UNR Faculty Senate Meeting February 17, 2011 Consent Agenda Item #2a UAM Revision 2,235 – Overtime Policy RATIONALE FOR CHANGE: Minor revisions were needed to address the issue of full time employees working part time in another department. Classified Overtime Policy 2,235 Revised: December 2008 February 2011 The state personnel rules govern the payment of overtime for all classified employees. All overtime work must be authorized in advance, of the work by the supervisor. Only overtime work that relates to a bonafide business reason and that is required to be completed under a deadline may be approved in advance at the supervisor’s discretion. In order to comply with provisions of the state personnel rules, the following will be observed: 1. The University “workweek” is a calendar week, running from 12:00 a.m. Sunday to 11:59 p.m. Saturday. 2. Time and one-half pay or compensatory time must be granted to all employees who work over 40 hours in a workweek or who work over eight hours in a calendar day. For those employees who choose and are approved for a variable workweek, in which case, overtime will be considered only after working 40 hours in one week. Variable workweek agreements must be in writing, and must be agreed upon in advance of the work performed, and approved by the appointing authority. The federal Fair Labor Standards Act requires that time worked in excess of 40 hours in a week or 8 hours in a working day according to NAC 284.113 shall either be paid or granted compensatory time off at the rate of time and one-half of the employee’s normal rate of pay. Compensatory time off may be offered in lieu of paid overtime when it is mutually agreed upon in writing by both the employee and the supervisor. These agreements must be in writing and always in advance of the work performed. In order to protect employees from excessive work schedules and to limit an employer’s cost liabilities, state policies dictate that overtime must be kept to an absolute a minimum. To regulate these activities, the state places restrictions on overtime hours. Paid overtime in excess of 120 hours per calendar year must be reviewed by the appointing authority (typically a dean or equivalent administrator) to determine if there is a workload problem. If the overtime occurs frequently, repetitively, or is the result of an extended increase in workload, prior approval of the respective vice president is required. Special Rules for Multiple Jobs/Dual Employment: Classified employees are permitted to work in two positions in one department, or different departments. When such multiple job or dual employment situations occur, the immediate supervisor(s) and/or appointing authority(s) must exercise special oversight and the necessary coordination. Coordination between departments is necessary, to ensure that compliance with the payment for overtime requirements of with federal and state are followed strictly law pertaining to overtime payment. The An employee who works under this policy in multiple jobs or a dual employment situation must inform in writing the supervisors of each job and the BCN Human Resources Office. Pursuant to NAC 284.248, a classified employee who works in two positions in one department or different departments must work or be in paid status in excess of 8 hours per day or 40 hours per week in combined work time in both positions to receive compensation for overtime. An appointing authority shall consider an employee’s employment with another department when considering his agency’s liability for compensation for overtime. When a classified employee works in multiple jobs within a single department, or in dual jobs in more than one department, in excess of either eight hours in a day or in excess of 40 hours in a work week, that employee must be paid overtime in compliance with federal and state law. The overtime payment must be calculated based on: An employee who qualifies for overtime compensation pursuant to the previous paragraph must be paid: 1. At the highest rate of pay of the two positions, the higher hourly rate of the two positions; or, 2. If the employee and the appointing authority have agreed in writing before the performance of the work requiring overtime at the rate for of pay of the position for which the work is performed. An exception to the requirement for overtime payment under this section exists if: 1.the additional work assignment is under a different appointing authority than the primary assignment, and; 1. 2. 3. 4. 1An the employee engages in the additional work at his/her options1, and; the additional work is part-time, and; the additional work is performed occasionally or sporadically2, and; the additional work is in a capacity different from the employee’s regular employment3. employee is deemed to be working at his/her “option” when the employee has made the decision freely, without coercion by the employer, either implicitly or explicitly. The employee must be free to refuse to perform the work without fear of sanctions and without being required to explain or justify the decision. 2“Occasional or sporadic” means infrequent, irregular, or occurring in scattered instances. 03Must not fall within the same general occupational category. UNR Faculty Senate Meeting February 17, 2011 Consent Agenda Item #2b UAM Revision 2,573 – University Policy on NSF Two Months Salary Limitation RATIONALE FOR CHANGE: Language was needed to address UNR’s compliance with NSF’s regulations concerning Senior Project Personnel Salaries and Wages. University Policy on NSF Two Months Salary Limitation 2,573 Revised: February 2011 It is the policy of the University of Nevada, Reno (UNR) to comply with the National Science Foundation’s (NSF) regulations concerning Senior Project Personnel Salaries & Wages. This includes the regulation commonly known as the NSF Two Months Rule. Without written NSF approval, any salary paid to UNR employees who are listed as Senior Project Personnel where the total salary paid is greater than two months of the employee’s base salary is considered to have exceeded the two months rule. The excessive salary will be considered unallowable and must be repaid to NSF by transferring the charges to a non-sponsored institutional account. For additional detail refer to: http://www.unr.edu/ospa/website4/content/documents/Policies/UNR_Policy_NSF_2_Months_4_8_10.pdf UNR Faculty Senate Meeting February 17, 2011 Consent Agenda Item #2c UAM Revision 5,500 – University of Nevada, Reno Safety Policy 5,501 – Occupational Safety and Health Act (OSHA) 5,502 – Unsafe Conditions or Activities 5,503 – Infection Control Plan 5,504 – UNR Safety Committee Policy Process 6,508 – Laboratory Closeout/Transfer Policy 6,509 – Laboratory Closeout/Transfer Procedures RATIONALE FOR CHANGE: Minor revisions were made to clarify policies dealing with Environmental Health &Safety. Federal and state laws/policies relating to EH&S will be linked from the UAM section to the EH&S website. University of Nevada, Reno Safety Policy 5,500 Revised: February 2011 It is a policy of the University of Nevada, Reno to ensure safe and healthy learning, research, work, entertainment, and student living environments for faculty, staff, students and visitors. Protection of the environment, responsible resource utilization, security of university assets, and full regulatory accountability are inherent elements of this policy. The University Safety Policy enables adoption of specific topical policies which are recommended by the Environmental Health and Safety (EH&S) Department and/or university safety committees. Administrative Responsibilities: Final responsibility for maintenance of campus environmental, safety and health standards rests with the President. The President has delegated to each dean, director, chairperson, and supervisor the responsibility for ensuring safe conditions and behaviors within their respective units. Supervisors must ensure that employees and students are aware of hazardous products, operation, or situations and that they understand how to avoid or limit risks. High levels of safety awareness and positive safety attitudes developed by supervisors lead to positive safety behaviors among staff and students even when specific rules are not established. Supervisors are expected and encouraged to request information and assistance from EH&S when necessary. All faculty, staff and students must be vigilant in order to avoid unsafe acts which could jeopardize their own health and safety, or which could put others at risk. Everyone is expected to learn and follow approved standards, processes and procedures which apply to their activities, and to check with their supervisors when they have any concerns regarding potential hazards or individuals’ obligations to protect the environment. Environmental Health and Safety Department: Through the Vice President for Research, the President has delegated to the Director of EH&S the responsibility and authority for assuring overall compliance with university environmental health and safety standards, UNR policies developed by the safety committees, UNR safety documents and applicable safety regulations. The full-time professional EH&S staff is qualified and authorized to assess, monitor and manage all areas of safety . EH&S staff shall remain current on regulatory requirements and on the latest professional practices which can be applied to effectively achieve compliance. EH&S manages radioactive materials and hazardous waste chemicals. It also assists with management of biological hazards, conducts industrial hygiene projects, audits compliance with work place safety requirements, supports multiple aspects of laboratory safety and emergency preparedness, and provides various forms of safety education and training to staff and students. Overall, the department helps to develop, communicate and uphold high university safety standards which, in the process, will also meet regulatory requirements. The following policies have been developed to address specific safety topics and are approved university environmental health and safety standards: Laboratory Closeout Policy: http://www.ehs.unr.edu/Documents/LaboratoryCloseoutPolicy.pdf Occupational Safety and Health Act (OSHA) 5,501 Revised: February 2011 The Occupational Safety and Health Act (OSHA) of 1970 prescribes certain regulations regarding occupational safety and health including the reporting and recording of industrial accidents and illnesses. The purpose of the act is to require employers to provide a safe and healthful place to work. All unsafe acts and unsafe conditions must be reported to Environmental Health and Safety (EH&S) so that the situation can be addressed. Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of three or more employees must be reported by the employer orally or in writing to the nearest Department of Industrial Relations, Division of Occupational Safety and Health, within eight hours after the accident has occurred. The Director of EH&S is responsible for coordinating occupational safety and health programs, monitoring compliance with OSHA standards, and coordinating on-site OSHA compliance inspections. In the event of an inspection by the Division of Occupational Safety and Health, the department must notify the Director of EH&S immediately. The University has established Safety Committees (Section 5,404) which serve as an advisory body to the President and reports to the Executive Vice President & Provost and the Vice President for Research. Unsafe Conditions or Activities 5,502 Revised: February 2011 Anyone wishing to report an unsafe condition or activity found on the university premises may do so by contacting EH&S or a member of the occupational safety committee. If written correspondence is submitted with a name and a university address, a written response will be provided. Intra-departmental situations should be initially addressed to the department head, however, initial contact may be made directly to EH&S at Mail Stop 0328 or by calling 327-5040. UNR Safety Committee Policy Process 5,504 Revised: February 2011 The UNR safety committees promote a safe campus environment by developing specific policies and procedures that reduce the risks of a safety, health, and/or environmental incident to the University of Nevada, Reno. UNR safety committees administered by EH&S: Emergency Planning Advisory Committee (EPAC) Institutional Biosafety Committee (IBC) Laboratory Safety Committee (LSC) Occupational Safety Committee (OSC) Radiation Safety/Laser Safety Committee (RSC) Policy Approval Process: All draft policies, except for policies drafted by the Radiation Safety/Laser Safety/Accelerator and X-Ray Safety Committees, are written by the individual committees and submitted to the Director of EH&S for tracking and document control. Policy topics which overlap the purview or interests of multiple committees should be reviewed by all applicable committees before submittal to higher administration. Policies will be forwarded to the Academic Leadership Council (ALC) and the Vice President for Research (VPR) for review. Any policy affecting administration and finance will also be forwarded to the Vice President of Administration and Finance (VPAF). Comments will be remanded to the originating safety committee for consideration. Finalized policies will be inserted into the UAM through a hyperlink under Section 5,500, “University of Nevada, Reno Safety Policy”, indicating their approval as university environmental health and safety standards.