Article 11

Health Safety

Section One. The employer is receptive to all recommendations regarding improvement of apparently unsafe or unhealthy conditions. Once the employer determines that an unsafe or unhealthy condition exists, it will attempt to alleviate or otherwise remedy the situation.

Except as provided elsewhere in this Article, disputes over unsafe or unhealthy working conditions shall be processed through the Labor Department for compliance with OSHA or otherwise with the Protective Services Health and Safety Committee.

Disputes over unsafe or unhealthy working conditions may be processed under the grievance procedure, but shall not be arbitrable unless Connecticut OSHA has specifically declined jurisdiction or by agreement of the parties. In any such arbitration, the arbitrator shall have no authority to impose a remedy which requires the hiring of additional staff. The arbitrator shall not substitute his/her judgment for that of the employer in setting law enforcement weapons policy, but shall specifically retain the power to issue a cease and desist order where an alteration of an existing policy impacts negatively upon the health and/or safety of the bargaining unit personnel. The arbitrator shall be obligated to consider the impact of any award with respect to an agency budget as well as the effect of the decision upon employee safety, protection and morale, and shall balance the need for decisions which have significant impact with the tender of evidence indicating a clear and present danger of serious injury. In all cases hereunder, the arbitrator shall render the remedy portion of his decision ten (10) days after the mailing of the arbitral award to the parties to permit negotiations over the remedy.

Section Two. Weather Extremes. It is understood that some Protective Services employees are required to work during weather extremes. Under such extremes, the employer, where practicable, shall take reasonable steps to protect the well-being of employees, e.g., by curtailing work, providing additional or extended rest periods.

(a) The Union may designate two (2) bargaining unit members to meet with the Department of Motor Vehicle Officials to investigate the feasibility of providing shelter (either permanent or temporary) and adequate lighting at Motor Vehicle work locations which currently do not have such facilities. On or after September l, 1980, the Union, but not any employee, may submit unresolved issues involving the health and safety of employees directly to Step III of the grievance and arbitration procedure.

(b) Whenever Department of Environmental Protection employees are working fish ponds at hatcheries below 15 degrees, supervisors shall be cognizant of conditions and shall provide necessary breaks, consistent with agency operating needs.

Section Three. All work areas shall have drinking water within reasonable access which meets all health standards as drinking water. To the extent practicable, all general employee reporting areas shall have toilets and sinks.

Section Four. The parties recognize that law enforcement personnel are sometimes given assignments in which there is a recognized threat of possible violence, e.g., felonies in progress, fights, drunk or disorderly persons, transporting prisoners, burglar or holdup alarms. Whenever possible, at least two (2) officers shall be assigned to any incident in which there is a recognized threat of possible violence, e.g., felonies in progress, fights, drunk or disorderly persons, transporting prisoners, burglar or holdup alarms. This provision shall not prevent a single officer from responding to incidents which require a rapid response in order to protect life or property; however, each agency shall prepare an operating scheme for the provision of backup support, which shall be available as soon as possible to all personnel.

Section Five. To the extent possible, the employer shall provide each fire fighting employee with modern safety equipment and accessories necessary for the efficient and safe performance of their duties and shall replace such equipment on an as needed basis.

Section Six. Where necessary, emergency vehicles, including police and law enforcement vehicles shall be equipped with acceptable emergency lights which provide full visibility when stopped on highways and when responding to emergencies.

Section Seven. Motor Vehicle Inspectors who are issued weapons and who are assigned investigative duties shall be permitted to carry personal weapons, provided the sidearm accepts the prescribed department issued ammunition and that the employee obtains a safety clearance from S.P.B.I. for the weapon. Airport Police Officers at Bradley International Airport may carry personal sidearms for duty use provided the sidearm accepts the prescribed department issued ammunition and that each member obtains a safety clearance from State Police Range Officer for the weapon to be worn.

Section Eight. Protective Services Trainee (Police) shall not be assigned to law enforcement duties without proper supervision. To the extent provided by current practice,

Protective Services Trainees (Fire) shall not be assigned to fire fighting without proper supervision.

Section Nine. Prior to being assigned a sidearm, an employee shall be properly trained and qualified in the use of such weapon.

Section Ten. No vehicle assigned to a Protective Services Unit employee shall be equipped with recapped tires. Replacement tires shall meet federal standards for the vehicle on which they are mounted.

Section Eleven. The practice shall be to use radio call signals and numbers rather than last names for conversation between Conservation Enforcement Officers.

Section Twelve. (a) Canine Control Officers shall be provided with proper rubber boots and raincoats.

(b) Where Building and Grounds Patrol personnel are subject to extended exposure to inclement weather, they shall be provided with proper rubber boots.

Section Thirteen. Motor Vehicle Inspectors shall be provided with proper inspection equipment. When equipment is broken or not working properly, the inspector shall submit a written request for the equipment to be repaired. The employer agrees to expeditiously respond to such requests.

Section Fourteen. The employer shall, by November 1, 1979, provide a backup or reserve patrol vehicle, which shall be properly equipped, for the police department at Connecticut Valley Hospital.

Section Fifteen. All Department of Environmental Protection Park Patrolmen and Unit Managers shall be trained in the use of the Prosecutor Night Stick.

Section Sixteen. Motor Vehicle Inspector workloads will be gauged to what can reasonably be expected to be accomplished during an assigned shift.

Section Seventeen. The employer, in cooperation with the Union, shall develop a planned program of replacing all unsafe weapons holsters as soon as possible.


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