Article 13 - Hemet Teachers Association

ARTICLE 13: SAFETY CONDITIONS
13.1 The District acknowledges its obligation to maintain a safe working
environment for unit members and for prescribing appropriate safety
standards. In this regard, the District intends to be guided by the California
Occupational Safety and Health Act (Labor Code Section 6300).
13.2 Unit members acknowledge their obligation to comply with District safety
standards, including accident and safety reports, and to practice basic safety
measures. Failure to do so, may be grounds for discipline.
13.3 Unit members shall report to their immediate supervisor suspected unsafe
conditions in writing. The District shall supply a report form for reporting
unsafe conditions.
13.4 Unit members shall report to their immediate supervisor any abuse of school
personnel, assault or battery upon school personnel, or any threat of force or
violence directed toward school personnel which occurs at any time or place
and is related to any school activity. Unit members are obligated to prepare
any reports required by the District relating to such incidents. The District
will facilitate actions against students or adults who abuse, assault, insult or
upbraid employees. The District shall, upon request, respond to the affected
employee within five (5) working days as to what action has been taken or is
being considered by the District with respect to the incident in question.
13.4.1 Employees who have been attacked, assaulted, or battered, or who have
been threatened with injury by someone the employee reasonably believes is
capable of inflicting such harm, shall immediately report the incident to their
immediate supervisor and to appropriate law enforcement authorities if they
desire.
13.5 The District will investigate all reports of suspected unsafe conditions and
shall take steps it deems necessary to correct conditions determined to be
unsafe. The District shall, upon request, respond to the Association or the
employee within five (5) working days as to what remedial action is being
considered to correct the unsafe condition.
13.6 The District shall supply and maintain adequate means for communication
between a teacher and other staff members at the school for emergency
situations.
13.7 The District shall maintain a Safety Committee, which shall consist of,
among others, representatives of the certificated bargaining unit. Any
bargaining unit member may obtain the name of any representative of the
Safety Committee and may report to a committee member any safety
problems for consideration by the committee.
13.8 No unit member shall be required to perform duties under conditions
which pose an immediate threat of serious physical harm to the unit
member provided the unit member has reported the condition to her/his
site administrator and exhausted reasonable means to correct the
condition. In exercising the foregoing right, unit members shall not
neglect the responsibility to provide for the safety of students.
13.9 The District shall indemnify and hold harmless from liability any unit member
who performs, within the scope of her/his authority, specialized health care
services. Unit members shall receive proper and adequate training in those
health care services they are asked to perform. Notwithstanding the above,
and with the exception of nurses, no unit member will be required to perform
catheterizations, diapering, injections, ileostomies, colostomies, gastrostomies,
tracheostomy, suction, oxygen administration, gavage feeding or draining.
Nothing herein shall be interpreted as preventing a unit member from
performing the health care services described herein if the unit member
volunteers in writing and has received proper training from a certified
specialist in these procedures.
13.10 No bargaining unit member shall be asked or directed to transport pupils in
private vehicles.
13.11 The District will inform employees of the scope of protection for personal
liability under the District's liability coverage for employees acting as
agents of the District.
13.12 Each unit member shall be given a copy of the school site's student
discipline procedures at the start of the school year. These procedures
shall include a description of the right of a unit member to suspend a
student from class. Site handbooks shall contain Education Code and
procedures relating to a unit member’s suspension of a student beginning
in the 2015-2016 school year.
13.13 In accordance with Education Code Section 49079, the District shall notify a
unit member of any pupil enrolled in her/his class who has engaged in, or is
reasonably suspected to have engaged in, within the last three years, any of
the acts subject to suspension or expulsion under the Education Code Section
48900 that are reportable under Section 49079 when such information is
made known to the District. The District shall provide the information to the
teacher through records the District maintains in its ordinary course of
business or receives from a law enforcement agency. Any information received
by a unit member pursuant to this section shall be received in confidence for
the limited purpose for which it is intended and shall not be disseminated by
the teacher. Violation of this confidentiality requirement by a unit member
shall be grounds for discipline.