Re; Truck Maintenance and Safety and Heavy Lifting

This will confirm the Agreement of the Parties during the 2002 Negotiations regarding the above matters.

TRUCK MAINTENANCE AND SAFETY

It is to the mutual advantage of both the Employer and the Employee that employees should not operate vehicles which are not in safe operating condition and not equipped with the safety appliances required by law. The maintenance of equipment in a sound operating condition is not only a function, but a responsibility of Management, and in respect thereto the Employer agrees to the following:

1. The Employer shall not require employees to take out on the streets or highways any vehicle that is not in safe operating condition or equipped with the safety appliances or stickers prescribed by law. It shall not be a violation of this Agreement where employees refuse to operate such equipment. Employees who knowingly operate such unsafe equipment may be liable to disciplinary action.
   
   
2. All trucks owned or leased by the employer must have steps or other similar devices to enable drivers to get in and out of the body for safety purposes and shall also be fitted with safety belts. Failure of employees to use the safety belts may result in disciplinary action.
   
   
3. It is agreed between the Employer and the Union, having regard for the safety and driver health factor, that all units shall have heaters, windshield wipers and defrosters installed.
   
   
4. No drivers shall be asked or required to service or maintain trucks or equipment. This shall not apply to changing of flat tires when away from the Plant.
   
   
5. It is mutually agreed that a form shall be supplied to the driver on which to report defects in equipment with sufficient copies so that the driver may retain a copy, and so that the head office of the Employer will have a copy of this report on file.
   
   When a driver reports a defect in equipment, he must tag or mark the vehicle involved in such a manner so that any other employee will notice the defective equipment. It shall be the Employer’s responsibility to supply such tags or other marking devices. This tag is to be left on the vehicle in order to show the work has been completed and shall be removed by the outgoing driver.
   
   
6. The Employer shall not compel any driver to operate a vehicle in excess of the legal load limits. If a driver is stopped by the Police or at any scales, and is fined, the Employer shall pay such fines. In addition thereto, if a driver is stopped by the Police or held up at the scales, due to overloading or any other reason involving the equipment and that driver is working on other than an hourly rate, he shall be paid for all such time on the basis of the working time rate of pay. Except when the overload is due to the employee’s negligence.
   
   
7. If a driver is charged improperly for a violation of traffic laws while working, and is found not guilty in Court, the Employer shall pay that employee’s loss of wages. However, if the employee is found guilty, he shall not be entitled to wages lost.
   
   
8. No driver shall be permitted to allow other than employees of the Company who are on duty to ride in his truck or vehicle, except with authorization of the Company, or in the event of a bona fide emergency.

HEAVY LIFTING

Whenever any Plant employee or vending driver or whomsoever is required to lift any item or machinery or equipment weighing over 105 pounds, he shall be given assistance.


FOR THE COMPANY                                   FOR THE UNION