Member Reference

Collective Bargaining Agreement

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Official Reference

2024 AFGE TSA Council 100 and TSA Collective Bargaining Agreement

Effective Date: May 24, 2024

Note: The contract language below is displayed from the official CBA text. It is not summarized or rewritten.

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ARTICLE 33: HEALTH AND SAFETY

Official CBA pages 163-167

Official CBA Page 163

ARTICLE 33: HEALTH AND SAFETY

A. PURPOSE: The Parties recognize that a safe and healthful work environment is valued by

TSA, is necessary for the accomplishment of TSA’s mission, and contributes to a high quality

of work life for the bargaining unit employees.

B. RESPONSIBILITIES: Bargaining unit employees should report known or suspected

workplace hazards to management. Management is responsible for identifying workplace

hazards, monitoring and reducing risks, and correcting unsafe conditions and practices in order

to safeguard bargaining unit employees. Management is responsible for ensuring all bargaining

unit employees receive training in safe and healthful practices, including instructions, work

methods, and use of equipment. The Union will encourage bargaining unit employees to

observe all safety rules and use all safety equipment and safeguards provided.

C. HEALTH, SAFETY, AND WELLNESS COMMITTEE:

1. The Parties will have a joint labor-management committee at the national level pertaining

to health, safety, and wellness issues in the workplace (the “Health, Safety, and Wellness

Committee” or “Committee”).

2. The Health, Safety, and Wellness Committee will have at least one (1) management

representative from Security Operations and up to seven (7) Union members, including the

Union Co-Chair, to review, discuss, and make recommendations on matters concerning,

but not limited to:

a. Safety equipment (e.g., gloves, back braces, knee pads, safety glasses, lighting);

b. Radiation concerns (e.g., exposure, mitigation measures, equipment, dosimeters);

c. Health programs (e.g., gym memberships and discounts, walking clubs);

d. Wellness programs (e.g., smoking cessation courses, diabetes classes);

e. Workplace safety (e.g., cleanliness of the checkpoint, noise volume, air quality, flu

exposure);

f. Training and education related to health, safety, and wellness issues (e.g. Family and

Medical Leave Act (FMLA), workers’ compensation, Safety Information System);

g. Safety Action Teams;

h. Employee Assistance Program (EAP);

i. Worklife4You Program, including child care services.

Official CBA Page 164

3. One (1) management representative and four (4) union representatives shall constitute a

quorum at a meeting of the Health, Safety, and Wellness Committee.

4. The Committee will have two (2) co-chairs: one (1) AFGE co-chair and one (1)

management co-chair.

5. The Health, Safety, and Wellness Committee members will make earnest efforts to jointly

craft recommendations. Either Co-Chair may request assistance from the Federal

Mediation and Conciliation Service to facilitate reaching joint recommendations.

6. The Health, Safety, and Wellness Committee will submit any joint recommendations to the

appropriate program office.

7. The Health, Safety, and Wellness Committee will hold two (2) meetings per year at TSA

Headquarters or a no cost facility as mutually agreed upon by the Co-Chairs. These

meetings will take place on Tuesdays and Wednesdays, unless modified in accordance with

Section C.10. The Mondays and Thursdays preceding and following the meeting dates will

be reserved for travel to and from the meeting locations and pre- and post-meeting Health,

Safety, and Wellness Committee work. TSA will pay the travel and per diem expenses, if

any, of up to seven (7) AFGE representatives who are bargaining unit employees for these

two (2) meetings.

8. Any other Health, Safety, and Wellness Committee meetings will be held virtually at a time

agreed upon by the Committee Co-Chairs. The length of these other meetings will also be

agreed upon by the Committee Co-Chairs.

9. AFGE representatives who are bargaining unit employees serving on the Health, Safety,

and Wellness Committee will do so on official time.

10. Matters proposed for discussion by either party will be forwarded to the other party at least

seven (7) calendar days prior to the meeting date. Any matter not submitted by this

timeframe will not be considered for discussion unless by mutual consent of the parties.

Failure to provide appropriate topics within the prescribed timeframe may result in a

modification to the length of the meeting.

11. The Committee will be briefed on health, safety, and wellness issues and concerns at each

meeting.

12. At one (1) of the two (2) meetings per year, the Committee will receive a report from OSHE

recapping the previous year’s OSHA violations and workers’ compensation data for

bargaining unit employees.

13. Joint recommendations will be forwarded to the appropriate Assistant Administrator(s) for

implementation. Within sixty (60) calendar days of receiving the joint recommendation,

the appropriate Assistant Administrator(s) will reply to the Health, Safety, and Wellness

Committee indicating acceptance or denial of the joint recommendation or to request

Official CBA Page 165

additional information regarding the joint recommendation. If accepted, a joint

recommendation will be implemented at the appropriate Assistant Administrator’s

direction. If the joint recommendation is denied, management will specify in writing, at the

time denial is communicated, why management will not implement the joint

recommendation and will refer it to the Health, Safety, and Wellness Committee for further

deliberations.

14. Joint recommendations of the Health, Safety, and Wellness Committee that are approved

by the appropriate Assistant Administrator(s) will be implemented consistent with that

approval and may not be subject to impact and implementation bargaining at the national

level.

15. If management implements a joint recommendation of the Health, Safety, and Wellness

Committee, management will communicate that management has adopted a Health, Safety,

and Wellness Committee recommendation to the entire bargaining unit via a TSA

Broadcast Message within forty-five (45) calendar days of the implementation. At a

minimum, the message will state the following: "As a result of the recommendation of the

Health, Safety, and Wellness Committee under the AFGE-TSA Bargaining Agreement...".

16. AFGE agrees to notify management, in writing, of the names of the union representatives

who will serve on the Health, Safety, and Wellness Committee. AFGE reserves the right

to change any of the union representatives at any time. AFGE will normally provide

management with notice of a change in Committee membership at least fourteen (14)

calendar days before the Committee meeting.

17. Management agrees to notify AFGE, in writing, of the names of the management

representatives who will serve on the Health, Safety, and Wellness Committee.

Management reserves the right to change any of the management representatives at any

time. Management will normally provide AFGE with notice of a change in Committee

membership at least fourteen (14) calendar days before the Committee meeting.

18. The Health, Safety, and Wellness Committee members can request joint training on the

subject(s) set forth as topics for discussion at the two (2) committee meetings. The training

will be part of the meeting time. If determined appropriate by management, TSA may offer

additional training to the Health, Safety, and Wellness Committee.

D. EMERGENCY PREPAREDNESS PLANS: TSA management at each airport will share

TSA’s emergency preparedness plan with the AFGE local president or designee for that airport

and provide a briefing annually to update the AFGE local president or designee on any

modifications or additions to the emergency preparedness plan.

1. Each checkpoint and baggage screening location will be stocked with an adequate first-aid

kit stored in a location within ready access of bargaining unit employees.

2. Bargaining unit employees will be provided an annual walk-through for emergency

preparedness.

Official CBA Page 166

E. PERSONAL PROTECTIVE EQUIPMENT (PPE): To assess and minimize the hazards

that may be present in facilities or locations where bargaining unit employees are assigned

and/or deployed, and to the extent it is within TSA’s control, TSA will:

1. At TSA’s expense, make available approved PPE to bargaining unit employees as needed

to perform their duties, consistent with Chapter 17, Personal Protective Equipment, of the

TSA Occupational Safety and Health Manual. PPE may include, but is not limited

to, hearing protection, respiratory protection, hand protection, eye and face protection,

and head protection;

2. Provide bargaining unit employees with training on the use, care, maintenance,

and limitations of required and authorized voluntary-use PPE; and

3. Ensure that PPE is safely stored and maintained, and that PPE is removed from service

when defects are noted. Upon request, TSA will provide the AFGE Local President or

designee with a POC for questions regarding PPE.

4. The Health, Safety, and Wellness Committee described in this Article will periodically

review and evaluate the PPE program and provide recommendations to TSA management.

5. The Parties understand that bargaining unit employees will be able to wear protective

respiratory masks (e.g., N95) consistent with Chapter 17, Personal Protective Equipment,

of the TSA Occupational Safety and Health Manual.

6. Gloves: TSA will provide nitrile gloves to bargaining unit employees. TSA will provide

alternate (e.g., non-allergenic) gloves to bargaining unit employees upon request consistent

with Chapter 17, Personal Protective Equipment, of the TSA Occupational Safety and

Health Manual.

F. MATS: TSA will provide anti-fatigue mats at bargaining unit employee workstations where

bargaining unit employees stand in one place for extended periods of time.

G. WATER: Consistent with TSA Policy, bargaining unit employees will have access to

potable drinking water (e.g., water coolers, water fountains, bottled water, water jugs),

within two hundred (200) feet of the checkpoints or other work areas, at no cost to the

bargaining unit employees.

H. TEMPERATURE: TSA will make reasonable efforts to coordinate with worksite authorities

to ensure that temperatures and humidity levels within TSA work areas do not impede the

bargaining unit employees’ performance of their duties. Where temperatures in TSA work

areas consistently fail to meet the OSHA-recommended limits for the type of work being

performed as provided in TSA Management Directive 2400.1, Occupational Safety and

Health Program, reasonable corrective measures will be taken to alleviate the problem,

including but not limited to, working with the airport authority to alleviate the problem.

Official CBA Page 167

1. The FSD or designee will notify the AFGE Local President or designee of the efforts (e.g.,

contacting the airport authority) to resolve issues related to heating and air conditioning.

2. Bargaining unit employees may wear TSA-issued jackets as authorized in Article 16:

Uniforms, Uniform Allowances, and Appearance.

I. RADIATION MONITORING AND ABATEMENT:

1. In accordance with the TSA Occupational Safety and Health Manual, Chapter 27, TSA will

continue to routinely monitor radiation levels of all TSA-controlled equipment in use to

ensure the safety of bargaining unit employees. The Parties agree that testing, service, and

maintenance protocols must be maintained for all screening equipment, and the results

shared with the Union, at least annually. TSA will respond promptly to reports or evidence

of malfunctioning machines or increased radiation levels and undertake efforts to abate the

problem.

2. [Blank] The Parties did not reach agreement on this provision.

3. Bargaining unit employees wearing dosimeters at the direction of TSA will receive a copy

of their individual dosimeter results with the following statement “You may choose to share

these results with your local Union representative.”

4. [Blank] The Parties did not reach agreement on this provision.

J. GENERAL:

1. To the extent that an area is within the control of TSA management and consistent with

policies and procedures outlined in the TSA Occupational Safety and Health Manual,

Chapters 14 and 15, TSA will:

a. monitor indoor air quality to ensure safe, healthful air quality;

b. provide ergonomic equipment and facilities to bargaining unit employees as

appropriate;

c. monitor noise levels and coordinate with worksite authorities to facilitate corrective

actions to eliminate the hazard; and

d. address temperature extremes (e.g. cold and heat exposure).

2. [Blank] The Parties did not reach agreement on this provision.

3. TSA will make reasonable efforts to coordinate with worksite authorities to mitigate

bargaining unit employee exposure to infestations (bed bugs, roaches, etc.), insecticides,

construction, renovation, maintenance, and cleaning chemicals in areas under TSA control.

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