HEALTH/SAFETY

Department of the Army, Headquarters 10th Mountain Division and Fort Drum, Fort Drum, New York and Local 400, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 94, January 2, 1998 (Release No. 405).

The AGENCY proposed the following:

Section 3

Employees will notify the appropriate supervisor of all accidents and injuries as soon as practicable. The on-duty injury must be identifiable by the time and place of injury, the specific body part involved, and the specific duty function at the time of the accident. Employees will also provide the names of all witnesses to the accident.

Section 12

The Employer encourages all Employees to engage in programs to promote personal fitness and well-being on their own time. The Employer will make information available and periodically offer information and classes on promoting personal health.

Section 17

Employees will not be subjected to medical examinations and testing except as authorized by law and regulation.

The AGENCY had no counteroffers to Sections 19 and 20.

The UNION proposed the following:

Section 3

Employees will notify the appropriate supervisor of all accidents as soon as practicable. The on-duty injury must be identifiable by the time and place of injury, the specific body part effected, and the specific duty function at the time of the accident. If known, the Employees will also provide the names of all witnesses to the accident.

Section 17

Employees will not normally be subjected to medical testing not required by law or regulation. Other testing may be offered on a voluntary basis.

Section 19

An Employee who has a complaint concerning unsafe or unhealthy working conditions may file a grievance IAW the negotiated grievance procedures after:

a.   The Employer has failed to meet the time limits for conducting required inspections.

b.   The Employer has failed to meet established time limits for resolving Employee complaints under complaints resolution procedures established IAW applicable regulations.

c.   The Employee is dissatisfied with the final decision received from the Employer under complaints resolution procedures established IAW applicable regulations.

Section 20

A.   The Employer and the Union will cooperate in a continuing effort to eliminate accidents and health hazards. There shall be established a Health and Safety Committee at each Directorate or activity designated by the Union. Safety Committee members will be provided training as required by law. The Safety Committee will meet as needed, but not less than quarterly. The functions of this Committee shall be:

1.   To review the implementation of agency safety regulations and the Occupational Safety and Health Act of 1970.

2.   To review all safety suggestions, ported safety hazards, and serious lost time accidents, including reports as to the corrective measures taken to eliminate such conditions in the future.

3.   To promote health and safety education of the Employee in the Unit.

B.   The Committee shall, except where prohibited by law:

1.   Have access to agency information relevant to its duties, including information on the nature and hazardous or substances in Employer workplaces [sic].

2.   Monitor performance, including Employer inspections of the Employer's safety and health programs.

3.   Discuss with and advise the Employer on the operation of the program.

C.   The Committee may request the Secretary of Labor to conduct and evaluation or inspection pursuant to Executive Order 12196 of 26 February 1980, if half the Committee is not substantially satisfied with the Employer's response to a report of hazardous working conditions.

The PANEL ordered the adoption of a modified version of the UNION's final offer.

Social Security Administration, Mesa Field Office, Mesa, Arizona and Council 147, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 146, April 16, 1998 (Release No. 408).

The UNION proposed that the agency install a 30-inch high barrier with privacy walls in the front end interviewing area (FEI) of the Mesa SSA Field Office to separate the claims representatives workstations from the public. Each workstation would have an ergonomic E-95 table, 52-inch high privacy dividers, and a 12-inch deep writing surface or counter for the claimant. The area above the desk and counter would be open.

The AGENCY proposed changes to the size of the FEI room but opposed the construction of a barrier wall to separate the employees from the public.

The ARBITRATOR ordered the parties to adopt the UNION's proposal, as modified:

The Employer will construct a low barrier wall to include a work surface that is 30-inches high measured from the floor to the top of the counter on the claimant's side. This wall will run the entire length of the FEI room. The claimant's writing surface will be 12-inches deep. The counter tops will be secure and structurally stable with the work surface to be laminate with rounded edges on the claimant's side. Privacy walls on the left and right hand side of both the public and employee side will be constructed. These privacy walls will stand a minimum of 52-inches high and extrude at least 30 inches on both the public and employee side. The E-95 will be situated flush to the barrier wall and move freely up and down. The width between privacy walls will be at least 6 feet (inside dimensions).

At the east part of the FEI area, a 42-inch solid core door will be constructed to hang off the 42-inch stub wall between the FEI and the reception area. This door will have combination locks on both sides that are easy to use with a one-handed operation. The FEI room will be up to 19 feet 10 inches in width by 60 feet in length, except that the parties may mutually agree to adjust the dimensions to accommodate the design and layout described herein.

The walls separating the FEI room from the general work area will be high walls that run from the floor to almost the ceiling. There will be a 12-inch gap from the top of the wall to the ceiling to allow air circulation. There will be one door to the general work area with a combination lock that is easy to use with a one-handed operation. The door will have a 12-inch view panel.

Social Security Administration, Region III, Philadelphia, Pennsylvania and Local 2006, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 79, June 26, 1998 (Release No. 410).

The AGENCY's final offer consisted of a final floor plan, a proposed memorandum of understanding (MOU), and procedures to test air quality and the heating, ventilation, and air conditioning (HVAC) system.

Under the agency's renovation plan, the Office of the General Council (OGC) would relocate to two suites on the sixth floor and the Office of Hearing Appeals (OHA) and Office of the Inspector General (OIG) would move to suites on the fourth floor.

Under the UNION's modified proposal, it would conditionally agree to a floor-to-ceiling wall on one half of the fourth and sixth floors if the Employer would: (1) modify the floor plan to place the files, libraries, and support staff into open cubicles on the other side of the dividing aisle; (2) move the OIG offices to the first floor; and (3) maintain existing fire lanes with crash bar-controlled emergency exit doors.

The PANEL ordered the parties to adopt the AGENCY's floor plan, MOU, and final offers. In addition, it ordered the following working regarding fire exits:

On the fourth and sixth floors, management shall maintain all existing fire lanes, fire exits, and evacuation routes, consistent with the Employer's determination that its internal security needs are met.