Document 6RnBzyknwvd1JegVk6LmzMQ8d

10 DR. L. Ho BALLOU MEDICAL DEPARTMENT INTEROFFICE date NOVEMBER 1, 1978 FROM R. Y,, VELIE ^ RECEIVED NOV Z 1978 DR- L H. BALLOU subject SHELL OIL SURVEY - UNBORN CHILD" We enclose of captioned survey, and also copy of our compl^ie^lquestionnalre of 8/4/78. EMPLOYEE BENEFITS DEPARTMENT RW:rc Enel. sma a BFS 00583? MISS MARTHA 1IELS0IT CORPORATE PERSOIIHEL HOVEMBER 1, 1978 R. V* VELIE SHELL .OIL SURVEY - "PROTECTION CErTI OW CHILD" Wo enclose copy o^34ptiAnfe^survey, and also copy of our completed questiomjMjre of 8A/78. EMPLOYEE BENEFITS DEPARTMENT KVYtrc End r BFS 005838 SUGARY OF SURVEY RESULTS PROTECT I Oil OF THE UNBORN CHILD 1(a) JJ'/jl-s your company have a policy regarding the female employee working around chemical subs can ces which affect c;i]v the unborn child? Of the 32 companies surveyed, 23 responded. Nine of the respondents Iwve either a formal policy (7) or an established practice (2). Among the fourteen respondents with no formal policy or practice, four firms provided some useful information representing^ffifiS-imnary views on certain aspects of the survey^ f-S^e^t?achi\ViTC\\r a synopsis of this information.) - 1(b) bc-'S this policy prolnbi.t females of child bearing capability from t/;osure to these substances? Six respondents with a policy or practice answered "yes" to this <j'^:stion. Five of these respondents listed substances considered hazardous to the fetus above certain exposure limits. Those substances listed were as follows: Lead (three respondents) Vinyl Chloride (three respondents) Hexachlorobenzene Mercury EDTA Chloroform Bromoform Herachlordibenz-para-Dioxin Acryiontirile Dime thylacetamide Dimethylformamide Formamide Ethylenethiourea Heraflouroaletone 1(c) b- - i this policy prohibit pregnant employees from exposure to substances - other females of child bearing capability may be exposed to? Three respondents with a policy or practice answered "yes" to this Vision. One of these respondents listed the substances to which this V-. applied Lead Polychlorinated Biphenyls benzene Nickel Compounds Mercury Chromium Compounds 1(d) bw s this policy apply equally to maintenance and operating employees? All nine companies answered "yes". 2 '1 i -_z_ evidence do voti require for a female to prove her "non-cap,lhilitv child bearing? Two of the respondents require nothing more than the applicant or `'Wj'.v/ee's verbal assurance of non-capability. Other companies require **'- :or.ce of non-capability in the form of documented medical history or --an! scar. ^CPVED GCT3HS70 R. V. VELIE BFS 005S39 2 3 Wtint evidence do you require for a female t.o prove that fillc ir. not pregnant? All three respondents require nothing more than notification of the Company by the employee as soon as she suspects that she is pregnant. A Which of Lhc following applies to employees removed from jobs under 1(b) and 1(c) above? Of the seven companies that have removed women from jobs, two guarantee a non-hazardous job with maintenance of seniority and benefits. One of these companies does not necessarifymrurAtain pay but the other company maintains pay unless prevented on tract. The other five companies^reSSsagn acromion-hazardous job if available with all maintaining <Q^rfBi tyjty iftid bene fi ts . All five enmonnies grant a leave of^6S^wic<fi ^f)) &~job is not available. Three of these companies provide'Ap^/M'A to 6 weeks) for part of the leave of absence (same as regular maternity absence). 5 Does your policy give employees the choice of working in job's? that could expose their unborn children to hazardous substances? One of the respondents has such a policy. 6 If an employee chooses to discontinue working in a job under (5) above, which of the following applies: (a) Guarantee non-hazardous job (b) Reassign to non-hazardous job if available (c) heave of absence (d) Termination? Respondent will assign to non-hazardous job with maintenance of seniority and benefits but with pay depending upon the job. If job not available then leave of absence is granted with maintenance of seniority and benefits but without pay except for the four weeks of disability pay normally provided for maternity absences. 7 Does your Company's policy on disability absences inelude abscnces for maternity reasons? 8 If the answer lo "7" is no how are these absences hand ltd? Of the nine respondents with a formal policy or practice on protecting the unborn child, six provide some disability benefits (sick pay). The other three respondents provide a leave of absence without pay. 9 How are absences for protection of unborn children handled versus maternity absences fur normal child bearing? All respondents reported that absences for protection of unborn children are handled the same as normal maternity absences. 10 Dxplain your handling of the following situation. A pregnant employee's iier.sunnl physician, out of concern for the unborn child,__recommends that the oi.m loyoo lie removed f run a job that you consider to be safe for employee and unborn child. RECEIVED GCTH'l^O r. weue BF5 005S40 3 Five of the respondents indicated that the Company physician or corporate medical department must agree with the employee's personal physician before the employee is removed from the job. Three of the respondents indicated that the personal physician's recommendation would be followed even if the Company phvs^a^m or medical department does not agree. Tj) Having made the decision tip 'itemO0)qke employee from the job, all eight respondents woulc|jHMa(@le Dtye osituat ion the same as those situations where the Cor.yjamr tfniW^rt^piOthe action to remove the employee from the job. (see h'u. VfSnAtlfe preceding page.) 11 Kxplain your handling of the following situation. A pregnant employee's personal physician, out of concern for employee, recommends 11iat the employee be removed from a job bgcausc of the physical requirements and/or other chemical agents connected with job. After consideration, the Company agrees with the physician. How would you handle pay, seniority, etc.? All respondents handle this situation the same as the situation described in "10" above. 12 Who counsels employees about your Company's policy or practices? Responses to this question varied considerably with no prevailing pattern. Generlly the counseling is handled by local employee relations professionals, local company medical personnel, the employee's supervisor or some combination thereof. 13 Are employees required to sign an acknowledgement of having been counseled? Of the nine respondents with a policy or practice, three answered in the affirmative and six answered in the negative. 14 dxplaiu how vou handle temporary assignments? All nine respondents stated that their policics/practices permanent job assignments also apply to temporary assignments. 15 Has an involved union responded to your policy? 16 Has the union grieved or protested apolication of your policy? 17 If the answer to 16 is yes, how was the matter resolved? OCT 31 W ft. V. VEUE Of the nine respondents with a policy or practice only two reported any union involvement. One respondent reported that at two of its unionized plants, there are contractual provisions covering the transfer of employees to different jobs for medical reasons. And this same company reported a well established practice for such transfers at a third unionized plant where there is no special contractual language covering the subject. The jobs to which persons would he reassigned at these plants could be lower rated than the former job. The other respondent reported a grievance and subsequent arbitration case in which the Company's position was upheld. The Union alleged that the Company violated the labor agreement's anti-discrimination clause when it prohibited a fertile female employee from taking a job that would expose the ictus to a hazardous substance. The arbitrator ruled that the enlorce' ment of reasonable safety rules was management's right and did not violate <V) BFS 005S41 the anti-discrimination provision of the labor agreement. The arbitrator pointed out that it was outside his jurisdiction to determine whether the Company's action violated anti-discrimination laws. Have any of your employees filed discrimination charp.es? Please explain the outcome of the charge. Of the nine respondents with a policy or practice, two reported activity in this area. One of these companies reported the filing of a charge by one of several fertile female emrr^^jfc^s'^wtoo were reassigned to other jobs from an opera L iiig^ iimt \>tere Wuld be exposed to a hazardous substance. tpigotlre charge the local EEOC office advised the one year ago that the charge had been referred to the Washington, D. C. office for further handling. The company has heard nothing further from the EEOC. The second company reporting a charge declined to provide detailed information about the charge which is still pending. Does your Company have a policy regarding mutagenic substances? Of the nine respondents with a policy or practice only one responded in the affirmative to this question. c> CCT 31 V;' r. v. vaie BFS 005S4 Attachment I FOUR RESRO'IUKN'TS1 RRRLIMIRARY VIEWS I'rotV.ctto;; ok knror:; ~c!;ii.r> As stated in the "Summary of Survey Results" four of the fourteen respondents witli no formal policy or practice provided some preliminary views on certain aspects of the survey. Three of these companies would prohibit f eraa-itf^G^^Jild bearing capability from jobs that would expose the fctu^r'So ttftrqjigsgenic or fetotoxic. substances. One of these companies vajuItK ^so pr^hibrt pregnant females from working around certain suhs^rutf^sN fFf&Cither fertile women would be allowed to work, around. These skmstsajaces would be ones about which existing medical research is inconclusiv^as to the teratogenic and/or fetotoxic effect. The fourth company would remove pregnant females from certain but not prohibit fertile females from working certain jobs. Concerning the handling of situations where employees are removed from jobs, three of the companies would reassign to non-ha;;ardous jobs if available. If such jobs were not available, two of the companies would place employees on a leave of absence with some full pay while the third company would grant a leave of absence entirely without pay. .RECEIVED CCT 31 1970 R. V. VELIE BFS &05S43 August 4, 1973 yy Hr. V/. 3u'cer, Manager Policy and Benefits Personnel Department Sholl Oil Company One Shall Plaza P. 0. Box 2463 Houston, Texas 77C01 Dear Mr. Bui:or: Your letter 0? July 17 th host 0 SJf V red to my attention. we are pleased t0,-shipieic-u ouectijunoirvi, a.od of 8/2/73 nemo questions vlp 1.6 and 17. With respect to your Judy 27th letter. */a would appreciate exchange of inf or eat ion from participating companies* Very truly your3, R. V. Velie Employee Benefits Dopartmont SV7ira hn_l. (i) BFS 005844 tFoi?uoa<3 (gy INTEROFFICE DATE AUGUST 2, 1978 TO MR. R. VELIE FROM PAUL KUHN REFERENCE SUBJECT SURVEY - PROTECTION OP FEMALE EMPLOYEE1S UNBORN CHILDREN The answers shown on the attach applied only to the Potts^o: 16 and 17 echnician union. The answers to these que&t'fons as they apply to Local URW Union #336 (Production and Maintenance) would he "No." It should, however, he kept in mind that the same union officers represent both unions. CORPORATE LABOR"RELATIONS FK:jeg S1I73 f - r" i /-*> . .RECEIVED' ; , AUG 4 1978 .R.V.VEL1E' t\ BFS 005845 AT rACUMttlT Protection of the Unborn Child Survey Questions (a) Does your Company have a policy regarding the female working around chemical substances (teratogenic and fetatoxic) which are suspected of affecting only the unborn child? yes X no If so, please attach a copy of that S/brief 1y explain your policy or practice. Yes - also affect the non pregnant , but we fee^ iffetusSj in the 1st trimester is most suseptible. We do^i^^^rniit the employment of women of child bearinffidW)ertbi3l in areas where VCM (Vinyl Chloride Monomer) willW^pted the Action Level. (b) Does this policy prohibit females of child bearing capability from exposure to teratogenic and/or fetotoxic substances? yes X no If so, please list the substances. Vinyl Chloride monomer above the "Action Level" (c) Does this policy prohibit pregnant employees from exposure to substances that other female employees of child bearing capability may be exposed to? yes______ no X If so, please list the substances. It doesn't permit a distinction between females capable of being pregnant and those who are pregnant. (d) Does this policy apply equally to maintenance and operating employees? yes X no If it does not, please indicate differences. t KECEIVED AUG 4 1978 R.V.VELIE BF5 005848 2 If your answer to (lb) above is yes, what evidence do you require for a female to prove her "non-capability for child bearing". She must be in menopause, either spontaneous or due to surgical intervention or she must show satisfactory medical evidence-Qffisterilization. If your answer to (lc) a hovels (C^s to prove that she i p dence do you require for a female X i*. Which of the following applies to employees removed from jobs under (lb) and (lc) above? a. Guarantee non-hazardous job maintain pay, seniority, and benefits do not maintain pay, seniority, and benefits other - please explain X b. Reassign to non-hazardous job if available maintain pay, seniority, and benefits do not maintain pay, seniority, and benefits other - please explain Our plant having PVC has maintained the policy since 197^ that women are not assigned to jobs if they are of childbearing age; therefore, we will have no more occasion to reassign an employee who becomes pregnant. c. Leave of absence maintain pay, seniority, and benefits do not maintain pay, seniority, and benefits other - please explain d. Termination BFS 005847 3 5- Does your policy give employees the choice of working in jobs that could expose their unborn children to hazardous substances? yes no X If so, please list substances. 6. If an employee chooses to discontinue working in a job under (5) above, which of the following applies: a. Guarantee non-hazardous job ma intain pay, i tyj 1)nd bbeenefits do not ma sen ior i ty, and benefits other ajre explain X____ b. Reassign to non-hazardous job if available maintain pay, seniority, and benefits do not maintain pay, seniority, and benefits other - please explain Ditto question #4 c. Leave of absence maintain pay, seniority, and benefits do not maintain pay, seniority, and benefits other - please explain d. Termination 7. Does your Company's policy on disability absences include absences for maternity reasons? yes X no BFS 005S4S V 4 6. If answer to (7) above is no, explain how absences for maternity reasons archandled. 9. How are absences for protection of unborn children handled versus maternity absences for normal child birth? No distinction is made* 10. Explain your handling of the following situation. A pregnant employee's personal physician, out of conceal recommends that the employee be removed f ron a j safe for employee and unborn child. or the unborn chi Id consider to be We place the responsibility for a f^jaade *a'.leave of absence for maternity on the physician; lhei(eWri!?i 'Jjre physician is requested to make out a form stating the date thrSugh'^djlCn he recommends we permit a pregnant employee to start her leav^oJ" absence* 11. Explain your handling of the following situation. A pregnant employee's personal physician. Out of concern for employee, recomcends that the employee be removed from a job because of the physical requirements and/or other chemical agents connected with job. After consideration, the Company agrees with the physician. How would you handle pay, seniority, etc? At the time an employee starts a leave of absence for maternity, she is eligible for six weeks of vacation disability pay. Her seniority is continued through the cessation of her pregnancy plus six weeks. If she returns at the end of that period, she receives full credit for her previous service plus the leave of absence time period. 12. Who counsels employees about your Company's policy or practices? The Personnel Manager and/or Company physician. 13- Are employees required to sign an acknowledgement of having been counseled as to the potential consequences involved as to working around these hazardous substances? finployees receive an annual training program in how to work with hazardous substances, and we make j^OiXXXXXXXXXffliaXXXXXXa health maintenance program available to these employees. If they elect not to take the annual or semi-annual* 14. Explain how you handle temporary assignments (such as engineers on start ups) to jobs involving exposure to substances hazardous to the unborn child. Women of childbearing age are not assigned -- even, temporarily -- to jobs involving exposure. Jf `1 ;| `. * j |" iV physical, they must sign a statement indicating their unwillingness to receive the benefits of the health maintenance program. BFS 005S49 j 5i 15. Has an involved Union responded to your policy? yes X no______ If so, please explain its response. 5 16. Has the involved Union grieved or protested appl y&^tion of your policy to: a) a particular case or b) the policy in general -V \ o ^ 4 no no 17. If answer to (16) abovg^ i^y^s^please explain how the matter was resolved. The case was taken to jtpfeitratiQn, and our position was upheld. IS. Have any of your employees filed discrimination charges with the Equal Employment Opportunity Commission or any other agency because of your policy? yes X no 19. If answer to (IS) above is yes, please explain outcome of the charge. It is still pending. 20. Docs your Company have a policy regarding employees working around suspected mutagenic substances which might affect both males and females? yes_______ no x If so, please attach a copy of that policy or briefly explain your policy or practice. BFS 005S50