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a) TRLIS, que atribuye la consideración de gastos no deducibles a los que representen una

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CAPÍTULO 4: EXPOSICIÓN Y CRÍTICA DE UN CASO RESUELTO POR LA AT Y LOS TRIBUNALES: CASO «DORNA SPORTS»

14.1. a) TRLIS, que atribuye la consideración de gastos no deducibles a los que representen una

occupational health and safety and shall continue to enhance safety measures.

The Employer shall make reasonable provisions for the health and safety of employee(s), including Employee health and safety education during their hours of employment. The Employer and the Union shall co-operate to the fullest extent possible toward the prevention of accidents and in reasonable promotion of safety and health.

61.02 An Occupational Health and Safety Committee as provided for under the Occupational Health and Safety Act, or as such Act may be amended from time to time, shall be implemented.

On agreement of the parties, in addition to a site based Occupational Health and Safety Committee a region-wide Occupational Health and Safety Committee shall be implemented.

(a) Employees(s) required to attend region-wide committee meeting(s) shall be released from duty without loss of pay for travel and meeting time and reimbursed for kilometres travelled from her Facility/Agency as per Article 13.01(a). (b) If the Employee is not on duty she shall be reimbursed at

regular pay for travel and meeting time, or may bank as time in lieu, and will be paid for kilometres travelled as per Article 13.01 (a). Such time shall not contribute to overtime.

61.03 An Employee or a group of Employees who have a health or safety concern shall endeavour to resolve that concern by first referring the concern to the immediate supervisor or officer responsible for safety.

61.04 (a) Any time lost as a result of:

• immunization required by the Employer or; • quarantine or;

• being prohibited from working by the Employer as a result of exposure to an infectious disease as a result of her employment,

shall not result in loss of pay or reduction of the Employee's sick leave credits.

The Employer agrees to provide immunizations as required for Health Care workers in accordance with the Canadian

Immunization Guide and the Centre for Disease Control.

(b) Influenza Vaccine

The parties agree that influenza vaccinations may be beneficial for patients and Employees. Upon a

recommendation pertaining to a facility or a specifically designated area(s) thereof from the Medical Health Officer or in compliance with applicable provincial legislation, the following rules shall apply:

1) Employees shall, subject to the following, be required to be vaccinated for influenza.

2) If the full cost of such immunization is not covered by some other source, the Employer shall pay the full or incremental cost for the vaccine and will endeavour to offer vaccinations during the Employee’s working hours. In addition, Employees will be provided with information, including risks and side effects, regarding the vaccine.

3) Employers recognize that Employees have the right to refuse any required immunization.

4) If an Employee refuses to take the vaccine required under this provision, in the event of an outbreak in the facility, the Employee shall be placed on unpaid leave of absence. The Employee has the option of taking antiviral drugs and returning to work when cleared or not taking the antiviral drugs and being reassigned by the Employer where practicable. If an Employee is placed on unpaid leave, she may use vacation credits or banked time in lieu of overtime as per Article 8.03 and 15.01 in order to maintain her income. 5) If an Employee refuses to take the vaccine because it is

medically contra- indicated, and where a medical certificate is provided to this effect, she will be reassigned during the outbreak period, unless reassignment is not possible, in which

impact the scheduled hours of other Employees. Any time lost shall not result in loss of the Employee's sick leave credits. 6) If an Employee gets sick as a result of the vaccination, and applies for Workers’ Compensation Benefits, the Employer will not oppose the claim.

7) Notwithstanding the above, the Employer may offer the vaccine on a voluntary basis to Employees free of charge. This clause shall be interpreted in a manner consistent with the Saskatchewan Human Rights Code.

61.05 The Employer acknowledges that Employees may be at risk of violence and injury by clients while carrying out their duties. In order to

alleviate workplace violence the Employer shall provide training appropriate to the work area that would enable Employees to recognize and respond to potentially violent or abusive incidents. Payment for participating in such training shall be in accordance with Article 42.02 (a).

An Employee who has reasonable grounds to believe she may be physically endangered when attending a client shall not be required to attend that client. When an incident demonstrates that client's behaviour may constitute a risk to the safety of another client or staff member, a meeting shall be convened within twenty-four (24) hours, or as soon as possible thereafter, to consider and implement alternative options for care delivery to ensure the safety of the Employee(s) and other client(s).

61.06 Critical Incident Stress Management

The Union and the Employer endorse the concept of Critical Incident Stress Management and encourage Employers to develop such policies and procedures.

61.07 The Employer agrees to implement policies and procedures that comply with "Universal Precautions".

61.08 In addition to the Occupational Health and Safety Act, the Employer shall ensure mechanisms are in place for the safety of Employees working alone or at isolated places or whose employment requires travel away from the Health Care facilities or other headquarters.

(a) The Employer shall provide an effective communication system, including but not limited to one or more of the following:

• direct communication (eg. Cell phones, fleet net, radios) • calling cards

• reimbursement for business related calls on personal phones

(b) The Employer shall issue emergency supplies to Employees required to travel in winter conditions.

61.09 Protective clothing (and laundering of same) and equipment required by the Occupational Health and Safety Regulations shall be provided at no cost to the Employee.

61.10 Insofar as possible, the Employer shall provide for the secure storage of clothing and personal effects for Employees who change clothing at work.

61.11 The Employer will ensure the adoption of safe rules and practices regarding products containing any new chemical or biological substance, prior to the introduction into the workplace and in accordance with Occupational Health and Safety Regulations.

61.12 The Employer shall provide parking near the facility for Employees when called back to work during standby duty.

ARTICLE 62 – EMPLOYEE WELLNESS

62.01 The Union and Employer endorse the concept of Employee wellness programs and encourage Employees to participate in programs to enhance their well-being and facilitate a healthy lifestyle.

The Employer shall provide access to designated in-house exercise facilities. Where in-house facilities are unable to be accessed, the Employer will identify fitness programs in the community and pursue corporate rates for Employees.

The Employer will endeavour to provide a wide range of health and lifestyle educational opportunities such as weight control, nutrition and smoking cessation for Employees who choose to attend.

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