What’s new? January 18th the Subcommittee on Employee Relations of the Minnesota Legislature passed contracts and plans for employee groups in the Minnesota State university system. They also passed Memorandums of Understanding (MOU) pertaining to use of sick leave related to COVID-19 and to increase the amount the employer reimburses employees for safety footwear from $125 to $175. MGEC believes the MOU is unnecessary and places arbitrary limitations on the amount reimbursed to the employees. We didn’t agree to it and the employer continues to limit reimbursement to $125 for MGEC. We believe current state law as well as the MGEC contract require the employer to pay the cost (the full cost) of safety footwear. We communicated to Minnesota Management and Budget that expectation. Their opinion differs but no explanation has been given with regard to MN law or the contract.
Minnesota Law
MS 182.655 Subd. 10a. Protective equipment; monitoring exposure levels; medical exams.
Where appropriate, standards shall prescribe suitable protective equipment, if feasible engineering and administrative methods of protection alone do not provide adequate protection, and this equipment shall be made available by and at the cost of the employer. The standards shall also provide for monitoring or measuring employee exposure at the locations and intervals and in the manner as may be necessary and appropriate for the protection of employees. Where appropriate, a standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available by the employer, or at the employer’s cost, to employees exposed to hazards in order to most effectively determine whether the health of those employees is adversely affected by the exposure. The results of these examinations or tests shall be furnished only to the commissioner, the employee’s physician, at the request of the employee, and the employer with notice to the employee.
MGEC Contract states that the employer shall provide required safety equipment. When it came to safety boots, in the past the employer limited reimbursement to $125.00. This was never bargained with MGEC. Instead, MMB unilaterally implemented a policy with a limitation of $125 every twenty-four months. As part of the current bargaining process, MGEC gave notice to the employer that this “past practice” is no longer acceptable. When this happens, the parties revert to current contract language. MGEC contract language:
ARTICLE 16 – JOB SAFETY
Section 1. General. It shall be the policy of the Agency to provide for the safety of its employees by providing safe working conditions, safe work areas, and safe work methods. The employees shall have the responsibility to use all provided safety equipment and procedures in their daily work and shall cooperate in all safety and accident prevention programs.
Section 2. Employee Safety.
A. All unsafe equipment or job conditions shall be brought to the attention of the immediate supervisor, or in their absence, the local safety officer. Should the unsafe condition not be corrected within a reasonable time, the equipment or job practice shall be brought to the attention of the Agency’s Safety Committee.
B. Any protective equipment or clothing shall be provided and maintained by the Agency whenever such equipment is required as a condition of employment either by the Agency, by OSHA, or by the Federal Mine Safety and Health Administration.
The employer has proposed that employees be reimburse $175 every twenty-four months. We disagree with such an arbitrary notion. We encourage employees, when needing safety equipment, to ask the employer to provide it at no cost to the employee. If the employer chooses to have the employee purchase the equipment and seek reimbursement, we suggest the employee obtain clear expectations what safety features are required and what life expectancy is desired. While the life span of the equipment can’t be guaranteed, it may be a factor of the quality of the equipment purchased.
Minnesota Occupational Safety and Health Administration (OSHA)
Many Occupational Safety and Health Administration (OSHA) standards require employers to provide personal protective equipment, when it is necessary to protect employees from job-related injuries, illnesses, and fatalities. With few exceptions, OSHA requires employers to pay for personal protective equipment when it is used to comply with OSHA standards. These typically include hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, face shields, chemical protective equipment and fall protection equipment. https://www.osha.gov/personal-protective-equipment/payments
MGEC encourages employees needing safety equipment, including safety footwear, to communicate that need to their supervisor. In the case of safety boots, be sure you know what safety features are required for the job at hand and the fit needed for your feet. Confirm that they expect you to make the purchase, as compared to them “providing “them. Ask about quality and durability. If unable to get the equipment you need within parameters provided to you (for example – if they limit the cost of a safety boot), convey that issue to the supervisor. If the employer wants to limit reimbursement to $125, let them know if that possible or not. If the boots won’t last, share that. We know your supervisor understand the issue but negotiators for MMB contend there is no problem. If there is, we need to make them aware of it. If you buy boots as authorized by the employer but are not reimbursed the full amount, please provide the details of any costs not reimbursed to MGEC so that we may work on the issue further.