Article 37 Health and Safety

Article 37^*

^{*This article has been updated to reflect 2023 reopener bargaining.}

HEALTH AND SAFETY

37.1 The CSU recognizes the importance of procedures for the protection of health and safety of faculty unit employees. The CSU shall endeavor to maintain conditions that are conducive to the health and safety of the employees. The CSU shall endeavor to ensure that faculty unit employees will not be required (a) to work in unsafe conditions or (b) to perform tasks that endanger their health or safety.

37.2 Safety equipment shall be provided to a faculty unit employee when it is deemed necessary by the President to maintain safe and healthful conditions, or such safety equipment is required by a government agency which has jurisdiction over the affected campus.

37.3 A faculty unit employee shall endeavor to maintain safe working conditions and shall adhere to CSU-established safety rules, regulations, and practices. The CSU shall inform faculty unit employees of all campus safety policies, including information about employee safety training, by electronic mail or otherwise.

37.4 Campuses shall maintain an emergency alert program that can normally send timely information to faculty unit employees in the event of an emergency, as directed by the President. Faculty unit employees may opt in to this program.

37.5 A faculty unit employee who observes or detects any health and safety hazard shall report it to the appropriate administrator as soon as possible. All work-related injuries and illnesses shall be reported immediately to the appropriate administrator.

37.6 Recommendations and suggestions regarding safety and requests for health and safety equipment presented by a faculty unit employee shall be considered. When such recommendations and suggestions are submitted to the appropriate administrator in writing, the appropriate administrator shall respond in writing.

37.7 When a faculty unit employee believes in good faith that they are being required to work under unhealthy or unsafe conditions, they shall notify the appropriate administrator. The appropriate administrator shall investigate as soon as possible the alleged unhealthy or unsafe conditions and shall immediately communicate with the faculty unit employee in writing, as to the results of such an investigation and, if deemed necessary, the steps that shall be taken to correct the condition.

37.8 A faculty unit employee may request a temporary reassignment when they believe in good faith that their present assignment presents a clear danger to their health and safety. The appropriate administrator shall promptly respond to such a request in writing. Such a request shall not be unreasonably denied during the preliminary aspect of any investigation. If such an unsafe or unhealthy condition is found during such an investigation, the temporary reassignment shall continue until a remedy is implemented.

37.9 One (1) employee from the bargaining unit shall be designated by CFA to represent the health and safety interest of employees in the bargaining unit. Such representation shall be by membership on the existing campuswide safety committee. Such a representative may submit agenda items related to health and safety. This provision shall not preclude other bargaining unit employees from serving on the campuswide safety committee when appointed by means other than those provided in this provision.

37.10 All people have constitutional rights when it comes to interactions with police officers. CSU employees have those same rights when it comes to interactions with University Police. When University Police seek to interview a CFA represented employee, the employee has no obligation to participate. If, however, the employee chooses to participate, the employee may request to be accompanied by a union representative.  If the request for a union representative is denied, the employee has no obligation to participate. Nothing in this provision shall limit the rights of employees to be represented by an attorney when interacting with University Police.

37.11 CSU agrees to provide lactation spaces consistent with California Labor Code Section 1031.  The CSU shall make the locations of all lactation spaces on campus known to the campus community through searchable, up-to-date, web-based information. Upon request, the campus human resources office shall inform faculty unit employees where the nearest lactation space is located.  If CFA bargaining unit employees are unable to access adequate lactation spaces, CFA or a bargaining unit employee may notify Campus Human Resources. If CFA reports such an issue, CSU should inform CFA within sixty (60) days of its plans for addressing the issue or an explanation for why it believes adequate lactation spaces are already being provided.

37.12 The CSU shall make the locations of all gender-inclusive facilities on campus known to the campus community through searchable, up-to-date, web-based information. If CFA bargaining unit employees have inadequate access to convenient gender-inclusive restrooms, CFA or a bargaining unit employee may notify Campus Human Resources. If CFA reports such an issue, within sixty (60) days, CSU should inform CFA of either its plans to add a gender-inclusive restroom in the reported area or explain why such an addition is not feasible.