Per 2015 Agreement Between U.S Borax Inc and Mine, Mineral and Processing Workers Local 30, International Longshore and Warehouse Union


Article XV.

Safety Section 1. Safety Program. Recognizing that prevention of accidents is mutually beneficial, the responsibility of the parties in respect thereto shall be as follows:
   (a) The Union and the Company will abide by all applicable federal and state laws relating to the operation of the Boron Plant and Mine and to the safety of those working therein.
   (b) The Union shall be entitled to submit recommendations and suggestions to the Company and be represented on any safety committees established and the Company agrees to confer with the proper representatives of said Union in order to coordinate and accomplish a safety program.
   The Union shall pick a safety representative and two alternates for each department. If the safety representative is absent, then ART. XV, SEC. 2 one of the alternates shall represent the department.
   (c) The Company and the employees thereof must comply with all the safety rules established by the joint parties to this Agreement, or by the Company independently, and make every effort to cooperate in carrying out the accident prevention program.
   (d) The Company will provide all standard safety equipment required by management on any job and maintain satisfactory working conditions, particularly with respect to, but without being limited to, heat, dust, drinking water, floor drains and light. The Company will give an employee a thirty-five ($35) dollar credit towards the purchase of single vision prescription safety glasses and a fifty ($50) dollar credit toward the purchase of multiple vision safety glasses purchased through the Safety Department. The Company will reimburse an employee up to $80 per pair of Safety shoes/boots to a maximum of two (2) pair per year. An employee may combine the $80 allowance for each pair to purchase a one pair of Safety shoes/boots in the calendar year.
   (e) In the event an employee believes that conditions found in his/her work area are dangerous to his/her health or safety, s/ he shall report his/her findings to his/her immediate supervisor and s/he shall not be required to work in such area pending an inspection and determination by the immediate supervisor and an appropriate management representative in the presence of a Union Safety committeeman on duty that the area is safe, it being understood and agreed that management’s determination as to the safety of the area shall be binding. This decision is subject to the grievance and arbitration procedure.
   (f) There will be a 10-minute Weekly Safety Meeting to be held during working hours for all employees.
   (g) The Company agrees to provide adequate lighting in parking areas for the Mine Departments.

Section 2. Cleanup by Operators. Operators shall be responsible ART. XV, SEC. 3 for cleanliness in and around their operating area in the Boron Plant or Mine when spills or trash are due to operations. An operator training program will be instituted, and all employees required to operate the Unloader or similar cleanup equipment will be required to receive this training. The Company agrees to add to the employees presently using Company furnished coveralls or uniforms: Shovel Operators, Assistant Shovel Operators, Riggers and Heavy Equipment Operators when working on or around the mine shovels. The Company will also furnish 3 pairs of coveralls per week per man for the lube crew and will stock 15 more pairs of coveralls for dirty jobs for Truck Shop employees. The Company will also furnish up to 2 pairs of coveralls per week per man for Fusing Plant Senior Firemen and Firemen. The Company agrees to launder all coveralls furnished by the Company.

Section 3. Company Examination. Prior to an employee being transferred to a safety critical job, that employee must pass a fitness for duty examination at Company expense by a physician of his/her choice for that position. If the employee does not pass this physical, the Company will make reasonable accommodation for that employee as required by the applicable state and federal laws. Such reasonable accommodation may include, but is not limited to, returning to the job they held at the time of the bid. Safety critical jobs are all jobs as listed in Appendix A, except shop clerks, janitors, and laboratory personnel.