Know your rights
A safe and healthy workplace
Jun 5, 2008 1:49 PM
From the air you breathe in your school to whether there are a sufficient number of bathrooms and cleared pathways to fire exits, you have a right to a safe and healthy work environment.
Does your building have safe levels of noise and light? Adequate heating and ventilation? Is it clean? The Department of Education has a responsibility to provide these and other healthy workplace conditions under Article 10E of the UFT contract.
Your right to a safe and healthy environment is also protected under federal Occupational Safety and Health Administration (OSHA) regulations, which are enforced by the New York State Department of Labor’s Public Employees Safety and Health Bureau. These regulations require the DOE to provide a place of employment that is free from recognized hazards that are causing or are likely to cause serious physical harm to employees.
Report any such hazards to your chapter leader. The DOE is responsible for eliminating them.
UFT industrial hygienists documented complaints of dampness and mold in several transportable classrooms at PS 96 in the Bronx. The dampness, which was mostly in the bathrooms, was caused by water dripping from the toilets or valves. DOE personnel are addressing these conditions by repairing leaks and removing and replacing water-damaged sheetrock.
Potential air quality contaminants
Mold
If you’re sitting in a classroom where the ceiling has visible water stains or damage, these could be signs of the presence of mold behind the surface. A room that has been flooded or has a musty odor may also indicate the presence of mold.
Mold can be a health risk to people allergic to molds, people with asthma, and people who are immune-compromised. Asthma can develop from unsanitary and damp conditions. Students have a right to seek placement away from affected areas.
Mold situations in buildings require the elimination of water infiltration and damp conditions and the removal and replacement of water-damaged building materials such as sheetrock walls.
Asbestos, PCBs and lead
If your school was built before 1980 it is likely to contain asbestos, lead and PCBs. The DOE is required to abide by health and safety regulations governing each of these potential contaminants. School construction work — when the potential for releasing these contaminants into the air is greatest — must be performed in compliance with these regulations.
The DOE is required to inspect the asbestos and to keep a record of what materials in your building have it and where they are located. The federal Asbestos Hazard Emergency Response Act (AHERA) requires the DOE to develop a plan for managing and addressing building materials that contain asbestos. You have a right to view the AHERA plan for your school in the principal’s or custodian’s office.
Earlier this year, the union took action in response to test results showing elevated levels of PCBs in exterior window caulking in certain schools. To minimize exposure it is important to maintain the caulking in good condition and to remove caulk when it is in poor condition. The most important precaution is to avoid disturbing caulk during renovation and demolition of the exterior facade and windows. In addition, it is important to limit contact with the caulk and surrounding areas.
Lead paint, which can be found in about eight out of 10 schools, poses a problem only when it is disturbed or deteriorating. You can help by reporting any peeling paint or plaster to your chapter leader. Never scrape, sand or attempt to remove paint yourself as this may generate lead dust, creating a problem where none had previously existed.
The ceiling tile at a Manhattan school is water-damaged and moldy. When this happens, the source of water must be identified and eliminated, and the ceiling tile — made of a porous material — must be removed and replaced.
Overcrowding
Putting too many people in a classroom or carving classrooms out of spaces not intended for that purpose may be unsafe, not to mention less conducive to teaching and learning. Last year, for instance, the union stopped a school from converting a closet into a resource room. The 8 ft. x 4 ft. storage closet was located on the landing of a stairwell and when the door was left open, it blocked a fire exit, creating a fire hazard.
Access to toilet facilities
The OSHA sanitation standard requires employers to provide a sufficient number of toilet facilities so their employees have timely access.
A teacher should not have to walk down three or four flights of stairs to get to a bathroom. Staff should never use student bathrooms.
The OSHA standard requires a sufficient number of bathrooms for male and female employees. For example, if a school has 90 female staff and 25 male staff members, there must be at least five bathrooms for the women and two for the men. Bathrooms must have hot, cold or tepid running water, hand soap or the equivalent, and hand towels, blowers or the equivalent.
How can the UFT Safety and Health Department benefit you?
The union’s Safety and Health Department assists school staff with school building and/or environmental issues. It helps set up workplace safety committees and offers training workshops on environmental issues.
A UFT Safety and Health Representative is available in each of the union’s five borough offices to respond to complaints, conduct inspections and address emergency conditions in the buildings in the borough. You can contact them at the following numbers:
- Bronx:1-718-379-6200
- Brooklyn:1-718-852-4900
- Manhattan:1-212-598-6800
- Queens:1-718-275-4400
- Staten Island:1-718-605-1400
In the event of an emergency, please call 1-212-701-9407.
For more detailed information about your rights to a safe and healthy environment, please click Environmental Health and Safety under Resources for UFT Members on the UFT Web site’s home page.
