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
 
DC47 Health & Safety Advisory Committee Meeting
Minutes
November 21, 2005

Attendees

Kathy Black, Health & Safety Director, District Council 47; Jerry Roseman, Industrial Hygienist; Louise Carpino, Health & Safety Officer for Court Employees, Local 810; Sondra Corry, Steward, Free Library, Local 2187; Mary Kerr, Steward in Recreation, Local 2187; John Bromley, Department of Recreation, Local 2187; David Mora, Vice President, Local 2187; Mark Whitlock, Executive Board Member, Local 2187; Terry Scott, Steward, DHS, Local 2187; Vanessa Fields, Executive Board Member and Shop Steward, DHS, Local 2187; Saul Ravitch, Executive Board Member and Shop Steward, Airport, Local 2187; Joe Perry, Library, Local 2186; John Vago, Water Department, Local 2187; Barbara Rahke, Executive Director of PhilaPosh, UAW and CWA/TNG Local 38010.

Thermal Comfort Index- Kathy and Jerry Roseman updated the group on the status of the Thermal Comfort Index, which was negotiated with the City in 2004. The new policy was developed with Risk Management to provide a comprehensive approach for managers to respond to situations when temperatures are out-of-control in the workplace. A Heat Index policy was also developed for people working in inclement weather and extreme temperatures. The Managing Director needs to sign off on this policy so it can go into effect, but Labor Relations was holding it up. Barry Scott, Risk Manager, informed us that Labor Relations felt the City would not be able to train their administrators and supervisors to implement the policy. However, at a recent meeting we had with Risk Management and Labor Relations, they told us they did not want us to have the right to grieve and arbitrate over the administrative actions recommended in the policy.

The Union agreed to this, as we think it will make little difference in how the policy is used day to day in the workplace. The acceptable temperature and humidity ranges make much more sense than the ones we’ve been working with for years, and they are the heart of the policy. Risk Management still needs to finalize the guidelines and promulgate them through the Managing Director’s Office. We hope this will be accomplished by March, 2006. Managers and supervisors will receive training in implementation of the policy.

Jerry Roseman explained there are various measuring devices, which read temperature and humidity, are inexpensive and simple to use. Equipment can also be borrowed from OSHA. They will calibrate the device, explain how it is to be used and you can hold onto it for a while. Some stewards requested whether funding could be provided to purchase the devices for each of them. Kathy agreed to make a request to Bob McAllister and the Health & Welfare Trustees to purchase measurement devices for stewards.

Injury Report Form

Employees must fill out this form to be referred to the Comp Clinic once an accident or injury occurs. There is a line at the bottom of the new version of the form, where DC 47 members can check a box, sign it, and a copy will be sent to Kathy Black. However, she had never received copies of any forms because Risk Management and Ward North America failed to set up a process to get them to her. A process has now been worked out for her to receive them and several have come in for her review. It is important to encourage co-workers to check this box when filling out the form.

Kathy continues to receive monthly printouts from Risk Management on all members who have filed injury reports. It includes their department, a four-word description of their injury, often inaccurate, and their home phone number. She does a follow-up with everyone, but having the injury report forms gives her much more complete information.

One of the Workers’ Comp attorneys from Willig, Williams & Davidson put together some helpful information regarding “Limited Duty and Partial Disability Benefits.” If one worked overtime in the year before their work injury occurred and then returned to work in a light-duty capacity, they might be entitled to extra partial disability benefits. If we know of anyone this applies to, they should be informed of this and Kathy Black should be notified. The law firm has recovered back pay for some DC 33 members.

One other thing that was settled with Risk Management is a Transportation Policy for injured members who have trouble getting to and from their medical appointments after an injury which restricts their mobility. In some cases, transportation is supplied after returning to work on a light duty assignment, and in rare cases we have arranged for workers to be transported to and from work and home.

Members should contact Kathy Black if transportation assistance is needed. The nurse practitioner, or a case manager at Ward North America will make the transportation arrangements. A memorandum was sent to Ward North America as official notice from Risk that they would now be expected to provide transportation assistance in some cases.

Complaints against Dr. Swain

Dr. Swain was a contract doctor at the new Comp Clinic opened at Hahnemann Hospital. Most of our downtown members are going there when injuries are sustained. Dr. Swain made unwanted sexual advances to two male members. When complaints were filed he was required to provide a written apology. He was barred from seeing DC 47 members and has now been released.

First Judicial District

Attached is a one page report filed by Louise Carpino, representative from Local 810, which was made part of the minutes from the Risk Management meeting. Thanks to Louise, a number of health and safety issues in the courts have been resolved. She has developed a good relationship with the building maintenance people, and makes sure potential problems are taken care of as they come up.

Louise has been attempting to get the courts to deal with anonymous threatening calls to female personnel from offenders who are incarcerated or on probation. The Courts put together a Workplace Violence Policy on their own, refusing union input. There is still no tracing of telephone calls; however, no other calls have come in recently. Mark Whitlock pointed out the employees at the Board of Revision Taxes get their share of threatening calls, and a procedure was developed to trace these calls. These messages are left over the weekend when they know no one will be there, which does make them harder to trace. Risk Management has provided assistance to the Courts on this policy, and we are monitoring it through our meetings with Risk.

Unpaid Medical Bills

A number of our members have received harassing letters and calls from collection agencies for unpaid bills for treatment for workplace injuries at emergency rooms. Whether or not you are there for a workplace injury, ERs insist on having your insurance information, otherwise treatment is refused. The City is slow in paying bills, and if the City doesn’t provide timely payment, Blue Cross eventually gets billed. However, BC has no responsibility for paying bills for treatment for a workplace injury. Eventually collection agencies are involved and this has caused financial problems for a few of our members.

The City sent letters to the Credit Bureaus and made it clear members were not responsible for these bills. Credit companies do not care. They will continue to harass members once they have a name or phone number. Whether anything can be done about this is unclear, but people should be made aware of this problem. The City still has not paid some of the bills, because by this point in the process, the bills no longer itemize the services rendered. Rather than investigate and get the information, they refuse to pay. If someone does go to the Emergency Room, they must give their insurance information, however, it should be made clear it is a workplace injury and Workers’ Comp should always be written on everything they fill out. We continue to work to resolve these problems.

Bomb Scare Policy

This policy is still sitting on the Managing Director’s desk unsigned, but Risk Management is functioning as if the policy is in force. The policy relates to the three main downtown office buildings, but will be implemented across the City in the same way. Once the Police are called in on a bomb scare, they take the lead and responsibility. People anticipate the buildings are going to be evacuated when there is a bomb threat, but that’s not necessarily the case nor is it usually a good idea. Mass training will be developed once the policy is official.

Kathy spoke about a recent incident outside Market East Station, near the ARA Building where many of our members work. The typical confusion reigned. When some people are evacuated, others will look out a window and see evacuated co-workers on the street and say, “why am I here and they out there?” People get angry when no one tells them what is happening and what should be done. This incident was a false alarm as almost all are. Bomb threats come in every week, from disgruntled citizens, copycats or pranksters, but there has never been a real incident. City buildings are not considered prime targets for terrorists.

When a threat is called in, there is usually no evacuation or limited evacuation. Bombs can be motion sensitive, and you do not want a stampede that will set it off. An alarm bell is not turned on as it too could trigger an explosion. Bomb threats are not handled the same as a fire evacuation. The Library is revising its evacuation procedures and is interested in reviewing a copy of the City’s draft.

At the Airport, people are advised to wait for instructions. What’s more ludicrous, management is responsible for implementing the Plan but they do not share that information with employees. The Library is a large facility with an old Plan, but it gives direction where people are to go and they have a very good sound system when they decide to evacuate.

Whenever the building at 1515 Arch Street is evacuated, the Hot Line Staff is the only group required to remain in the building. It was agreed this would be raised with Risk Management at the next quarterly meeting.

These kinds of policies are major priorities for Health & Safety Committees around the country, and many places are updating their Fire Evacuation and Bomb Threat Policies due to the times we are living in. Risk Management is working more on trying to get these policies developed, and we will track their progress and report back.

Evacuation of Disabled Employees

Mark Whitlock raised this issue, and Risk Management did have their Policy ready for us. We are not sure these procedures are in place in most departments, but they need to be incorporated into existing evacuation policies, especially since our workforce is aging.

In the high-rises you are usually evacuated into the fire tower. There were people killed in a Chicago high-rise when smoke infiltrated the fire tower as the doors to the floors were locked and people were not able to get back in. Our main buildings downtown have automatic locks that are released when there is a Fire Alarm and people are moved into the towers. You do want to make sure they’re working, but the locks are supposed to release so you can get back onto the floors. Risks are heightened for physically challenged people, and every workplace should review this policy and make sure people know what to do. Everyone who has an interest in health and safety is encouraged to volunteer when there is recruitment for Fire Captains and Monitors, and stewards should encourage other people to volunteer. Back-up people are needed as well, especially to help people who are disabled.

Saul Ravitch expressed concern about the Airport, as it is not clear what their Evacuation Plan is. The current plan only tells who is responsible for making the decision to evacuate, but nothing more specific. Back when there was an Airport Safety Committee, Evacuation Plans from other Airports were looked at which were much more comprehensive. They identified routes, safe areas, and the capacity for each safe area. The Airport is still waiting for their instructions. Saul pointed out that you can go into a night club on Delaware Avenue and easily determine how to evacuate if there is a problem, but at the Airport, where 30 million people pass through every year, you would be unable to figure out the best way out. We had a Health & Safety Committee at the Airport that was functioning well, but management disbanded it (see further discussion in Dept. reports).

Joe Perry pointed out that evacuation routes should be marked in the Library so that patrons can find them easily. Kathy will request copies of evacuation plans from Risk Management. Each Committee representative should request a copy of the Emergency and Evacuation Procedures for their Department or workplace, and make sure it is distributed to co-workers.

Secondary Employment

No action has been taken to resolve the shortcomings of this program. With few job openings in the City there’s little the program can do to accommodate people who can no longer perform the duties of their current jobs.

Shelving in the TANF Unit - This has been resolved.

Risk Management Staffing

A new Industrial Hygienist, Levar Clark, has recently been hired to replace Francine Locke who was wonderful to work with, and who is now working for the School District of Philadelphia.

Disaster Relief

Mark Whitlock updated the group on VOAD training and encouraged committee members to take the training and become a Red Cross volunteer for Disaster Relief. Presently, Mark is waiting for deployment to New Orleans. The Red Cross has issued him a DSHR Number, (Disaster Services Human Resource), which means he is an official Red Cross representative. It was stipulated in our last contract that Paid Relief Time, pending Department approval, will be provided for members to become certified and deployed for Disaster Relief. Mark was the leader for getting that language in the contract.

There are two levels of training. One is for the role of first responder. The American Red Cross offers that training and usually that is run through the AFL-CIO on 22nd Street. Janet Ryder is the liaison person in charge of this training. VOAD training is scheduled on January 28th.

The second level of Red Cross training teaches people to work in shelters as caseworkers or in one of their disaster relief vans, where they feed people and hand out blankets and supplies. Usually it is a two-day course. Once you pass that course, they put you into their computer system and assign you a DSHR number. The Red Cross is happy if people go through both segments. There is another training session that Drexel University will be offering in relation to the DSHR piece. The Red Cross is now in working many states, including Florida, (20,000 or more people still in shelters), Louisiana, Mississippi, Georgia and Alabama. Mark reported that volunteering is a worthwhile, rewarding endeavor as there has been so much pain and suffering. So many people were wiped out financially and physically, lost their houses, and the Federal Government has advised them they must now pay their own hotel bills.

People are encouraged to take the training and become eligible. The Red Cross will send a letter to the Department to ask for disaster relief for so many weeks to cover time for deployment. Usually the Personnel Officer is the liaison person who will handle this. Once the Department has approved it, a person is placed on E-time for the number of weeks they will be away. The Department has the right to say no or limit the amount of time based on operational needs but there is strong pressure from the City to approve the time. Mayor Street has been an advocate in the Hurricane Katrina disaster and the interest is still there on his part.

Service Connected Disability Pension & Health Benefits

Kathy reported discovering a glitch in the way the Pension Board is providing health benefits when an employee is awarded a service connected disability pension. Recently one of our members went to the Pension Board to apply for SCDP. She had been separated from the City for almost a year, which is the deadline to apply for this pension. She was told her health benefits would be awarded retroactive back to the day she was separated from the City if she won the pension. It takes at least a few months for the Pension Board to make a determination on SCDP, so it could be 18 months from the date of separation before benefits would be awarded. This makes no sense, as you cannot access health care retroactively. We are working with the law firm to try to figure out a way around it. Under an ordinary pension, arrangements are made in advance and retirement health benefits begin immediately. This is an unusual case and the first time this problem has been brought to our attention. The Union has decided to provide her health benefits now, and require the City to pay us for the back premiums if she wins her pension.

Reports of Health and Safety Committees and Workplace Problems

Saul Ravitch, Airport

The last time the Airport Safety Committee met was in March, 2004. It was disbanded after Saul wrote an article critical of the Airport’s safety program, which was printed in the Daily News. A grievance was filed to reactivate the Committee. The Committee used to have a fair amount of involvement from people in various Airport Departments from District Council 33 and District Council 47, but very little managerial involvement in support of the Committee. Each month the same problems were discussed, making the same recommendations and nothing happened. In response to the grievance, a Step 4 Hearing was conducted and it will probably go to arbitration.

Airport management has proposed reviving the Committee, but they want to restrict the number of people involved, and they want to have one Safety Committee for 33 and one for 47. There is no good reason to restrict employee involvement in the committee because the problems cut across all Departmental and Union lines, and so do the solutions. You need a lot of input, especially in an organization as large as the Airport. We are discussing how to respond to this. We may have the initial meeting and make the first agenda item broadening the involvement of the membership on the Safety Committee. Local 1510, Irene Snyder, President, was made the same proposal for separate committees and she finds it equally unacceptable.

Jack McCourt is the Safety Officer at the Airport. He was at Risk Management for years and was very cooperative in working with us. He went to the Airport because he thought he would be able to have more direct impact in developing effective safety programs. However, he has been frustrated in his efforts at the Airport. One of the people who work in the Safety Department told Saul he is not allowed to discuss safety with employees! The Airport wants to say yes we have an Airport Safety Committee but they do not want to support what the Safety Committee recommends.

Joe Perry - Library

Joe reported on a new swipe card/staff badge the Library wants to institute. The union has some concerns, especially since there have been operational problems with similar systems in other buildings. The goal is to increase safety for the employees and patrons at the Library. However, the union wants an agreement that it’s not going to become a tool for intimidation or harassment. Other problems at the Library include sex offenders, security issues, predators of children and patrons’ access to pornography. There was a special meeting about problem patrons because of a couple incidents. In the future, these issues will be incorporated into the Health & Safety Committee agenda. That committee has just been revived. It was recommended that Kim Robinson, the new Chair of the Library H&S Committee for the Union, also join this Committee.

John Vago - Water Department

John reported on a number of concerns in his building at 1101 Market Street. The Water Department has a Health & Safety Officer who does a good job on the IOD issues, but there is room for improvement. Some of the problems encountered are because the City departments (Water and Health) are tenants in this privately owned building. Joanne Thomas, Director of Administrative Services, is the only person in the Department authorized to deal with Building Management. There are problems with Emergency Evacuations. It was recently learned a few weeks ago who the Fire Captains are for all four floors, but there are no postings, and most employees do not know who they are. A couple of years ago John discovered the location of the AED, (automatic external defibrillator), for his floor, butt is not known who on his floor is certified to operate it.

John also listed a number of housekeeping, vermin, and air quality problems, which he is pushing Ms. Thomas to correct, or bring to the attention of the building management. Also, the number of plumbing fixtures on the 2nd floor is below code requirement for the occupancy. He has found Ms. Thomas to be relatively ineffective in resolving problems and believes they need to organize their own Health and Safety Committee. John raised the question of a Committee with the other stewards but has not had the chance to follow up on it. There is good documentation of all the problems and John’s attempts to address them with management.

A formal letter should be sent to the Department requesting a convening of a Health & Safety Committee. John is willing to be the Union chairperson for the Committee.

Recently, a costly rehabilitation was done to the heating and air-conditioning system at the Central Lab Building on Hunting Park Ave. John Vago was the Project Manager for the design phase of that. Work was done by a private consultant. At the completion of the assignment, a memo was written recommending this consultant be barred from any future City work. John wanted it on record that this recommendation was made. One of the stewards at this building recently stated since the completion of the renovation, there has been no improvement in the performance of the system.

OESS and new Library building– Jerry Roseman

Jerry and Kathy met with members who work at the Office of Emergency Shelter and Services about safety issues, indoor air quality, mice, cockroaches, and noise. The space they are in was originally meant for one use but was converted to another, and is poorly designed. It is impersonal and unfriendly, workers have no privacy to conduct business, and the noise level caused by clients can be excessive. Jerry offered to meet with workers a couple more times and document these findings. Some appointments have been set up with Melissa Moorman and other stewards to put together a history of what the problems are. People will be interviewed and Jerry will look around, take photographs and put together a document which describes problems and gives us something to take to management to discuss solutions.

A new Library is being built adjacent to the current Central Library, and Central will undergo renovations. Jerry Roseman has been meeting with the project leaders to review HVAC issues, structural and engineering plans. They are probably in stage 3 of its construction, however, nothing has been built yet and the plans have been through many changes. Jerry described some of the other features he is tracking. He will keep us advised. The total control of this building is under the Free Library of Philadelphia Foundation


Recreation Department – Mary Kerr

Jack McCourt provided workplace violence training, customized for Recreation Department employees, several years ago. A rapid response team was established, and everyone had a tag team they could call for help. It is not clear what happened to the response team, but it doesn’t seem to be in place now. Having a Health & Safety Committee in the Recreation Department would be helpful. People have been threatened several times. Security guards are needed. A formal request should be made for a Committee to be organized.

Guest Barbara Rahke, Director of PhilaPOSH

Kathy introduced Barbara Rahke, the new Director of PhilaPOSH, the Philadelphia Project on Occupational Safety and Health. She was an Organizer with UAW for many years, and worked for SEIU briefly before coming to PhilaPOSH. Members were encouraged to donate to this project through the Combined Campaign. Barbara will make herself available to speak at City agencies at Combined Campaign meetings, if our members can get her an invitation

PhilaPOSH is celebrating its 30th year anniversary, an amazing feat for a non-profit organization whose whole purpose is to advocate and fight for workers’ health and safety. Apart from Union sponsors and annual fundraising events, a big source of support comes through United Way and the Combined Campaign. Barbara distributed cards to pass out in workplaces with PhilaPOSH’s United Way number

Barbara said she knows she has big shoes to fill at PhilaPOSH, replacing Jim Moran. She is trying to continue all the programs they have done in the past and introduce new things that would respond to the needs of the Unions they work with. A very successful annual Awards Night was held recently, honoring the Safety Committee at the Sunoco Refinery, Theresa Niedda, Director of the Farm Worker Health & Safety Institute, and Dr. Walter Tsu and Carol Rogers who is a member of DC 47, for the work they are doing on the Health Care for all Philadelphians initiative.

Barbara passed out a flyer announcing a training on using health and safety issues to win organizing campaigns.

Immigrant Workers – The AFL-CIO did a study that showed immigrant workers are 48% more likely than non-immigrants to suffer injuries and workplace fatalities. Recently, the INS scheduled a meeting for contract workers at a Military Base, posing as OSHA representatives available to answer health and safety questions. When the 60 workers got to the meeting, they were arrested and some were deported. Actions like this undercut the credibility of OSHA and set back the movement for Immigrant Workers.

PhilaPOSH is reaching out to immigrant communities as an alternative to OSHA. They are going to do a training on basic Health & Safety right and, OSHA rights, and they will try getting out in community based agencies with Spanish speaking Union members. It will be a Union based message rather than a Government agency based message. They also have a graduate student from Drexel School of Public Health who is on a year program with them to put this information together. If any of our Locals have anyone who is Spanish speaking who would like to be a part of this, this will take place after the first of the year. The trainer will be able to work with them to go into community based groups. Please pass this on.

The next Risk Management Meeting is January 26th and the Health & Safety Advisory Committee Meeting is scheduled for February 27, 2006. Ergonomic training will take place, and a discussion of Health & Safety Committees, if there is time.