OSHA will respond to the Union's concerns as soon as possible. May. In negotiations on Tuesday, the Union proposed that the Gas Company delay respirator fit testing until OSHA can render a decision regarding the Union's safety concern over the differences between the Company's current respirator program and the newly implemented OSHA required respirator program. The Company stated their position in negotiations on Tuesday that employees who are required to wear respirators will be clean shaven at the time of the fit testing or they will be regarded as insubordinate. Each case of insubordination is treated individually by the Company. Since discipline for insubordination is progressive, previous discipline for insubordination within the last five years determines the severity of punishment for each individual.
Insubordination can result in discipline from a two day layoff up to and including discharge.
Local 132 members should request a Shop Steward prior to any investigatory hearing for possible insubordination. The Local 132 Office should be notified immediately to initiate a protest hearing after any discipline. The Union and the Company previously agreed that Energy Techs who voluntarily submitted respirator questionnaires can refuse to be fit tested with respirators. ETs who refuse to be fit tested will not be insubordinate but will be waiving their rights to work in situations where respirators would be required. The Union proposed a voluntary system for respirator use by work location and classification since not all construction personnel will be in situations where respirators are required.