Alcohol/Drugs Assistance Program  |  Committee  |  Clothing and Equipment
Medical Documentation/information  |  Physical Fitness  |  Safety/Health Hazards
Smoking  |  Solitary Assignment  |  Training  |  Miscellaneous

1. Assigning the duties of alcohol and drug abuse counselor to employees who possessed training and experience in treating persons suffering from alcoholism, drug abuse, depression and related problems, and who had a working knowledge of the techniques of counseling, treatment and rehabilitation methods. NFFE, Local 1332, 3 FLRA 200 [PN]
2. Issuing guidelines to supervisors on how to identify employees with drug and alcohol problems. AFGE, Local 2105, 4 FLRA 578 [NN]
3. Setting forth the responsibilities of various offices and officials under the employee assistance program. AFSCME, Local 2910, 11 FLRA 632, Proposals 1 and 2 [NN]
4. Restricting management access to records under the employee assistance program. AFSCME, Local 2910, 11 FLRA 632, Proposal 3 [NN]
5. Requiring supervisors to maintain certain records. AFSCME, Local 2910, 11 FLRA 632, Proposal 4 [NN]
6. Employees who accept assistance for a drug/alcohol problem will be given a reasonable opportunity to improve their performance before being subject to adverse action. AFSCME, Local 2910, 11 FLRA 632, Proposal 5 [N]
7. Precluding the reassignment of an employee who is suffering from alcoholism or drug abuse until the employee has been afforded rehabilitative assistance. AFGE, Local 1931, 32 FLRA 1023, Provision 36 [NN]
8. Defining when an employee becomes a participant in the Agency’s Employee Assistance Program. NFFE, Local 405, 33 FLRA 604, Provision 5 [N]
9. Providing employees with information regarding counseling or treatment for alcohol, drug and mental health problems which requires that employee requests for counseling be kept confidential. AFGE, Department of Education Council of AFGE Locals, 35 FLRA 56, Proposal 3 [N]
10. Precluding the agency, in administering its alcohol rehabilitation program, from imposing any requirements in addition to those required by law and regulation. Professional Airways Systems Specialists, MEBA/NMU, 53 FLRA 1246, Proposal 3 [NN, (a)(1)]
11. Placing limits on the agency-imposed alcohol abstinence requirement. Professional Airways Systems Specialists, MEBA/NMU, 53 FLRA 1246, Proposal 4 [NN, (a)(1)]

Committee

1. Establishment of a health and safety committee which is not certified as authorized by Executive Order 12196. AFGE, AFL–CIO, Council of Prison Locals, 11 FLRA 286, Provision 2 [N]
2. Agency to alternate the chairmanship of a joint safety committee between union and management at alternating meetings. NAGE, AFL–CIO, Local R14–87, 19 FLRA 381 [NN]
3. Establishment of an occupational safety and health committee. AFGE, AFL–CIO, Local 2786, 20 FLRA 193, Provision 3 [NN]
4. Agency to establish a safety and health committee with two union representatives. NTEU, 21 FLRA 652 [NN]
5. The joint safety and health committee will investigate unsafe working conditions referred to the committee. NFFE, Local 2059, 22 FLRA 136, Provision 1 [N]
6. Agency to keep a safety and health committee and add equal numbers of union representatives. Hawaii Federal Employees Metal Trades Council, AFL–CIO, 23 FLRA 189 [NN]
7. Establishing a health and safety subcommittee. International Plate Printers, Die Stampers Engravers Union of North America, AFL–CIO, Local 2, 25 FLRA 113, Provision 24 [N]
8. Union representative to be a member of a health and safety committee established to advise the Commander on occupational safety, fire prevention and health matters. NFFE, Local 1256, 29 FLRA 171, Provision 3 [N]
9. Equal union representation on an uncertified safety and health committee established by the agency to carry out its safety and health responsibilities. AFGE, Local 85, 30 FLRA 400, Proposal 7 [NN]
10. Establishing an uncertified health and safety committee and setting forth its responsibility. NFFE, Local 2052, 30 FLRA 797, Proposal 4, Section 2 (with certain exceptions) [N]
11. The committee will notify the District Manager of harmful environmental or unsafe conditions which its studies reveal; this committee will specify the action needed to correct the condition, and the committee will be given the authority to direct corrective action for unsafe working conditions referred to it. NFFE, Local 2052, 30 FLRA 797, Proposal 4, Section 2(a) (last sentence) [NN]
12. Mandating that the committee members receive training in their duties. NFFE, Local 2052, 30 FLRA 797, Proposal 4, Section 2(g) [NN]
13. Placing a substantive responsibility on the agency to work through the safety and health committee and implement the committee's proposals. NFFE, Local 2052, 30 FLRA 797, Proposal 6, Section 4(e) [NN]

Clothing and Equipment

1. Management to provide, without charge, safety shoes to employees who are required to wear foot protection. AFGE, Local 1928, 2 FLRA 451 [N]
2. Supplying employees with protective clothing and frocks. AFGE, Meat Graders Council, 8 FLRA 118, Proposals 2 and 3 [N]
3. Agency to provide employees money to purchase required safety shoes. IBEW, Local 640, 18 FLRA 871 [NN]
4. Agency to provide safety shoes, galoshes and rain gear. AFGE, Local 217, 21 FLRA 62, Proposal C [N]
5. Agency to pay for annual eye examinations, physical examinations, eye glasses, hearing aids, etc. AFGE, Local 3804, 21 FLRA 870, Proposal 1 [NN]
6. Issuance of parkas to employees assigned to certain duties for the duration of winter. AFGE, Local 1661, 29 FLRA 990, Proposal 18 [N]
7. Only authorized employees who are qualified or in training will be permitted or required to operate machinery or equipment or to perform work that could cause injury to inexperienced operator or endanger other employees. NFFE, Local 2052, 30 FLRA 797, Proposal 8 [NN]
8. Permitting employees to wear shorts in certain areas where non-hazardous materials are used and when no safety or health hazards would result from wearing shorts. IAMAW, Lodge 2424, 32 FLRA 200 [N]
9. Agency to furnish the shoes and clothing required of employees who operate motorcycles at the agency facility. International Union of Teamsters, Truck Drivers, Warehousemen and Helpers, Local 512, 32 FLRA 1200 [NN]
10. Precluding the agency from imposing any requirements for personal protective equipment that are more stringent than state highway safety regulations governing the operation of motorcycles. AFGE Local 1482, 40 FLRA 12 [NN]
11. Requiring management to provide certain safety clothing and equipment to employees who operate motorcycles on the facility. Federal Employees Metal Trades Council, 41 FLRA 107, Proposals 1 and 5 [NN]
12. Requiring the agency to provide storage containers for the motorcycles’ safety equipment. Mare Island Naval Shipyard and Federal Employees Metal Trades Council, 41 FLRA 107, Proposal 2 [N]
13. Requiring the agency to provide storage containers for the motorcycles’ safety equipment and the agency to be responsible for the maintenance of safety equipment. Federal Employees Metal Trades Council, 41 FLRA 107, Proposal 2 [NN]
14. Requiring management to provide certain safety clothing and equipment to employees who operate motorcycles on the facility. Planners Estimators, Progressmen and Schedulers, Local 5, 41 FLRA 297, Proposals 1 and 5 [NN]
15. Requiring the agency to provide storage containers for the motorcycles’ safety equipment and the agency to be responsible for the maintenance of safety equipment. Planners–Estimators, Progressmen and Schedulers, Local 5, 41 FLRA 297, Proposal 2 [NN]
16. Requiring the agency to provide facilities for employees to change into and out of the required protective clothing. Planners, Estimators, Progress men and Schedulers, Local 5, 41 FLRA 297, Proposal 3 [NN]
17. Precluding the agency from requiring employees to wear particular protective equipment when riding motorcycles. NAGE, Local R7–72, 42 FLRA 1019, Proposal 2 [NN]
18. Precluding the agency from requiring employees who drive on the agency's premises to obtain and use certain motorcycle and motor vehicle safety equipment. AFGE, Local 1156, 44 FLRA 728, Proposals 1 and 2 [NN, (a)(1)]
19. Precluding the agency from requiring motorcyclists and bicyclists to use certain safety equipment on agency premises. AFGE, Council 214, 53 FLRA 131, Proposal 4 [NN, (a)(1)]
20. Requiring the agency to provide or to pay for recommended safety equipment. AFGE, Council 214, 53 FLRA 131, Proposal 3 [NN, LAW]
21. Requiring the agency to supply or reimburse employees for any required motorcycle safety equipment that is required by the agency but not required by the State of Arizona. AFGE, Local 1547, 55 FLRA 684 [NN, LAW]
22. Requiring the agency to provide unit employees on-site annual eye examinations and prescriptions. POPA, 56 FLRA 69, Proposal 12 [N]
23. Requiring the agency to purchase eyeglasses for unit members who require the glasses only while using the computer system. POPA, 56 FLRA 69, Proposal 13 [NN, LAW]
24. Requiring that the agency provide unit employees, other than officers, with two pair of regular or safety footwear as required and to co-pay the maximum rate for such footwear that is allowed by regulation. ACT, Evergreen and Rainier Chapters, 57 FLRA 475, Subsection 2 of Proposal 3 [N]
25. Unit employees allowed to wear cargo shorts while working in any Class 3 environment. NTEU, 61 FLRA 48 [N]

Medical Documentation/Information

1. Barring agency access to medical findings. NFFE, Local 29, 22 FLRA 513, Proposal 2 [NN, LAW]
2. Medical information concerning an employee to be available only to other physicians. AFGE, Local 12, 26 FLRA 273, Proposal 1 [NN]
3. Prohibiting any medical documentation to be shared with any other person or agency. AFGE, Local 12, 26 FLRA 273, Proposal 2 [NN]
4. Union to receive notice of all requests made by the agency for medical documentation from its employees. AFGE, Local 12, 26 FLRA 273, Proposal 4, sections a, b and c [NN]
5. Agency to produce the name of the employee and the name of the examining physician if the agency required or offered an employee a medical examination. AFGE, Local 12, 26 FLRA 273, Proposal 5 [NN]
6. Agency to inform the employee in writing of its reasons for requesting or requiring medical documentation, to inform the employee of the specific medical documentation required and to provide the employee with a copy of the approved medical evaluation protocol. AFGE, Local 12, 26 FLRA 273, Proposal 7, sections a, b and c [N]
7. Agency to give employee copies of medical documents supplied to, or developed by, the employee’s physician. AFGE, Local 12, 26 FLRA 273, Proposal 7, section e [NN]
8. Medical documentation to be forwarded to the physician designated by the agency, but not to agency management. AFGE, Local 12, 26 FLRA 273, section d [NN]
9. Agency and the union to negotiate over a standard medical reporting form to be used by employees. AFGE, Local 12, 26 FLRA 2734, Proposal 8 [NN]
10. Prohibiting the return to duty of an employee suffering from job related injury or illness until an agency medical officer or doctor determined he was fit to return. AFGE, Local 1770, 28 FLRA 493, Provision 3, Section 4 [NN]
11. Both management and an injured employee agree to accept the judgment of a competent medical authority concerning whether the employee should return to work. NTEU, 39 FLRA 27, Provision 4 [N]
12. Requiring that the medical information be submitted first to the Agency’s Medical Review Officer or another similarly qualified physician for review. National Association of Agriculture Employees, 40 FLRA 1138, Proposal 1 [N]
13. Directing the agency to provide certain medical records to employees and their selected union representative. AFGE, Local 1020, 47 FLRA 258, Proposal 8 [NN]
14. Requiring the agency to provide the monitoring of medical records to the union. AFGE, Local 1020, 47 FLRA 258, Proposal 9 [N]
15. Defining the procedures and appropriate arrangements that individuals alleged to have mood swing personalities, along with the accusing individuals, shall use to begin evaluation by a professional physician. PASS, District 6, 54 FLRA 1130, Proposal 1 [NN, LAW]
16. Requiring the agency to provide professional counseling, at Government expense and on official time, to employees who are determined by a qualified professional to be under duress. PASS, District 6, 54 FLRA 1130, Proposal 1 [NN, LAW]
17. Requiring the agency to make reassignment offers to employees, referred to as the “accused” who are determined by a qualified professional to be under duress, and to employees called the “accuser” who are apparently the individuals who have reported employee mood swings to management. PASS, District 6, 54 FLRA 1130, Proposal 3, Section 5 [NN, LAW]

Physical Fitness

1. Requiring the agency to decide at the beginning of each school year whether an employee would be free to participate in an adult school activity promoting physical fitness and good mental health of the teacher. Fort Bragg Association of Educators, NEA, 30 FLRA 508, Proposal 42 [NN]
2. Granting employees 3 hours per week to engage in physical fitness activities. NAGE, Local R12–105, 37 FLRA 462 [NN]
3. Providing for a physical fitness program available to all technicians for up to 3 hours of duty time per week. NAGE, Locals R12–122, R12–222, 38 FLRA 295, Proposal 2 [NN]
4. Requiring the agency to provide affected employees an opportunity to use duty time to engage in physical exercise necessary to comply with the regulation relating to physical fitness. AFGE, Local 2077, 43 FLRA 344, Proposal 1, Section 2 [NN]
5. Enabling the agency to renegotiate the amount of duty time provided for physical exercise in certain circumstances. AFGE, Local 2077, 43 FLRA 344, Proposal 1, Section 3 [NN]
6. Requiring the agency to notify employees who are not in compliance with Air Force Regulation 35–11 relating to physical fitness and afford them a reasonable period of time in which to achieve compliance. AFGE, Local 2077, 43 FLRA 344, Proposal 1, Section 1, (first sentence) [NN]
7. Requiring the agency to advise employees of the administrative consequences of continued noncompliance with agency regulations relating to physical fitness. AFGE, Local 2077, 43 FLRA 344, Proposal 1, Section 1, (second sentence) [N]
8. The selection of bargaining unit employees to serve on an advisory committee established to make recommendations to the agency regarding the operation of its fitness center. IFPTE, 43 FLRA 998 [NN]
9. The Agency‘s Fitness Center will be managed by a governing board made up of dues paying members of the Center, with the exception that the Union and the Agency will each designate one representative on the board, neither of who need to be members of the Center. AFGE, Local 12, 61 FLRA 209, Proposal 1 [NN, (a)(2)(B)]

Safety/Health Hazards

1. Insulating an employee from discipline for refusing to perform work when confronted with the safety hazards or violations enumerated. International Plate Printers, Die Stampers and Engravers Union of North America, Local 2, 25 FLRA 113, Provisions 26–28 [NN]
2. Cessation of work in emergencies wherein an employee believed his life or health to be in immediate danger, and would have provided that the cessation continue until certain procedures had been followed. AFGE, Local 1770, 28 FLRA 493, Provision 3, disputed portion of Section 4 [NN]
3. Preventing an agency from assigning work to employees in circumstances where they reasonably believed that the duties presented an imminent risk of death or serious bodily harm coupled with an insufficient time within which to abate the hazard. NFFE, Local 29, 29 FLRA 726, Provision 2 [N]
4. Agency to abate all safety and health hazards reported by employees or found during safety inspections or, if this can not be done promptly, to negotiate an abatement time table. NAGE, Local 2052, 30 FLRA 797, Provision 10 [NN]
5. Concerning an employee’s refusal to perform a task where he/she reasonably believes the task poses imminent danger of death or serious physical harm. AFGE, 30 FLRA 909, Provisions 1 and 2 [N]
6. Unit employee can refuse tasks if he has a reasonable belief that performing them may endanger health and safety. AFGE, Local 1808, 30 FLRA 1236, Provision 14 [NN]
7. Preventing the agency from assigning work to employees in circumstances where the employees reasonably believed that the duties presented an imminent risk of death or serious bodily harm. AFGE, Local 2052, 31 FLRA 529, Proposal 3 [N]
8. Requiring management to make a reasonable effort to find work elsewhere for employees who must be removed from their usual worksites because of health and safety considerations. NTEU, 39 FLRA 27, Provision 3 [N]
9. Requiring the agency to notify employees and the union of formaldehyde exposure test results. AFGE, Local 1020, 47 FLRA 258, Proposal 2 [N]
10. Requiring the agency to provide employees and the union representatives the opportunity to observe formaldehyde monitoring. AFGE, Local 1020, 47 FLRA 258, Proposal 3 [N]
11. Directing the agency to use OSHA forms to record the monitoring of employee formaldehyde exposure. AFGE, Local 1020, 47 FLRA 258, Proposal 10 [N]
12. Concerning safety precautions to be taken for employees assigned to work in confined or enclosed spaces without natural or mechanical ventilation. AFGE, Local 1345, 48 FLRA 168, Proposal 12 (second sentence) [N, (b)(3)]
13. Assigning certain functions to an agency safety and health official. AFGE, Local 1345, 48 FLRA 168, Proposal 8 [NN, (a)(2)(B)]
14. Assigning certain tasks to supervisors and agency safety officers. AFGE, Local 1345, 48 FLRA 168, Proposal 9 [NN, (a)(2)(B)]
15. The agency to install safety features on the second floor to prevent inmates, staff, and objects from being thrown from the second floor into staff or inmates located on the first floor. AFGE, Council of Prison Locals, Local 171, 52 FLRA 1484, Proposal 2 [PN, (b)(1)]
16. Requiring the agency to install a wander guard system for high risk patients in the Acute Care Ward. NFFE, Local 1904, 57 FLRA 28 [N]
17. Removing the ability of Aviation Safety Inspectors to veto delegation of inspection duties to outside parties. PASS, 59 FLRA 25 [NN, (a)(2)(B)]
18. The prevention of runway incursions is a priority of the parties for safety reasons and it also reduces the number and severity of proposed personnel actions against bargaining unit employees. NATCA, 61 FLRA 658, Section 1 [NN, (a)(2)(A) and (B)]

Smoking

1. Smoking in corridors, lobbies and rest rooms. NAGE, Local R14–32, 26 FLRA 593, Proposal 1 [N]
2. Allowing smoking in vehicles. NAGE, Local R14–32, 26 FLRA 593, Proposal 2 [N]
3. Smoking areas in all eating facilities. NAGE, Local R14–32, 26 FLRA 593, Proposal 3 [N]
4. Smoking in designated areas in child development centers and youth activity facilities. NAGE, Local R14–32, 26 FLRA 593, Proposal 4 [N]
5. Smoking shall be permitted in military vehicles. AFGE, Local 2324, 27 FLRA 33 [N]
6. All employees may smoke within the confines of designated smoking areas and individuals occupying designated smoking areas will respect the rights of nonsmokers and will refrain from smoking at the request of non-smoking employees or make other suitable accommodations. NTEU, 30 FLRA 32 [N]
7. Nonsmokers will not be required to enter smoking areas when employees are smoking or second hand smoke is present. AFGE, Local 1808, 30 FLRA 1236, Provision 15 [NN]
8. Allowing employees a working smoke break. AFGE, Local 3369, 31 FLRA 1110 [N]
9. Dividing the work place into smoking and non–smoking areas by separating smokers and non–smokers in the work area, installing floor to ceiling partitions between smoking and non–smoking office areas and acquiring smoke eaters to supplement the existing ventilation system. NTEU, 32 FLRA 182, Sections B, C, and E [N]. Reversed in Internal Revenue Service v. Federal Labor Relations Authority, 902 F.2d 998 (D.C. Cir. 1990).
10. Providing generally for the accommodation of employees who smoke by establishing designated areas in which smoking would be allowed. NTEU, Chapter 250, 33 FLRA 61, Proposals A–E [N]
11. Agency to negotiate over its smoking policy. NTEU, 33 FLRA 183, Proposal 1 [N]
12. Requiring the designation of at least two smoking areas in each agency facility. NFFE, Local 414, 38 FLRA 861 [N]
13. Employees who smoke will not be discriminated against. AFGE, National VA Council, 40 FLRA 1052, Proposal 16 [N]
14. Obligating the agency to provide smoking shelters that are accessible to, and secured for, employees only. AFGE, National VA Council, 40 FLRA 1052, Proposal 19 [N]
15. Requiring the agency to provide designated smoking areas for certain employees in close proximity to their duty locations. AFGE, National VA Council, 40 FLRA 1052, Proposal 33 [N]
16. Relating to the designation of an employee's work area as a smoking area. NFFE, Local 1379, 44 FLRA 1246 [N]

Solitary Assignment

1. Barring employees from working alone in certain health and safety situations. AFGE, Local 1167, 6 FLRA 574, Proposal 6 (second underscored sentence) [NN]
2. Agency to maintain two person crews for safety reasons while employees are in travel status. National Association of Government Inspectors and Quality Assurance Personnel, Unit 2, 8 FLRA 144, Union Proposal IV [PN, (b)(1)]
3. Barring employees from working alone in certain health and safety situations. Laborers’ International Union, Local 1276, 12 FLRA 62 [PN, (b)(1)]
4. Precluding the agency from assigning employees to work alone in remote areas unless certain conditions were met. NFFE, Local 2052, 30 FLRA 797, Proposal 6 [PN, (b)(1)]
5. Prescribing certain safety precautions for employees working beyond the view of others. AFGE, Local 1345, 48 FLRA 168, Proposal 12 [NN, (a)(2)(B)]
6. Certain employees will not be required to work alone. Marine Engineers Beneficial Association, District 1, 49 FLRA 461, Proposal 1 [NN, (a)(2)(B)]

Training

1. Establishing the safety training employees are to receive. NFFE, Local 422, 14 FLRA 48, Proposals 1, 2, 3, and 4 [NN]
2. Requiring the agency to provide health and safety training during duty time for five employees designated by the union. NFFE, Local 1437, 35 FLRA 1052, Proposal 1 (last sentence) [NN]
3. Obligating the agency to provide appropriate safety training to union officials. AFGE, Local 1345, 48 FLRA 168, Proposal 10 (last sentence) [N]
4. Obligating the agency to provide appropriate safety training to unit employees and members of safety committees. AFGE, Local 1345, 48 FLRA 168 [NN, (a)(2)(B)]

Miscellaneous

1. Permitting employees to whom work had been assigned to delay returning to the work site when it is the location of a fire emergency. AFGE, Local 3511, 12 FLRA 76, Proposal 37 [N]
2. Making participation in medical evaluations under the occupational safety and health program voluntary. NFFE, Local 29, 22 FLRA 513, Provision 1 [N]
3. Imposing upon the agency a duty to staff areas in a manner conducive to the safety and health of employees. AFGE, Local 1738, 27 FLRA 52, Proposal 8 [NN]
4. Containing a less rigorous standard than that of Title 29, Code of Federal Regulations, Part 1960.46(a). NFFE, Local 2052, 30 FLRA 797, Proposal 10 [NN]
5. Agency to waive the safety rules for employees. International Brotherhood of Teamsters, Truck Drivers, Warehousemen and Helpers, Local 512, 32 FLRA 1200, Proposal 1 [NN]
6. Referring employees for counseling concerning workmen’s compensation benefits. NTEU, Chapter 243, 49 FLRA 176, Proposal 5 [NN, (a)(2)(B)]
7. Requiring the Agency to evaluate its safety and health program established under Statute and Executive Order, within one year from the effective date of the contract and no less frequently than every three years, thereafter. AFGE, Local 12, 61 FLRA 209, Proposal 4 [N]