10.1. Unsafe or Hazardous Conditions
10.1.1. Unit members shall not be required to work under unsafe or
hazardous conditions violating a final order of CAL-OSHA or to
perform tasks which endanger their health or safety.
10.2. Reports
10.2.1. Each unit member may report, in writing, (on the "Request for
Response - Adverse Working Conditions" form - Appendix G), any adverse conditions in his/her working environment, including matters related to classroom temperature. The employee shall file the report simultaneously with the following persons:
Immediate Supervisor/Principal
Assistant Superintendent, Administrative Services
Assistant Director of Maintenance and Operations
MDEA President
10.2.2. Such report shall be filed within ten (10) working days of the time the
unit member might reasonably have been expected to know of the
adverse working condition which is the basis of the unit member's
complaint. The unit member shall receive a written District response
within ten (10) work days stating what action will be taken to correct
the situation or, if no action is to be taken, the reasons why. If the
unsafe conditions complained of are not corrected or a program
leading to correction is not agreed to by the unit member, he/she may
pursue the complaint under the following procedure:
10.2.2.1. Within five (5) working days of receipt of the District response
provided above, the unit member may appeal in writing to the
Assistant Superintendent, Administrative Services, who shall
issue a written response to the appeal within five (5) working
days after receipt.
10.2.2.2. If the unit member is dissatisfied with the response issued in
§10.2.2.1 above, Association may, within five (5) working days
of receipt of such response, appeal the matter directly to
binding arbitration pursuant to Article 3, § 3.10 (Formal
Grievance Step 3).
10.2.2.3. The parties are encouraged to and may at anytime during this
process meet to attempt to resolve the issue.
10.2.2.4. The process provided in this section (§10.2) is the exclusive
procedure for resolving complaints under Article 10 (Safety).
10.3. Priority of Repairs
10.3.1. First priority shall be given to repairs that affect safety in any
classrooms or other enclosed school areas where unit members have
job-related responsibility.
10.4. Assaults
10.4.1. Unit members shall immediately report cases of assault suffered by
them in connection with their employment to their principal or other
immediate supervisor, who shall immediately report the incident to
the police and take appropriate action, as specified in the California
Education and Penal Codes, to provide for unit member safety.
Simultaneously,
the unit member shall complete the "Employee
Report
of Assault" form. Such notification shall immediately be
communicated to the Superintendent or designee(s). Upon receipt of
such a report, the site administrator shall inform the unit member that
the report will be forwarded to the Association.
10.5. Discipline Policy
10.5.1. In order to provide for unit member safety, the Board on the first day
of each school year shall present to each unit member copies of the
of the rights and duties of all students, parents, administrators and
unit members.
10.5.2. The principal of each school site shall meet with his/her faculty prior
to the close of the student school year, for the purpose of reviewing
the school procedures for student discipline. At that meeting, the
faculty shall be given the opportunity to provide input on the discipline
procedures.
10.5.3. On one of the pre-service days of each school year, the principal
shall provide each unit member a written copy of the school
procedures for student discipline. These procedures shall be
accompanied with copies of teacher referral forms, forms for Teacher
Notice of Pupil Suspension, and Parent Conference Request forms.
10.5.4. Any unit member who refers a student for disciplinary reasons shall
receive, upon request, in a timely manner, a written statement from
the administrator in charge, what action, if any, was taken to resolve
the problem which caused the referral.
10.6. Physical Control
10.6.1. Unit members may exercise the amount of physical control
reasonably necessary to protect themselves, or to insure the safety
of other unit members or students.
10.7. Student Records
10.7.1. Unit members shall be informed of the record of a student's behavior
when a student is administratively transferred for disciplinary reasons
at the time the student is enrolled.
10.8. Specialized Health Care
10.8.1. Specialized physical health care services as used in this
section include, but are not limited to the following
procedures: urinary catheterization, gavage feeding, endotracheal or oral suctioning. These specialized physical health care procedures are further described in the Guidelines and Procedures for Meeting the Specialized Physical Health Care Needs of Students, California Department of Education, 1990.
10.8.2. General Provisions
10.8.3. Prior to being required to perform or assume responsibility
for a specialized physical health care procedure, a unit
member shall be provided the following:
10.8.3.1. A written statement from the parent/guardian of the pupil
requesting that the District provide the specialized physical
health care procedure.
10.8.3.2. A written statement from a physician explaining the purpose
and method of the procedure.
10.8.3.3. Training in the specialized physical health care procedure
provided by the school nurse, public health nurse or licensed
physician and surgeon.
10.8.3.4. Written verification that the unit member has received the
training necessary to perform the designed procedure(s).
10.8.3.5. Supervision by the school nurse, public health nurse or
licensed physician and surgeon.
10.8.3.6. A copy of the specialized physical health care procedure
from Guidelines and Procedures for Meeting the Specialized
Physical Health Care Needs of Students, California Department of Education, 1990.
10.8.4. Inservice Training
10.8.5. In accord with E. C. § 49423.5, the District shall provide
affected unit members training in the following areas:
10.8.5.1. Procedures required to meet the student’s specialized
physical health care needs.
10.8.5.2. Cardiopulmonary resuscitation
10.8.5.3. Community emergency resources
10.8.6. Medication Administration in the School
10.8.7. All unit members shall be informed of procedures regarding
the administration of prescription or other medications to
students.