AFSCME District Council 47 Logo Health & Safety
District Council 47, American Federation of State County and Municipal Employees, AFL-CIO — 1606 Walnut Street, Philadelphia PA 19103-5482 — (215) 546-9880
 


MINUTES OF HEALTH & SAFETY MEETING
RISK MANAGEMENT, CITY OF PHILADELPHIA, AND AFSCME DC47
JUNE 9, 2005

Attendees: Kathy Black, Louise Carpino, Judy Hoover, Rita Urwitz, Mark Whitlock, Jerry Roseman, Barry Scott,, Kendall Banks, Lavar Clarke, Mike Rudman, Prudence Rembert, Scott Edwards

1. Barry Scott announced that Francine Locke had left Risk Management to go to work for the School District of Philadelphia and will, hopefully, be replaced by Doua Xiong (waiting for approval). In addition, Scott Edwards and Lavar Clarke were "introduced" and will be working with Risk on health and safety projects and evaluations;

2. There was a long discussion about the Heat Stress Policy document that the union believed had already been agreed to - instead, Barry & Kendall introduced 2 "new" & "revised" drafts; the Policy was divided into 2 separate documents - Thermal Comfort Policy & Heat Stress Policy - the reason given for the substantial change was that the document was presented, just recently, to the Managing Director's Office and the Office of Labor Relations where it ran into problems. According to Barry, comments from the DofLR expressed the feeling that perhaps this policy (the one that had been negotiated for months and months and discussed, reviewed and agreed to by all parties) reflected a "new" direction entirely and one that would be very difficult to enforce and seemed, possibly, to be at odds with the history of past negotiation on this issue. Kathy and others were dismayed by this point of view and expressed the observation that throwing such a monkey wrench into the works at this late date seemed like bad faith negotiating and that the City's current position was too unclear to permit a reasonable response. There was a demand that more specificity be provided and that details of changes be made very clear. Barry Scott promised a response by 6/16/05;

3. Bomb Scare Policy - The most recent version will be adopted for all city- owned and operated buildings and will serve as a "model" for those buildings in which the city is a tenant. Risk Management is comfortable with the policy as
Minutes – Risk Management/AFSCME DC47 – June 9, 2005 2.

now drafted - they have reviewed the policy details with the Managing Director and with Public Property and Scott and Kendall met with the Police Department's Bomb Squad and Tactical Unit in an effort to better understand the "real-world" on-the-ground response and approach. The general outline of the policy follows:

a. On receiving a bomb threat the PD Bomb Squad Unit will be contacted and an evaluation and inspection immediately begun under the control of the PD. No widespread notification nor evacuation will implemented based solely on the receipt of a threat but decisions will be made on a case-by-case basis;

b. An inspection will be undertaken utilizing designated employees/managers in the building who might better be able to identify items, containers, etc., that are suspicious or out of place; and

c. The credibility of each threat, as well as the response undertaken, will be based on the specificity of the information provided and on specific details provided regarding any explosive device.

This type of response, that is without giving widespread notification to building occupants immediately following the receiving of a bomb threat and the decision to not immediately implement evacuation procedures, is based on the history and current reality of bomb threat situations in Philadelphia. Over the last 35 years there has been only 1 physical device actually found in a building following a bomb threat despite the fact that dozens or hundreds of bomb threats have been received during that same time. Bomb threat calls increase whenever there is a similar act of violence elsewhere and are not particularly related to actual threat. Further, it has been concluded that City of Philadelphia facilities are not at very high risk of attack and that in most instances where an explosive device is actually detonated, no advance warning is given. Therefore, it is thought that the threat level is exceedingly low.

Some concerns raised by committee members, Mark Whitlock particularly, included:

* Asking employees to help or be responsible for inspecting their work areas and thereby placing them at unnecessary additional risk;
* The inconsistency in response - sometimes one or two or more floors will be evacuated but others will be required to remain - this breeds an environment of fear, mistrust and anger; and
* The decision to not inform building occupants of the nature and details of the bomb threat at a very early stage; instead they would find out only after the police arrived and even then in a piecemeal fashion


Barry responded by stating that the policy was intended to bring together the best available information and approaches to a difficult problem and that there would be training and identification of floor captains to aid in the inspection process ONLY of their own/immediate work areas. Volunteers would be sought and no one would be required to act as an "inspector." Barry then asked that there be union review and specific comments and feedback about the policy.;

4. Unpaid Medical Bills - This problem is still lingering and is now more than 2 years old. Barry acknowledged the issue and asked Kathy to continue to contact Prudence as specific cases arise and he also committed to going back to the Law Department again, to get them to be more aggressive in pursuing the outstanding payment claims. Union members, who have been injured or are suffering with illnesses, are being dunned and are seeing their credit ruined for something that is not their obligation or responsibility and the union insisted that the city push harder to resolve the issue and to protect their employees. Jerry suggested that the city write letters to the 3 major credit reporting services on behalf of employees whose credit has been or may become adversely affected, explaining that the individuals are not at fault and that the debts are not theirs. Barry said he would pursue that suggestion as well;

5. Referrals for Counseling - Union stated that there was insufficient direction being given to providers regarding referrals for counseling services. Barry responded, initially, by saying that no letter had been sent because "that was not how the city related to providers." He said that people seek medical care in two ways - in the emergency room or in a Provider-managed clinic. Kathy said that the union had asked for, and she thought that Barry had agreed to provide, a letter specifically addressing the counseling referral issue. Barry agreed to draft and send such a letter at the next Medical Director meeting on 8/1/05;

6. Hahnemann Issues - Kathy stated that so far there has been a low complaint level from those seeking care at Hahnemann and Barry announced that a new, and certified in occupational medicine, physician named Francis Burke had replaced Dr. Foster;

7. Transportation Provisions - Prudence will distribute a 1 paragraph policy (by 6/10) that will be sent to Kathy and will be addressed to Ward directing them about the transportation policy;

8. Secondary employment for non-IOD disabled employees - this was discussed and Judy raised concerns about Dennis Norwood's views and approaches to resolving this issue. To date there has been no satisfactory response although Barry agreed to pursue the issue and get back to the union;

9. Green Cleaning Products - Kathy asked for an update and Kendall said they were still working on it - he committed to talking to Public Property about using "greener", "safer" products. In response to Judy's complaints re: cleanliness at MSB, Barry explained that Lavar would work with the EPA and others to develop a "green" approach at MSB and at other sites
* At new facilities, Barry stated, a "Green" approach has been implemented;
* At the YSC there is an attempt to consider environmentally friendly design (Risk participated in meetings with YSC and offered comments and suggestions related to more environmentally acceptable products and approaches); and

10. Workplace Violence (Judicial District) - Louise described the situation as worsening with harassing phone calls and employee concerns about violence. The union approached management but received no real interest in working on or listening to employee concerns and complaints about the issue. The union asked Barry and Risk to get involved in trying to find someone in management who would be willing to take the issue seriously and to try to come up with some recommendations and solutions. We discussed the First Judicial District’s obligation to provide a Safety Program under the Workers’ Comp Law. Risk agreed that the Courts have the same obligation as any other Department, and that failure to have a Safety Program threatens the City’s self-insured status. So far, Risk has not held a safety audit at FJD as they have in other large departments. Louise will send Barry details about the documented incidences, and Rita will send information to Barry about approaches and ideas that can be used to control workplace violence.

The next meeting date was set for Thursday, September 29, 2005 at 10 am.