230 Neb. Admin. Code, ch. 6, § 002

Current through September 17, 2024

Section 230-6-002 - Safety Committees

A. Employers subject to collective bargaining agreements.

On or before January 1, 1994, every public and private employer in Nebraska subject to workers' compensation who has one or more employees and is subject to collective bargaining obligations or is obligated to negotiate with employees who are in a bargaining unit shall have at least one safety committee. The establishment of such safety committee shall be accomplished through the collective bargaining process.

B. Employers not obligated to negotiate with a collective bargaining unit.

On or before January 1, 1994, every public and private employer in Nebraska subject to workers' compensation who has one or more employees not subject to collective bargaining obligations or is not obligated to negotiate with a collective bargaining unit shall establish at least one safety committee.

1. The name(s) of safety committee members shall be kept with and attached to the effective written injury prevention program.

2. There shall be an equal number of committee members representing the employer and the employees. The employer's representative may be a nonmanagement employee(s).

3. The employer shall retain full authority to manage the worksite(s).

4. Committee members shall meet at least once during each three months of operation or in a reasonable timely response to unresolved employee complaint(s), except as follows:

5. Safety Committees need not convene during any calendar quarters where there is 75% fewer hours worked than any calendar quarter in the previous twelve months but in no event shall there be less than two Safety Committee meetings in any calendar year.

6. Employers of ten or less employees that had no injuries or illnesses normally reported (Form 300 or First Report of Injury NWCC Form 1) or claims filed during the immediately preceding twelve months need only meet once during the following twelve months.

7. An employer shall compensate employee members of the safety committee at their regular hourly wage plus their regular benefits while the employees are attending committee meetings or otherwise engaged in committee activity. Compliance with state and federal wage and hour laws must be adhered to.

8. The safety committee shall maintain written minutes of all meetings for at least 3 years unless otherwise instructed by the Department.

C. Committee membership; purpose.

The purpose of the committee is to bring employees and employers together in a non-adversarial, cooperative effort to promote safety at each worksite. The committee(s) is not and shall not serve as a bargaining unit. There is no authority to act as such or deal with collective bargaining issues. The safety committee is limited to assisting the employer by making recommendations regarding methods of addressing safety and health hazards at each worksite. Recommendations to the employer shall be advisory only and not deal with issues subject to collective bargaining. For those members not representing the employer, the employer shall seek volunteers through a written notice directed to all employees, to match the number of the employer's representatives. Employee safety committee representatives shall be selected as follows:

1. Where none of the employer's employees are represented by an exclusive bargaining agent, employee members shall be comprised of volunteers. In the event that the number of volunteers shall exceed the number of available slots, employee members shall be selected at random from the volunteers. If there are not enough volunteers, employee member(s) shall be selected at random from the remainder of employees by the employer.

2. In the event that some, but not all of employer's employees are members of a collective bargaining unit or obligated to negotiate with a collective bargaining agent, establishment of such safety committee shall be accomplished through the collective bargaining process.

The names of such individuals shall be made available to all employees. Unless determined otherwise by collective bargaining, membership as an employee representative shall be made available to all employees at least once every two years. Employer representatives need not be rotated. If no new members are recruited, existing members may retain their committee membership. Terms may be staggered. It is an employee's right to seek to be an employee safety committee member and to otherwise participate in the selection process without being subject to penalties, discipline, employer interference, or reprisal of any kind.

D. Effective written injury prevention program.

Each employer shall present to the safety committee an effective injury prevention program which shall address all work sites and all classes of workers. Where workers are assigned to work sites covered by another existing injury prevention program, those workers may be covered under that program if it appropriately responds to the duties of the worker.

The program presented by the employer shall approach each category of workplace danger with the intention of totally preventing workplace injuries, if feasible. If total prevention is not feasible, the employer shall control the hazard as completely as is feasible. To the extent that potential exposure exists despite the designed controls, then the employer shall use safety and health rules, work practices, administrative controls, and personal protective equipment (PPE) to control that exposure.

The program shall include safety training addressing the following:

1. Initial safety orientation on rules, policies, and job-specific procedures for employees new to the work in a manner that is readily understood by each employee;

2. Job-specific training for employees before they perform potentially dangerous work; and

3. Periodic refresher training/dissemination of information on at least an annual basis for employees regarding the employer's injury prevention program, on safety rules, policies, and procedures.

The primary consideration that may determine a program to be effective is if it results in reduction or elimination of accidents. Further consideration will be effective preventative measures, documentation, and constant response to unexpected emergencies.

It shall be the duty of each safety committee to adopt and maintain an effective written injury prevention program. The committee may adopt the program presented to them by the employer or may develop its own. Review of that program must be made available to all employees upon request.

E. Accident review.

The safety committee may review all deaths and recordable injuries or illnesses (Form 300 or First Report of Injury NWCC Form 1). After such review, and when appropriate, the committee may make written recommendations regarding future prevention. Such safety committee reviews shall not supersede normal federal enforcement or insurance investigations that may take place.

Employers shall report any workplace deaths within 48 hours (OSHA requires 8-hour notification), 24 hours a day, 7 days a week, to the Department's Office of Safety and Labor Standards, (800) 627-3611; Omaha residents should call (402) 595-3185.

F. Record-keeping procedures.

Each employer shall retain up-to-date records of documents required by these regulations for each place of employment. The employer shall make such records available to the Department upon request, during normal work hours. The employer shall establish record- keeping procedures to control and maintain all accident and injury records (Form 300 or First Report of Injury NWCC Form 1) which employers shall retain for three years or longer if so advised by the Department. Those employers that are required by OSHA/MSHA to keep records of all work related deaths, any diagnosed occupational illnesses and any occupational injuries which involve loss of consciousness, restriction of work or motion, transfer to another job, or requires medical treatment beyond first aid shall make such records available to the safety committee and the Department upon request. The name(s) of the employee(s) shall not be made available unless agreed to by the employee(s).

G. Safety rules, policies and procedures.

The employer shall communicate to all employees, including non-English speaking employees, the employer's safety rules, policies, and procedures and any changes to such rules, policies, and procedures. A copy of any employer-implemented safety program shall be accessible to all employees and made available to the Department upon request. The employer's safety rules shall include both general work place safety and job site specific safety rules.

230 Neb. Admin. Code, ch. 6, § 002