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ARTICLE, XXVH
<br />Safety
<br />Section 1. In accordance with the requirements of the Occupational Safety and Health
<br />Act of 1970, it shall be the exclusive responsibility of the Employer to ensure the safety of its
<br />employees and compliance by them with any safety rules contained herein or established by the
<br />Employer. Nothing in this Agreement will make the Union liable to any employees or to any other
<br />persons in the event that work -related disease, sickness, death, injury, or accident occurs. The
<br />Employer will not engage in any litigation against the Union, on a subrogation theory, contribution
<br />theory, or otherwise, so as to obtain a money judgment from it in connection with any work -related
<br />disease, sickness, death, injury, or accident.
<br />Section 2. The Employer shall, at all times, provide safe tools, materials, and equipment
<br />and safe working conditions. 1f at any time, in the opinion of an employee, such tools, materials,
<br />equipment, or working conditions are unsafe and constitute a hazard to health or physical safety, the
<br />employee shall have the right to refuse to work with such tools, materials, or equipment or under such
<br />hazardous conditions unless or until they are made safe. No employee shall be dismissed, disciplined,
<br />or otherwise discriminated against, nor shall his pay be withheld, for refusal to work with such unsafe
<br />tools, materials, or equipment or tender such unsafe or hazardous working conditions.
<br />Section 3. The Employer agrees that during the life of this Agreement, the Employer will comply with
<br />all applicable federal and state laws concerning occupational safety and health, including all applicable
<br />standards, rules, and regulations issued pursuant thereto.
<br />Section 4. The Employer shall provide, at no cost to the employee, all necessary personal protective
<br />equipment and instructions on proper use of such equipment. The Employer shall
<br />provide for the proper maintenance and cleaning of all necessary personal protective equipment. if at
<br />any time, in the opinion of an employee, such personal protective equipment is defective, has not been
<br />properly maintained, or is not the appropriate personal protective equipment under the particular
<br />working conditions, the employee has the right to refuse to -%vork with such equipment. No employee
<br />shall be dismissed, disciplined, or otherwise discriminated against, nor shall his pay be withheld for
<br />refusal to work with such defective, improperly maintained, inappropriate personal protective
<br />equipment. The employee shall immediately report to the Employer such defective, improperly
<br />maintained, or inappropriate personal protective equipment.
<br />Section S. .Except as clearly and specifically required by law or regulation, the Employer shall not
<br />require any employee to sign a form or statement dealing with health and safety, hazards in the
<br />workplace, or instruction and training relating to hazards in the workplace, unless that form or
<br />statement has been reviewed and agreed upon by the Union; provided, however, employees may be
<br />required to execute documents acknowledging that they have received and read an Employer's health
<br />and safety policy.
<br />Section 5. A willfid violation of safety rules by an employee may result in discipline, up to and
<br />including discharge.
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