Page History

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|Title:|Workers' Rights in Safety and Health|
|Publication date:|1/2/2012|
|Effective date:|11/10/2011|
h2.BRIEF
h3.Policy Summary
Berkeley Lab's Workers' Rights in Safety and Health policy defines a worker's right of access to records and Environment, Safety & Health (ES&H) information, and describes the worker's responsibilities for understanding and following ES&H requirements.

This policy also promotes worker participation in:
* Safety committees
* Safety meetings
* Safety assessments and walk-arounds

h3.Who Should Read This Policy
All Laboratory employees and non-employees 
h3.To Read the Full Policy, Go To:
The POLICY tab on this wiki page
h3.To Read the EH&S Program Details, Go To:
[http://www.lbl.gov/ehs/pub3000/CH01/CH01.html|http://www.lbl.gov/ehs/pub3000/CH01/CH01.html]
h3.Contact Information
Safety Compliance Program Manager
EH&S Division
[[email protected]|mailto:[email protected]]

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|Title:|Workers' Rights in Safety and Health|
|Publication date:|1/2/2012|
|Effective date:|11/10/2011|
h2.POLICY
h3.A. Purpose
The Workers' Rights in Safety and Health policy at Lawrence Berkeley National Laboratory (Berkeley Lab) defines a worker's right of access to records and Environment, Safety & Health (ES&H) information, and describes the worker's responsibilities for understanding and following ES&H requirements.

This policy also promotes worker participation in:
* Safety committees 
* Safety meetings
* Safety assessments and walk-arounds

h3.B. Persons Affected
All employees and non-employees at Berkeley Lab
h3.C. Exceptions
None
h3.D. Policy Statement
# Worker involvement in safety and health is essential to the success of Berkeley Lab's Integrated Safety Management System (ISMS). Workers are encouraged to identify safety and health problems and to develop solutions. Their involvement is actively sought throughout the work review, authorization, and execution process. Line management and work leads must ensure that workers are given the opportunity to participate in the analysis of hazards and the determination of appropriate work controls for work activities. 
# Worker involvement is promoted through:
## Participation in divisional safety committees and Safety Advisory Committee subcommittees (such as the Traffic and Pedestrian Safety Subcommittee) 
## Participation in accident review teams 
## All-hands safety meetings 
## Safety Spot Awards program 
## Environment, Health & Safety (EH&S) Division online suggestion box and e-mail safety-concern programs 
## Directorate-level feedback programs 
## Berkeley Lab newsletters and Web sites 
## Participation in divisional self-assessments 
## Participation in the Safety Walkaround Program 
# Workers have the right to participate in activities related to the EH&S Program, including those activities listed above.
# Workers have the right of access to: 
## Department of Energy (DOE) safety and health publications 
## Documents describing the Berkeley Lab Worker Safety and Health Program, including the program itself and the ISMS 
## Safety and health standards, controls, and procedures applicable to Berkeley Lab as identified in such documents as the _Health and Safety Manual_ (PUB-3000) and the _Chemical Hygiene Safety Plan_ 
## Information related to the EH&S Program and to the performance measurement of safety and health 
## The "Worker Protection for DOE Contractor Employees" poster that informs workers of their rights and responsibilities 
## Results of inspections and accident investigations 
## Limited information on any record-keeping log (OSHA Form 300), subject to _Freedom of Information Act_ requirements and restrictions 
## DOE Form 5484.3 (the DOE equivalent of OSHA Form 301, Injury and Illness Incident Report) containing the employee's name as the injured or ill worker 
## Observe the exposure monitoring or measurement of hazardous agents, and to be provided with the results of their own exposure monitoring 
## A workers' representative authorized to accompany the DOE Director or authorized representative during the physical inspection of the workplace for the purpose of aiding any inspection 
# Every worker is directly responsible for ensuring his or her own safety and for promoting a safe and healthful workplace and community. 
# All workers are to follow ES&H-related work instructions. If work instructions cannot be followed safely as presented, or if they present a new hazard, workers must notify the appropriate individuals and assist, as appropriate, with modifying the work instructions. 
# Every worker is responsible for:
## Understanding and participating in the Berkeley Lab EH&S goal of performing all work safely and in a manner that strives to protect employees, affiliates, visitors, subcontractors, the public, and the environment from hazards
## Collaborating with other workers to determine the best way to achieve the EH&S goal in conformance with Laboratory requirements 
## Using appropriate resources at his or her disposal 
## Asking for any help necessary (such as assistance from technical, administrative, or craft services) to ensure a safe work environment and reduce environmental impact while performing his or her broader set of job responsibilities 

h3.E. Roles and Responsibilities
|Laboratory Director (and the Chain of Command) |* Establish written policy, goals, and objectives for the worker safety and health program  \\
* Use qualified worker safety and health staff (e.g., a certified industrial hygienist or safety professional) to direct and manage the program  \\
* Assign worker safety and health program responsibilities, evaluate personnel performance, and hold personnel accountable for worker safety and health performance \\
* Provide mechanisms to involve workers and their elected representatives in developing worker safety and health program goals, objectives, and performance measures and in the identification and control of hazards in the workplace  \\
* Provide workers access to information relevant to the worker safety and health program \\
* Establish procedures for workers to report without reprisal job-related fatalities, injuries, illnesses, incidents, and hazards, and make recommendations about appropriate ways to control those hazards \\
* Provide for prompt response to such reports and recommendations \\
* Provide for regular communication with workers about workplace safety and health matters \\
* Establish procedures to permit workers to stop work or decline to perform an assigned task because of a reasonable belief that the task poses an imminent risk of death, serious physical harm, or other serious hazard to workers in circumstances where the workers believe there is insufficient time to use normal hazard reporting and abatement procedures \\
* Inform workers of their rights and responsibilities using appropriate means, including posting the{anchor:_GoBack} Worker Protection for DOE Contractor Employees Poster in the workplace where it is accessible to all workers|
|Employees|Must comply with the requirements of the EH&S Program|

h3.F. Definitions/Acronyms
None

h3.G. Recordkeeping Requirements
None
h3.H. Implementing Documents
|*Document Number*|*Other Reference*|*Title*|*Type*|
|07.01.001.000| |EH&S Core Policy|Policy|
| |[10 CFR 851[PUB-3000|http://www.hss.energylbl.gov/healthsafetyehs/wshppub3000/rule851CH01/851finalCH01.html]|DOELBNL _WorkerHealth Safety and HealthSafety ProgramManual_ |RegulationManual|
| |[PUB-3000|http://www.lbl.gov/ehs/pub3000/CH01/CH01.html]|LBNL _Health and Safety Manual_ |Manual|
| |[PUB-3140|http://www.lbl.gov/ehs/ism/assets/docs/LBNL-ISM.pdf]|_Integrated Environment, Safety & Health Management Plan_|Plan|
| |[PUB-3851|http://www.lbl.gov/ehs/safety/assets/docs/LBNL-PUB-3851.pdf]|_Worker Safety and Health Program_|Program|

h3.I. Contact
h3.I. Contact Information
Safety Compliance Program Manager
EH&S Division
[[email protected]|mailto:[email protected]]

h3.J. Revision History
|*Date*|*Revision*|*By whom*|*Revision Description*|*Section(s) affected*|*Change Type*|
|1/2/2012|1|W. Wells|Reformat for wiki|all|Minor|

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h2.DOCUMENT INFORMATION
|Title: |Workers' Rights in Safety and Health|
|Document number|{anchor:OLE_LINK1}{anchor:OLE_LINK2}07.01.003.000|
|Revision number|1|
|Publication date: |1/2/2012|
|Effective date: |11/10/2011|
|Next review date:|11/10/2014|
|Policy Area:|General Policy – ES&H|
|RPM Section (home)|ESH|
|RPM Section (cross-reference)|Section 7.01|
|Functional Division|EH&S|
|Prior reference information (optional)|PUB-3000, Chapter 1|
h3.Source Requirements Documents
* Contract 31, I.79, DEAR Clause 970.5204-2, _Laws, Regulations and DOE Directives (DEC 2000)_
* Contract 31, Appendix I, _Environment, Safety and Health Standards for LBNL 2000)_
* Contract 1031, CFRAppendix 851I, DOE _WorkerEnvironment, Safety and Health Program_

h3.Implementing Documents
|*Document Number*|*Other Reference*|*Title*|*Type*|
|07.01.001.000| |EH&S Core Policy|Policy|
| |[ Standards for LBNL_
* 10 CFR 851, [DOE _Worker Safety and Health Program_|http://www.hss.energy.gov/healthsafety/wshp/rule851/851final.html]|DOE _Worker Safety and Health Program_|Regulation|
| |
* [PUB-30003140|http://www.lbl.gov/ehs/ism/pub3000assets/CH01docs/CH01LBNL-ISM.htmlpdf]|LBNL, _HealthIntegrated andEnvironment, Safety Manual_ |Manual|
| | & Health Management Plan_
* [PUB-31403851|http://www.lbl.gov/ehs/ismsafety/assets/docs/LBNL-PUB-ISM3851.pdf]|_Integrated Environment, Safety & Health Management Plan_|Plan, _Worker Safety and Health Program_
* 07.01.001.000, ES&H Core Policy

h3.Implementing Documents
|*Document Number*|*Other Reference*|*Title*|*Type*|
| |[PUB-38513000|http://www.lbl.gov/ehs/safetypub3000/assets/docs/LBNL-PUB-3851.pdf]|_Worker SafetyCH01/CH01.html]|LBNL _Health and HealthSafety ProgramManual_ |ProgramManual|


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h2.ADDITIONAL INFORMATION
|Title: |Workers' Rights in Safety and Health|
|Document number|07.01.003.000|
|Revision number|1|
|Publication date: |1/2/2012|
|Effective date: |11/10/2011|
|Next review date:|11/10/2014|
|Policy Area:|General Policy   ES&H|
|RPM Section (home)|ESH|
|RPM Section (cross-reference)|Section 7.01|
|Functional Division |EH&S|
|Author name/contact info|W. Wells|
| | |
|Revision 0 publication date|11/10/2011|
|Retirement date| |
|Prior reference information (optional)|PUB-3000, Chapter 1|
| | |
|Inputs from more than one Functional Area?| |
|List additional Functional Areas & contacts| |
| | |
|Inputs from more than one Policy Area?| |
|List additional Policy Areas & contacts| |
| | |
|30-day notification needed?| |
|30-day start date| |
|30-day end date| |
| | |
|LDAP protected?| |
| | |
|Need TABL reminders?| |
|Frequency| |
|Brief reminder text:| |
| | |
|Approval Sheet for this revision received (date) \\
\[Note: author is responsible\]| |
h3.Key labels/tags:
\\
h3.New terms that need to be added to Glossary/Acronym list:
* (list items not found and context (Policy Area name) – full definition would be included in Policy)

h3.Implementing Documents restricted to department/functional use
(optional – these will be used for tracing between requirements and associated documents)
|*Document Number*|*Title*|
| | |
| | |
\\
*Side bars:*
Side bar 1 location (cite by Policy Section # - for example: Section D.2.a)
Sidebar 1 text:

Sidebar 2 location
Sidebar 2 text:

Sidebar 3 location
Sidebar 3 text:

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