CUNY Contract — Safety & Health

ARTICLE XVI — OCCUPATIONAL SAFETY AND HEALTH

Section 1.

The Labor-Management Committee established pursuant to Article XIX shall sit, from time to time, as an Occupational Safety and Health Committee.

Section 2.

1. All employees shall be provided with adequate, clean, structurally safe, and sanitary working facilities.
    
2. Employees who are required to use motor vehicles and power equipment shall be provided with equipment which is in compliance with minimum standards of applicable law.
    
3. The University shall provide, where necessary, first-aid chests, adequately marked and stocked and in sufficient quantity for the number of employees likely to need them. Such chests shall be reasonably accessible to the employees.
    
4. Except as otherwise provided by law, the sole remedy for alleged violations of this Section shall be a grievance pursuant to Article XXX of this Agreement. Any employee who withholds services under circumstances not authorized by law, as a means of redressing or otherwise protesting alleged violations of this Section, shall be docked pay for any unauthorized non-performance of work and may be subject to any appropriate disciplinary action.
    
5. In construing this Section, an arbitrator shall initially have the power only to decide whether the subject facilities meet the standards of subsection (a) of this Section. If the arbitrator determines that the University is in violation of this Section, the University shall take appropriate steps to remedy the violation. If in the opinion of the Union the University does not achieve compliance within a reasonable period of time, the Union may reassert its claim to the arbitrator. Upon such second submission, if the arbitrator finds that the University has had a reasonable time to comply with the terms of this Section and has failed to do so, then and only then, the arbitrator may order the University to follow a particular course of action which will effectuate compliance with the terms of this section. However, such remedy shall not exceed appropriations available in the current budget allocation for the University for such purposes.
    
6. The University shall make reasonable efforts to provide for the personal security of employees who work in buildings operated by the University, during such hours as said buildings are open to students, staff, University community and to the public.