention.

3. Discuss health and safety equipment requirements and needs and make specific recommendations for health and safety equipment purchases, uses, storage, training and maintenance.

4. Discuss accident and illness (occupational health) data. Make recommendations for revised work procedures and/or equipment to ensure against reoccurrence of accidents and to mitigate hazards.

5. Discuss medical monitoring and make recommendations that take into account the status of current technology, scientific recommendations for such programs, and the need for specific personnel to receive regular medical monitoring. Medial monitoring examinations for employees covered by such a program shall be conducted at state expense.

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