ARTICLE 12: SAFETY Revised June 1996
12.1 Working Conditions
12.1.1
Unit members shall not knowingly be required to work under unsafe conditions.
During emergency situations, unit members shall be notified as soon as possible
of necessary procedures and efforts being taken to remedy hazardous conditions.
The parties pledge to cooperate in detecting and correcting unsafe conditions
promptly.
12.1.2
The District shall comply with provisions of the California Occupational Safety
and Health Act (CAL-OSHA)
12.1.3
If requested by the Association, the District shall, within two (2) days, provide
the Association, a copy of any correspondence between the District and CAL-OSHA.
12.1.4
The District Safety Committee will include a unit member representative from
each school
site.
12.2 Student Discipline
12.2.1
A unit member may suspend a student from his/her class for cause for two (2)
days
(the day of suspension and the day following). The unit member shall send the
student
to the principal for appropriate action.
12.2.2
A written description of the rights and duties of unit members with respect
to student discipline and the right to suspend students, shall be presented
to each unit member, in writing, on the first day of each school year. Unit
members, acting within the scope of their duties and responsibilities, may
exercise the amount of physical control reasonably
necessary to protect themselves, maintain order, protect property, or protect
the health
and safety of pupils.
12.2.3
As per E.C. 49079, teachers will be notified of students who have engaged in
acts constituting grounds for suspension or expulsion.
12-1
Assault and Battery Teachers shall immediately report cases of assault or
battery suffered by them in connection with their employment to the principal
or immediate supervisor, who shall immediately report the incident to the
police. Such notification shall immediately be forwarded to the Superintendent.
The Superintendent shall comply with any reasonable request from the teacher
for information in the possession of the District relating to the incident
or the persons involved, and shall act in appropriate ways as liaison between
the teacher, law enforcement agency(s), and the courts.
12.3.1
For purposes of this section, the following Penal Code definitions will be
used: Assault: Any unlawful attempt, coupled with a present ability to commit
a violent injury upon the person of another (P.C. 240). Battery: Any willful
and unlawful use of force or violence upon the person of another (P.C. 242).
12.3.2
The District shall reimburse unit members for any related medical or property
costs not covered under insurance benefits incurred as a result of assault
or battery in the course of their duties.
12.4 Specialized Health Care
12.4.1
The District shall provide each teacher who is or may be required to provide
specialized health care, in-service training upon request.
12.4.2
The District shall comply with all Education Code and Title V provisions in
order that the unit member may provide specialized health care in a safe appropriate
environment.
12.4.3
The District will indemnify and hold harmless from all liability any unit member
who performs health care services in the course of their duties.