Article 13. Health and Safety

CBA Article 13.
Health and Safety

 

Section 1.  Intention

MIT is committed to providing a safe work environment for all employees and shall comply with all applicable state and federal laws, regulations, and standards, such as Occupational Safety and Health Administration (OSHA) standards, governing workplace health and safety. Toward that end, MIT shall maintain policies and procedures consistent with such applicable workplace health and safety standards and take reasonable steps to ensure compliance with those standards during the term of this Agreement.

In addition to complying with applicable state and federal laws, regulations, and standards governing workplace health and safety, MIT shall also implement health and safety–related recommendations as determined by a workplace safety evaluation under Section 3 of this Article.

Section 2.  Reporting of Hazardous Conditions

Employees shall, to the best of their knowledge and/or training, perform their duties in compliance with applicable workplace health and safety standards, utilizing any personal protective equipment (PPE), as required by law or MIT policies, provided by MIT.

When an employee observes conduct or conditions that they reasonably believe to be dangerous to their health and safety or violate applicable health and safety standards or policies of MIT, they shall report the same to their supervisor and the Environmental Health and Safety (EHS) coordinator of their department, lab, or center (DLC). MIT shall take prompt corrective action to comply with applicable health and safety standards and/or implement recommendations determined by a workplace safety evaluation under Section 3 of this Article. MIT shall not retaliate against any employee for such reporting.

Section 3.  Workplace Safety Evaluations

Evaluations of workplace safety shall be provided by MIT’s EHS office as soon as practicable upon the request of one or more employees who believe the nature of their work or workplace is exposing them to health or safety hazards or risks. Such evaluations shall, as deemed appropriate by MIT, involve experts such as health and safety coordinators, occupational hygienists, occupational physicians, occupational health and safety professionals, and/or environmental health and safety professionals, who shall make recommendations to MIT that would allow the identified health and safety risks to be appropriately mitigated and meet applicable standards. EHS shall also consult with the employee as an expert of the nature of their work prior to making any recommendation to MIT.

MIT shall, as soon as practicable, implement these recommendations or provide alternate facilities in which the affected employee(s) may work.

Section 4.  Laboratory Safety

Emergency phone numbers shall be displayed prominently by all laboratory phones.

MIT shall provide and maintain:

A.  Personal protective equipment (PPE) and other equipment, tools, materials, and facilities/infrastructure deemed necessary by evaluation of workplace safety (defined in Section 3 of this Article), or required by OSHA or any state or federal regulations, for the employee to safely carry out their work, at no additional cost to the employee, unless permitted by OSHA. This includes but is not limited to safety glasses, including the option of prescription safety glasses should an employee make a direct request to their supervisor; hearing protection; ventilated facilities/infrastructure for handling and storing solvents, chemicals, gasses/gas cylinders, and materials; supplies, meters, and/or equipment for testing hazardous, radioactive, or toxic substances and materials as consistent with applicable standards above; and laboratory/building gas alarms for detecting and alerting to the presence of hazardous or flammable gasses, such as carbon monoxide and hydrogen, as required by law or otherwise deemed appropriate by a workplace safety evaluation consistent with Section 3 of this Article;
B.  Adequate (as determined in Section 3 or required by OSHA or any state or federal regulations) first aid equipment and first aid information and training upon request at no cost to all employees whose jobs regularly involve exposure to hazardous materials or who work in a hazardous environment; and
C.  Emergency facilities, including but not limited to eyewash stations and showers as required by law or otherwise deemed appropriate by MIT following a workplace safety evaluation consistent with Section 3 of this Article.

MIT shall, upon request, make available to employees in laboratory positions, whether in a teaching or research capacity, the services of experts such as health and safety coordinators, occupational hygienists, occupational physicians, occupational health and safety professionals, and/or other environmental health and safety professionals.

In general, if an employee is an EHS representative, that role shall be listed in their appointment letter consistent with Article 15, Appointment Notification. Prior to or upon an employee becoming an EHS representative, the employee and their supervisor shall have a discussion enumerating the responsibilities of this role, unless such responsibilities are already enumerated in the employee’s appointment letter. If an employee is asked to become an EHS representative during a term in which their appointment letter does not list them as an EHS representative, MIT shall not require that employee to become an EHS representative without prior discussion between the employee and the supervisor. This discussion shall include an enumeration of the responsibilities of this role and what aspects of the employee’s other work duties will be reduced accordingly.

Each DLC that has employees in laboratory, workshop, and makerspace positions, whether as teaching or research assistants, shall provide an opportunity for the EHS coordinator to meet with employees in the DLC, and at the Union’s discretion, a representative of the Union, to discuss matters relating to health and safety, at minimum, once per year. Topics for these meetings may include:

A.  Personal health or safety concerns;
B.  Department- and/or lab-specific protocols regarding the posting of relevant health and safety related policies, including but not limited to policies and/or procedures relating to solvent handling, gas handling, biological and chemical waste handling and disposal, and chemical storage;
C.  PPE necessary for safely carrying out work;
D.  Any facilities repair;
E.   Training needs and plans;
F.   Any necessary meetings with MIT-wide departments that may be required to address health and/or safety concerns or questions; and
G.  Ergonomics.

Employees working with chronic health hazards, or with chemicals or materials with known toxicity, may request and receive, consistent with OSHA, other applicable standards, or following a workplace safety evaluation under Section 3 of this Article, appropriate regular medical surveillance provided by MIT at no extra cost to the employee. This includes but is not limited to:

A.  Situations where administrative controls, engineering controls, or PPE cannot prevent exposure to a surveillable hazard from exceeding its occupational exposure limit or action level;
B.  Situations where there has been a known incident with a surveillable hazard potentially resulting in an exposure above an occupational exposure limit or action level, as determined by an evaluation by EHS in collaboration with MIT Medical’s Occupational Health Service and the employee(s) exposed; such an evaluation occurs whenever a supervisor or employee report of such an incident is filed; and
C.  Situations where a surveillable hazard is intrinsic to an ongoing (more than a year) research program (e.g., cadmium in quantum dot research or research requiring registered class 3b or 4 lasers); the medical surveillance program will be determined at the onset of the research program after discussion between the principal investigator, EHS, and MIT Medical’s Occupational Health Service, and will be described in the appropriate lab’s safety documentation.

Section 5.  Ergonomic Standards

MIT shall maintain its ergonomics program for its employees, which includes general ergonomic guidance, self-assessment tools, and ergonomic consultations and evaluations to reinforce proper ergonomic practices and guidelines. MIT shall endeavor to implement ergonomic practices and guidelines into new workplace and workstation designs.

Section 6.  Asbestos Remediation

MIT shall provide advance notice to affected employees of asbestos removal projects in their immediate work area.

Section 7.  Fieldwork/Off-Site Work

If an employee conducts assigned fieldwork outside of MIT workspaces, prior to the beginning of the assignment MIT shall:

A.  Provide the employees with information about International SOS, if employees have work that takes them outside the United States;
B.  Provide employees performing fieldwork within the United States with known information that is relevant to the safe performance of such work; and
C.  Provide employees with available resources they may need for the successful completion of the work assignment.

The employee is responsible for following, to the best of their knowledge and/or training, all relevant and appropriate rules and regulations at any work site outside of MIT.

Section 8.  Workplace Injuries

Any employee who is injured or becomes ill due to work should seek medical attention as appropriate. The employee shall report the injury to their supervisor as soon as possible.

MIT shall develop and maintain documented protocols, accessible online, for first aid and initial actions for when employees are injured or ill due to work, including but not limited to protocols to mitigate the harm of exposure to specific solvents, chemicals, and/or biologically hazardous or radioactive materials being used. MIT shall inform employees of these protocols and provide proper direction regarding these protocols.

MIT shall not unreasonably delay the processing of workers’ compensation claims.

In cases of injury to an employee in the course of their employment at MIT, the employee shall assist their supervisor to file an incident report as soon as possible in accordance with MIT procedures. At MIT’s request, the employee shall visit MIT Medical’s Occupational Health Service at least once within the week of filing the incident report or, if admitted to a hospital, as soon as they are reasonably able. The visit will be at no cost to the employee. MIT shall provide instructions on how to file workers’ compensation claims in accordance with state law.