Common use of Imminent Danger Situations Clause in Contracts

Imminent Danger Situations. A. The term “imminent danger” means any conditions or practices in any workplace which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures [29 CFR 1960.2(u)]. B. In the case of imminent danger situations, an Employee who becomes aware of an imminent danger shall report it by the most expeditious means available. The Employee has a right to decline to perform his/her assigned tasks because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm, coupled with a reasonable belief that there is insufficient time to effectively seek corrective action through normal hazard reporting and abatement procedures. However, in these instances, the Employee must report the situation to his/her supervisor or another supervisor who is immediately available. Any refusal by an Employee to perform an assignment is subject to the Employer’s right to take disciplinary action for refusal of an assignment if it is determined that there was no reasonable basis for the Employee’s allegations of imminent danger. C. If the condition can be corrected and the corrected condition does not pose an imminent danger, the Employee must return to work. If the supervisor cannot correct the condition, the supervisor shall request an inspection by facility safety and/or health personnel.

Appears in 2 contracts

Sources: Labor Management Relations Agreement, Labor Management Relations Agreement

Imminent Danger Situations. A. The term “An imminent danger” means danger is any conditions condition or practices practice in any workplace which are is such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures [(29 CFR § 1960.2(u)]). B. In the case of imminent danger situations, an Employee who becomes aware of an imminent danger shall report it by the most expeditious means available. The Employee has a right to decline to perform his/her assigned tasks because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm, coupled with a reasonable belief that there is insufficient time to effectively seek corrective action through normal hazard reporting and abatement procedures. However, in these instances, the Employee employee must immediately report the situation to his/her supervisor a manager or another supervisor who is immediately available. Any refusal by an Employee to perform an assignment is subject to the Employer’s right to take disciplinary action for refusal of an assignment if it is determined that there was no reasonable basis for the Employee’s allegations of imminent dangersupervisor. C. If An employee has the right to refuse to do a task only if all of the following conditions are met: 1. Where possible, the employee has notified Management of the situation and Management failed to eliminate the danger; 2. The employee believes that an imminent danger exists; and 3. A reasonable person would agree that an imminent danger exists. D. Once the condition can be corrected and the corrected condition does not pose an imminent dangeris corrected, the Employee employee must return to work. If the supervisor cannot correct the conditioncondition or does not believe that an imminent danger condition exists, the supervisor shall must request an inspection assessment by facility the appropriate safety officer and/or health personnelManagement representative. While awaiting an assessment and the completion of any repairs resulting from the assessment, Management may assign the employee other appropriate work. E. When requested under Section 6D of this Article, the safety officer or Management representative must assess the condition or practice and issue a written determination of whether the condition poses an imminent danger. The written determination will be provided to the appropriate supervisor, employees, and the Union. Instructions to return to work shall be in writing. Refusal to perform an assignment after receiving an instruction to return to work may result in disciplinary action.

Appears in 2 contracts

Sources: National Agreement, National Agreement

Imminent Danger Situations. A. The term “An imminent danger” means danger is any conditions condition or practices practice in any workplace which are is such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through normal procedures [(29 CFR § 1960.2(u)]). B. In the case of imminent danger situations, an Employee who becomes aware of an imminent danger shall report it by the most expeditious means available. The Employee has a right to decline to perform his/her assigned tasks because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm, coupled with a reasonable belief that there is insufficient time to effectively seek corrective action through normal hazard reporting and abatement procedures. However, in these instances, the Employee employee must immediately report the situation to his/her supervisor a manager or another supervisor who is immediately available. Any refusal by an Employee to perform an assignment is subject to the Employer’s right to take disciplinary action for refusal of an assignment if it is determined that there was no reasonable basis for the Employee’s allegations of imminent dangersupervisor. C. If An employee has the right to refuse to do a task only if all of the following conditions are met: 1. Where possible, the employee has notified Management of the situation and Management failed to eliminate the danger; 2. The employee believes that an imminent danger exists; and 3. A reasonable person would agree that an imminent danger exists. D. Once the condition can be corrected and the corrected condition does not pose an imminent dangeris corrected, the Employee employee must return to work. If the supervisor cannot correct the conditioncondition or does not believe that an imminent danger condition exists, the supervisor shall must request an inspection assessment by facility the appropriate safety officer and/or health personnelManagement representative. While awaiting an assessment and the completion of any repairs resulting from the assessment, Management may assign the employee other appropriate work. E. When requested under Section 5.D, the safety officer or Management representative must assess the condition or practice and issue a written determ ination of whether the condition poses an imminent danger. The written determination will be provided to the appropriate supervisor, employees, and the Union. Instructions to return to work shall be in writing. Refusal to perform an assignment after receiving an instruction to return to work may result in disciplinary action.

Appears in 1 contract

Sources: National Agreement