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Title:

Workers' Rights in Safety and Health

Publication date:

1/2/2012

Effective date:

11/10/2011

BRIEF

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

Who Should Read This Policy

All Laboratory employees and non-employees

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

To Read the EH&S Program Details, Go To:

http://www.lbl.gov/ehs/pub3000/CH01/CH01.html

Contact Information

Safety Compliance Program Manager
EH&S Division
[email protected]

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Title:

Workers' Rights in Safety and Health

Publication date:

1/2/2012

Effective date:

11/10/2011

POLICY

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

B. Persons Affected

All employees and non-employees at Berkeley Lab

C. Exceptions

None

D. Policy Statement

  1. 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.
  2. Worker involvement is promoted through:
    1. Participation in divisional safety committees and Safety Advisory Committee subcommittees (such as the Traffic and Pedestrian Safety Subcommittee)
    2. Participation in accident review teams
    3. All-hands safety meetings
    4. Safety Spot Awards program
    5. Environment, Health & Safety (EH&S) Division online suggestion box and e-mail safety-concern programs
    6. Directorate-level feedback programs
    7. Berkeley Lab newsletters and Web sites
    8. Participation in divisional self-assessments
    9. Participation in the Safety Walkaround Program
  3. Workers have the right to participate in activities related to the EH&S Program, including those activities listed above.
  4. Workers have the right of access to:
    1. Department of Energy (DOE) safety and health publications
    2. Documents describing the Berkeley Lab Worker Safety and Health Program, including the program itself and the ISMS
    3. 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
    4. Information related to the EH&S Program and to the performance measurement of safety and health
    5. The "Worker Protection for DOE Contractor Employees" poster that informs workers of their rights and responsibilities
    6. Results of inspections and accident investigations
    7. Limited information on any record-keeping log (OSHA Form 300), subject to Freedom of Information Act requirements and restrictions
    8. 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
    9. Observe the exposure monitoring or measurement of hazardous agents, and to be provided with the results of their own exposure monitoring
    10. 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
  5. Every worker is directly responsible for ensuring his or her own safety and for promoting a safe and healthful workplace and community.
  6. 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.
  7. Every worker is responsible for:
    1. 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
    2. Collaborating with other workers to determine the best way to achieve the EH&S goal in conformance with Laboratory requirements
    3. Using appropriate resources at his or her disposal
    4. 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

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 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

F. Definitions/Acronyms

None

G. Recordkeeping Requirements

None

H. Implementing Documents

Document Number

Other Reference

Title

Type

 

PUB-3000

LBNL Health and Safety Manual

Manual

I. Contact Information

Safety Compliance Program Manager
EH&S Division
[email protected]

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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DOCUMENT 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

Prior reference information (optional)

PUB-3000, Chapter 1

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
  • 10 CFR 851, DOE Worker Safety and Health Program
  • PUB-3140, Integrated Environment, Safety & Health Management Plan
  • PUB-3851, Worker Safety and Health Program
  • 07.01.001.000, ES&H Core Policy

Implementing Documents

Document Number

Other Reference

Title

Type

 

PUB-3000

LBNL Health and Safety Manual

Manual

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