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D-1 Example Policies and Procedures D-2 Los Angeles County Metropolitan Transportation Authority Safety Policy Statement D-3 Washington Metropolitan Area Transit Authority D-4 Southeastern Pennsylvania Transportation Authority Collective Bargaining Agreement D-10 Greater Cleveland Regional Transit Authority Nonpunitive Hazard Reporting Policy D-11 Big Blue Bus Employee Safety Hazard and Analysis Reporting Program A P P E N D I X D
D-2 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation Los Angeles County Metropolitan Transportation Authority Safety Policy Statement
Example Policies and Procedures D-3 Supply and Service Contract RFP CQ19017 2.67 ARTICLE 67- SAFETY REQUIREMENTS 2.67.1 The Contractor shall be responsible for ensuring compliance with the most stringent provisions of the applicable statutes and regulations of the District of Columbia, State of Maryland, Commonwealth of Virginia or political subdivision where the work is being performed, as well as the METRO Construction Safety and Environmental Manual (1984, as amended) issued by WMATA, and the U.S. Department of Labor OSHA standards pertaining to the safe performance of the work. In the absence of a specific construction industry standard, the Contractor is required to comply with either an established OSHA General Industry Standard, National Institute for Occupational Safety and Health (NIOSH) guidelines, American Conference of Governmental Industrial Hygienists (ACGIH) guidelines, American National Standards Institute (ANSI) guidelines, the WMATA System Safety Program Plan, and, where specified, the WMATA Construction Safety and Environmental Manual and the Metrorail Safety Rules and Procedures Handbook. For contracts where work will be performed on, or will interface with the Metrorail System, the Contractor must comply with the publication entitled "Roadway Worker Protection Manual." In the event of a conflict between these guidelines and applicable Federal, State or local health and safety laws, regulations or standards, the more stringent standard shall apply. Further, the Contractor shall ensure that all methods of performing the work do not involve danger to the personnel working at the site, and the public and private property, whether or not these methods are cited or indicated in the Contract. The Contractor shall immediately provide to the Contracting Officer, a copy of all citations and/or warnings of safety violations received from any Federal, State or local jurisdiction or agency thereof, and/or all notifications of safety violations from insurance companies. The Contractor shall also provide to the Contracting Officer, copies of any and all subpoenas, complaints or other documents relating to any lawsuit alleging safety violations. 2.67.2 The contractor must follow all federal safety requirement to include but not limited to: 49CFR 625, 49CFR Part 40, 49CFR Part 655, 49CFR 659, and 49CFR 673. 2.67.3 The Contractor shall employ and assign a full-time Safety Superintendent for Contracts involving "safety sensitive" functions. (See Combined Glossary attached hereto for a definition). The Safety Superintendent shall hold an OSHA thirty (30) hour course card. He or she shall have the ability to develop and conduct safety training courses. He or she shall be familiar with industrial hygiene equipment and testing as required for the protection of all employees. The Safety Superintendent shall be employed exclusively for the purpose of supervising the safety of persons on or about the worksite and the property affected thereby. The Safety Superintendent shall also be responsible for providing first aid at the worksite and must have a current Red Cross First Aid Certificate. The Contractor shall notify the Contracting Officer a reasonable amount of time beforehand, any time that the Safety Superintendent will not be on site during work hours. The Safety Superintendent must be acceptable to the Contracting Officer and his or her performance will be reviewed on a continuing basis. If the Safety Superintendent's effectiveness is below standard, the Contractor shall provide immediate replacement at the Contracting Officer's direction. Once employed, the Safety Superintendent shall not be changed without the Contracting Officer's permission. The Safety Superintendent can be terminated at any time, at the Contracting Officer's discretion. 2.67.4 The Contractor shall provide, at the site of the work, a first aid kit which shall be fully equipped to meet the needs of the anticipated work force. 2.67.5 Where specified, the Contractor shall follow all appropriate RAIL Operational Rules, Operational Administrative Procedures (OAPs), Standard Operational Procedures (SOPs) and General and Special Orders while on the operational railroad and all Start-Up Rules and Manager's Notices when in declared start-up areas. Washington Metropolitan Area Transit Authority
D-4 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation Article XI â Productivity Section 1101. Productivity (a) The safe, efficient and economical operation of the Authority is a major concern of the public, the Authority, the employees and the Union. The Authority and Union recognize that the public, whose support and patronage is essential, is entitled to reliable and economically and efficiently operated and maintained fleets of passenger vehicles, rights of way, plant and equipment and, therefore, Joint Productivity Committees are hereby established in each of the following Operating Units. 1. Bus, Streetcar and Trackless Trolley Vehicle and Equipment Maintenance. 2. High Speed Vehicle Maintenance. 3. Facilities and Equipment Maintenance. 4. Surface and High-Speed Transportation. (b) The objectives of the Joint Productivity Committees are to cooperate in working towards achieving as promptly as possible the most efficient and economical utilization of work forces and facilities and to achieve significantly higher productivity than has occurred in the past in each of the Authority's operations listed above. It is recognized that such desired productivity depends in great part on the fairness and effectiveness of supervision, the provisions of adequate workspace, tools and equipment for employees, and the good faith cooperation by the employees and their Union representatives with the representatives of the Authority in the attainment of this essential goal. The Committees and each member thereof is charged with the responsibility of positively and cooperatively advising Management concerning ways and means of improving productivity. Representatives should endeavor to identify those problems adversely affecting productivity and address themselves to the solution of those problems in order of priority. Solutions will be sought which will advance the objectives set forth above. In order to do this the Committee will review all practices and procedures affecting the utilization of employees, adequacy of materials, tools, facilities and workspace available to employees, workloads and productivity of employees, and other practices, procedures or circumstances which affect the safe, economical and efficient operation of the Authority, including all questions and grievances concerning Section 431 of the Agreement. The Committees will endeavor to make positive recommendations concerning such matters, among others, as maximizing use of time and facilities, reducing equipment breakdowns and delay, improving quality, reducing the need for rework, eliminating waste of material, supplies and equipment, reducing overtime, boosting employee morale, improving safety and focusing employee awareness on the need for significantly higher productivity. (c) Each committee shall consist of two (2) members selected by the Union and two (2) members selected by the Authority. The Assistant General Manager for Operations and the President of Local 234 shall serve ex- officio as members of the Committees. The Committees shall meet at mutually agreeable times, but no less than once a month. The method of organizing these Committees and coordination between the Committees may be changed from time-to-time by mutual agreement. (d) The establishment of these Committees shall not affect the existing rights of either party under other provisions of this Agreement and shall assist, rather than in any way limit, the Authority's right to direct the work force. If either the Authority or Union Committee member believe that a Committee is not functioning to achieve significantly higher productivity, they may communicate this fact to the Manager of the Authority. (e) The Authority and Union will develop pay for performance programs such as rewarding on time performance, claims reduction, attendance, rider report score, reductions in passenger complaints and revenue increase and cost reduction sharing. Section 1102. Health and Safety The Authority and the Union agree that the safety of its employees and the riding public is of paramount importance to the successful accomplishment of the mission of providing transit service to the citizens of the Southeastern Pennsylvania Transportation Authority Collective Bargaining Agreement
Example Policies and Procedures D-5 region. Therefore, the Authority and the Union agree to work together to establish joint health, safety, workers' compensation and accident/personal injury claims cost containment programs that will maximize the safety and health of the Authority's employees, passengers, and visitors while simultaneously protecting SEPT A's facilities and equipment. The Authority will abide by applicable Federal, State and Local laws, and make available protective equipment required by such laws. Prevailing occupational health and safety standards will be used in determining the presence of health hazards or unsafe conditions in the workplace. In accordance with this section, the parties agree that in response to the Pennsylvania Department of Transportation's request that the Authority adopt limits on hours of service, the issue will be referred to and considered by the Joint Health and Safety Committee, with the mutual intent of developing an appropriate standard to replace the interim policy addressing this issue. The Authority and the Union will continue to develop and implement a comprehensive health and safety program, including at a minimum, the Joint and Location Health and Safety Committees, hazard identification and correction procedures, employee training and education, and safety awards and rewards programs; and under the policy direction of the Joint Health and Safety Committee, Workers' Compensation and accident/personal injury claims cost containment programs. The following provisions regarding the JHSC and LSCs shall govern the establishment, operation and duties of such committees which shall act jointly for all three divisions of the Authority (CTD, Frontier and Victory) represented by Local 234. The provisions regarding safety incentive programs similarly shall govern the rights and entitlements of employees in all three of the same divisions on a joint basis. I. Joint Health and Safety Committee (JHSC) A. There shall be an Authority and Union Joint Health and Safety Committee. Each party shall appoint a Co- Chair for the Committee. The President of the Union may appoint at least two (2) staff members, plus five (5) rank- and-file employee members. All members should have prior experience as a Location Safety Committee member as well as knowledge, familiarity, and experience in the operating environment. Members must have demonstrated a good record in attendance, discipline, safety, and accident prevention. The Union's Chairperson shall be responsible for overseeing the Union's commitment to the Committee. The Chief Officer of Safety and Risk Management will serve as the Authority's Co-Chair. Permanent Authority members of the Committee will also include the Chief Bus Operations Officer, the Chief Subway/Light Rail Operations Officer, the Chief Engineer, and the Director/ Assistant Director of System Safety. Representatives of System Safety, Workers' Compensation, Claims, Medical and other departments will attend as required by issues scheduled on the agenda. B. The functions of the Joint Health and Safety Committee will be as follows: 1. Establish mutual goals to reduce health hazards in the workplace, occupational injuries, vehicle accidents, and passenger claims. 2. Working pursuant to the policy direction of the Joint Labor-Management Accident Reduction Committee, establish pro-active programs with employees to: (a) Keep the maximum number of employees injury-free and productive. (b) Reduce the number and severity of accidents. (c) Insure employees receive prompt and complete medical attention and follow-up. (d) Return injured employees to full duty as soon as possible. 3. Conduct annual training of new location safety committee members to ensure familiarity with processes, procedures and current issues. 4. Conduct periodic evaluations to assess progress toward committee goals and develop means to evaluate Location Safety Committee performance. 5. Make periodic inspections of Authority vehicles and/or facilities in accordance with Authority rules and regulations, and promptly report hazardous conditions. 6. Provide guidance, direction and support to the Location Safety Committees, and work to resolve complaints they are unable to resolve. C. Joint Health and Safety Committee meetings will be scheduled at least once a month. Seven (7) days prior to the monthly meeting, the Co-Chairs of the Committee shall exchange a written agenda or list of items to be
D-6 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation discussed at the meeting. The minutes as reported by the Authority will address items discussed by the parties at the meeting. D. The Authority agrees to share with the Union accident and injury statistics, final reports on accidents, workplace environmental test results, and reasonable requests for information related to agenda items that are legitimate subjects for discussion at Joint Health and Safety Committee meetings, provided this information is not privileged information, i.e., restricted under doctor/patient or lawyer/client relationships. E. The Authority will pay each Union committee member at his/her regular rate of pay, the equivalent of one (1) eight (8) hour day per month, for their attendance at the Joint Health and Safety Committee meeting and for performing safety-related work assigned to them by the Union. F. As part of the Joint Health and Safety Program, the Authority will make forms available to all employees to report safety hazards in the workplace. Such forms will be placed at locations determined by the Joint Health and Safety Committee and location committees. G. The Committee recognizes that under certain circumstances, the presence of employees who are not regular members of the Committee would be useful in the Committee's deliberations. The invitee(s) will be mutually agreed to by the Co-Chairs and such requests will be made a minimum of seven (7) days prior to a scheduled meeting. H. Proposed changes or additions to the Joint Health and Safety Program must be submitted to the Joint Health and Safety Committee for review and approval. ll. Location Health and Safety Committees (LSCs) A. Location Health and Safety Committees (LSC) will be established at designated Authority locations. The number of Union personnel assigned to each LSC will be determined by the following formula: (1) Transportation: one (1) member for every one-hundred (1 00) authorized heads, or portion thereof, at the location, and (2) Maintenance: one (1) member for every fifty (50) authorized heads, or portion thereof, at the location, provided that there be a minimum of two (2) union representatives on each LSC, or a minimum of three (3) in locations with more than 100 employees. The Union may determine the mix of maintenance and transportation representatives on each LSC, provided that there shall be at least one (1) Maintenance representative on each LSC for locations with at least fifty (50) authorized Maintenance heads and at least one (1) Transportation representative on each LSC for locations with at least one hundred (100) authorized Transportation heads. Management will be represented at LSC meetings by the Director or Assistant Director of Transportation, the Director or Assistant Director of Maintenance, and the Buildings Foreman, or their respective equivalents. Committee meetings will be held once per month, with an agenda composed of safety and accident reduction topics. Committee meetings will be held monthly and will be chaired by a facilitator chosen by the Location Safety Committee. Any change to the structure of the committee must be agreed upon by the Co-Chairs of the Joint Health and Safety Committee. B. Location Health and Safety Committees are advocates for improved safety and health conditions and workers' compensation and accident/personal injury claims cost containment in their locations. The functions/goals of the Location Health and Safety Committees under the direction of the Joint Health and Safety Committee will include: 1. Setting goals and developing programs to reduce workers' compensation claims and liabilities as well as accidents and personal injury claims. 2. Identifying, evaluating and recommending controls for safety and health hazards in the workplace. 3. Promoting safety and health education in the location. 4. Making periodic inspections of facilities and/or vehicles in accordance with Authority rules and regulations and promptly reporting hazardous conditions. 5. Making recommendations for employee safety and health training programs. 6. Assisting management by ensuring compliance with safety procedures such as Personal Protective Equipment (PPE) which are applicable to that particular location committee. 7. Involving pro-active participation by the Union in all of the above. C. Rank-and-file members of the Location Health and Safety Committees are selected by the Union from a list of volunteers solicited jointly. When selecting committee members, the Union will consider the employee's safety, discipline, attendance, and accident history/record. Members should have knowledge, familiarity and experience in the operating environment. The Authority agrees to pay Union rank and file members to attend location committee meetings at their regular rate of pay, for one meeting per month. Periodically, additional assignments
Example Policies and Procedures D-7 may be made or meetings held by the Location Safety Committee, provided that the responsible JHSC co-chairs mutually agree. D. Periodic meetings between the Joint Health and Safety Committee and a representative of each Location Health and Safety Committee to guide, train, identify problems and evaluate the performance of the location committees will be scheduled by mutual agreement of the Co-Chairs of the Joint Health and Safety Committee. III. Education and Training A. The Authority and the Union recognize employee training and education as a critical element in safety, health, and claim reduction programs. The Authority agrees to provide such education to all of its employees on a regular basis. In determining what training is required, requests will be considered from the following sources: the Joint Labor-Management Committee, the Joint and Location Health and Safety Committees, the Union staff, Section Officers and location management personnel. B. Training topics will also be based on a review of location accident and injury statistics and the findings of hazard identification observations. The topics and frequency of the training will depend upon the individual accident experience of a location and requests of the location safety committees. Upon request by the Union, the Authority will pay the cost for the publication and distribution to employees of safety related literature such as brochures, leaflets, and booklets. C. In conjunction with employee identification of safety and health hazards, the Authority will train Location Health and Safety Committee members in the techniques of health and safety hazard identification, evaluation and control. IV. Safety Awards Program The Safety Award program has been established in order to recognize employees who have maintained safety practices and attendance procedures in the workplace for the calendar year. A Safety Awards Banquet will be held for eligible employees, as described below. All eligible employees who meet the criteria below will receive, on an annual basis, beginning with the tenth year of eligibility, a Safety Award of $20 for each year of service in which they meet the following criteria: A. The Rules and Guidelines will apply to the following groups of employees: ⢠Transportation ⢠Vehicle Maintenance ⢠Revenue Maintenance ⢠Line/Station Maintenance, i.e., Buildings, Facilities, Track and Power workers ⢠Subway Elevated Train Operators ⢠Towerpersons and Yardpersons ⢠Station Attendant ⢠Subway Elevated Cashier B. Terms & Definitions 1. Eligible Year: A year in which the employee remains free of the infractions listed in Sections C. and D. An eligible year advances the employee's accumulated safe years by one ( 1 ). 2. Grace Year: Neutral effect in establishing the number of consecutive safe years. 3. Ineligible: Loss of all accumulated safe years, i.e., employee reverts to zero safe years or stays at zero safe years. C. Attendance Disqualifications 1. At a minimum, eligibility for the safety award requires that an employee have no more than 30 days of absences for any reason other than those listed in (2) below. 2. Employees disqualified for failing to satisfy (1) above will be graced for as long as they are in the following positions: (a) Management Trainee (Dispatcher, Instructor, Supervisor, Clerk Receiver, Backfill Foreperson, etc.) (b) Military Leave (c) Jury Duty (d) Union Leave, I.e., Union Staff, Section Officers, and LSC members, etc. (e) United Way
D-8 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation D. Accident and Work Safety Disqualifications 1. A chargeable or preventable traffic accident committed by a transportation employee. 2. A switch, signal or work zone violation committed by a Subway Elevated or Light Rail Transportation or Vehicle Maintenance employee. 3. A Maintenance employee, Cashier, Stationperson, Yardperson, or Towerperson who misses more than a day's work as a result of an on-the-job injury. A Transportation employee who misses more than five (5) days work as a result of an on-the-job injury. 4. Any Maintenance employee involved in an accident causing injury or damage to Authority property. 5. Any type of safety-related discipline including verbal warnings for an unsafe work practice. 6. Any Stationperson who receives any type of discipline including reinstructions for lack of proper safety equipment; failure to be at one's assigned work location or a verified safety-related complaint from a rider. 7. Any Towerperson who receives any type of safety related discipline including reinstructions for (I) setting a "wrong route" or (2) directing a train onto an occupied track. 8. Any Cashier who receives a verified safety related complaint from a rider. NOTE: Any employee injured as a result of an assault while on duty, who complies with SEPTA medical policies, will be placed in Grace until they are able to return. E. Effect on Prior Years of Eligibility 1. 0 Through 4 Safe Years: Employees with less than five consecutive years of eligibility who commit a disqualifying infraction listed in Sections C. and D. above will be deemed ineligible and lose all accumulated safe years 2. 5 Through 9 Safe Years: Employees with less than ten years of eligibility will be graced for one year as a result of having committed any of the disqualifying infractions listed in Sections C. and D. above. If an employee with less than ten eligible years has a disqualifying infraction listed in Sections C. and D. above after having been graced in a prior year, the employee is deemed ineligible and loses all accumulated safe years. 3. 10+ Safe Years: Employees who have achieved ten years of eligibility will be placed in grace for any year in which any of the disqualifying infractions listed in Sections C. and D. occurs. The next qualifying year will then advance the total number of safe years achieved. However, if such an employee has three consecutive years in which they commit an infraction listed in Sections C. and D. above, they will lose all accumulated safe years. F. Transfer of Safe Years Employees who transfer between or within Divisions and/or Departments of the Authority represented by TWU Local 234 will retain all accumulated years earned toward the safety award using the criteria applicable to the position the employee held for each qualifying year. G. Calculation of Maintenance Employees' Credit for Prior Safe Years With the inception of the Maintenance Award Program in 1993, any Maintenance employee eligible for an individual safety incentive award must first reach and pass a threshold often (10) safe years which may date back to 1983. Maintenance employees who reach the plateau of ten (1 0) safe years will have their prior safe years credited for the purpose of calculating their safety award on the basis of their record or the formula agreed upon by the parties. All Maintenance employees' records will be reviewed on an individual and calendar year basis. If records are complete and reliable, they will be used. If records are incomplete, the employee will be credited with the higher of the existing record, or the agreed upon formula. V. Safety Incentive Programs A new safety incentive program will be defined by the Joint Health and Safety Committee (JHSC) and recommended to the General Manager in accordance with the following timetable: A. Within six (6) months of ratification of the labor agreement, the JHSC will present a measurable, monetarily-based safety and incentive program to the General Manager for consideration. B. The proposed program will apply to all eligible bargaining unit employees working in their primary positions as well as management employees who supervise members of the bargaining unit provided that all measurable standards, including but not limited to attendance, accident, discipline, and safety criteria, are maintained.
Example Policies and Procedures D-9 C. Following approval by the General Manager, a six (6) month pilot program will be established to test the proposed program at three (3) locations which will be dete1mined by the JHSC. D. The JHSC will monitor all measures of the program and will recommend adjustments as appropriate. E. Within one (1) year of adoption of the contract, the Safety Awards and Incentive Program will be implemented. The Chief Officer of Safety and Risk Management will be responsible for administration of the program following adoption. Monthly status reports will be presented before the JHSC as well as directly to the General Manager and Treasurer. F. Financial allocations will be based upon criteria established by the JHSC and approved by the General Manager. In any event, the financial distribution will include fifteen percent (15%) of documented savings in areas related to safety and workers' compensation as a direct result of the new safety and incentive program up to a maximum of $500,000 in the first full year of the program. Maximums in subsequent years will be recommended by the JHSC and approved by the General Manager, but will be no less than $500,000 in each year. Dollar amounts and percentages in this paragraph will apply jointly to all three divisions (CTD, Frontier and Victory) represented by TWU Local 234. G. Financial awards will be distributed annually in accordance with an approved formula determined by the JHSC on a location basis following the anniversary of the implementation date. H. The Treasurer's Office must approve all calculations related to savings as well as the distribution of incentive awards. VI. Resolution of Disputes Health and safety items must be submitted to the Joint Health and Safety Committee for consideration. If the matter is not resolved satisfactorily by the committee, then the Union may appeal the matter to the Labor Relations step of the grievance procedure for handling. Health and safety disputes not resolved within the grievance procedure may be appealed to a third party expert or panel of experts, if mutually agreed to by the parties, for resolution or taken to arbitration, on an expedient basis in accordance with this Agreement. Any cost associated with the selection of the third party expert or panel will be shared equally by the Authority and the Union.
D-10 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation Greater Cleveland Regional Transit Authority Nonpunitive Hazard Reporting Policy
Example Policies and Procedures D-11 Big Blue Bus Employee Safety Hazard and Analysis Reporting Program
D-12 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation
Example Policies and Procedures D-13
D-14 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation
Example Policies and Procedures D-15
D-16 Characteristics and Elements of Nonpunitive Employee Safety Reporting Systems for Public Transportation
Example Policies and Procedures D-17
