P R E S I D E N T' S R E P O R T
CONTRACTOR SAFETY AND YOU
Again we find
ourselves in the cross-hairs of a debate over contractors and what some
are claiming is a blatant disregard for compliance of company mandated
safety regulations. Contractor non-compliance issues are not everyday
occurrences, but they do happen more often than they should. I'll be the
first to admit that some hostility has been kindled by a perception that
contractors are exempt from Trentwood's rules. The consensus among a
majority of Steelworkers is that we are generally held to a higher
standard than contractors. Over time this appearance of partiality has
forged a rift between management and the bargaining unit. In retrospect,
I think it is fair to say that some of the friction can also be
attributed to a widespread misunderstanding of how State and Federal
Regulations mesh with company policy.
The Company is quick
to point out that as Kaiser employees we are required to follow the
rules and policies as a condition of continued employment. If we fail to
do so, we may be subject to discipline. In cases where management issues
discipline for an alleged violation of a rule or policy, the union
always has the right to challenge the allegation and subsequent
discipline. In those types of cases the seven principles of "Just
Cause" are argued by the union on behalf of the employee. Usually the
burden of proof falls on the Company where about 50% of discipline
cases are mitigated through the grievance procedure. At the end of the
day Kaiser alone has the ultimate responsibility of preventing accidents
and keeping its employees safe from work place hazards and unsafe
behavior. In most cases the Company's safety policies and rules are more
stringent than the state and federal guidelines where industrial workers
must also follow Department of Safety and Health (DOSH) mandates and the
Code of Federal Regulations (CFR) 1910.
In contrast,
contractors are not employees of Kaiser, and therefore not subject to
the same disciplinary procedures for their actions. Nonetheless,
Trentwood management adamantly declares that contractors must follow the
same basic rules and policies while on plant site. Contractors are also
regulated by the CFR 1926 which applies to the construction industry as
well as DOSH. If a contractor's employee violates any of Kaisers rules,
DOSH regulations, or the CFR 1926 the contractor/employer is obligated
to take corrective action with that employee. Most of us are aware of
contractor employees in the past who were escorted off the plant site
for committing serious safety violations.
Objectively speaking,
it comes down to who is watching whom and who is responsible for what.
In the case of contractors, designated Kaiser managers function as Owner
Reps. These Owner Reps act as a liaison between the contractor and
operations here at Trentwood. One of their primary responsibilities is
to ensure that the contractor is properly trained and understands the
rules before starting work. They are also tasked with enforcement by
making sure the contractor is complying with Company rules and policies
on a consistent basis.
For more than 65 years
Kaiser has utilized contractors to perform various types of work at
Trentwood and in the future that probably won't change. We will continue
to address contractor safety issues with the company, but our first
priority will always be the safety of our members.
Dan Wilson
President, Local 338
