Resolution 1988-41
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RESOLUTION NO. 88-41
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY ADOPTING SAFETY/LOSS CONTROL POLICY
AND PROCEDURES
WHEREAS, after study and consultation with ABAq PLAN,
Department Heads and the City Engineer, the Risk Manager has
prepared and recommended adoption of the attached SAFETY/LOSS
CONTROL POLICY AND PROCEDURES for the City of Gilroy, and good
cause appearing therefor,
NOW, THEREFORE, BE IT RESOLVED that the Council of
the City of Gilroy approves the attached SAFETY/LOSS CONTROL
POLICY AND PROCEDURES consisting of ten pages and a four page
Appendix entitled "Safety Policy and Program" dated September 8,
1982, and adopts the same to define policies and procedures
concerning safety of employees and the public in the City of
Gilroy.
PASSED AND ADOPTED THIS 20th day of June 1988, by the
following vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER,
MUSSALLEM, VALDEZ AND
PALMERLEE
COUNCILMEMBERS : NONE
COUNCILMEMBERS HUGHAN
APPROVED:
NOES;
ABSENT;
J~k~
Mayor Pro Tem
RESOLUTION NO. 88-41
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CI'IY OF GILroY
SAFETY/LOOS <XNIroL
POLICY AND PIDCEOORES
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I. Authority, Policy, and Responsibility
A. Authority
Authority for programs to prevent accidents and incidents involving
harm to people and property with respect to the City ot Gilroy is
provided by law in the California Occupational Safety and Health
Act of 1973 and is an intrinsic management responsibility.
B. Policy
It is the policy of the City of Gilroy to provide safe and health-
ful working conditions for its employees; to protect its property
from damage and loss; and to ensure the safety of the public when
using City facilities.
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Safety of employees is addressed by the Safety Policy and Program
dated September 8, 1982, which is attached as the first enclosure
hereto. That document establishes the Central Safety Committee,
the composition of which has been modified by agreement with the
Miscellaneous employees bargaining unit. Procedures concerning
on the job injury and illness are also contained in the City
Perso~~el Rules and Regulations.
This document addresses the prevention of accidents involving the
general public.
C. Responsibility
1. City Administrator Safety/Loss Control Responsibility.
The City Administrator exercises the authority of the City for
carrying out the provisions of Federal, State and municipal
'safety requirements placed upon the City by law and its ulti-
mate responsibility for safety. The City Administrator assigns
his/her staff the authority and responsibility for implementing
the loss control policy of the City to identify and correct any
potential hazards to the public.
2. Risk Manager Loss Contr'ol Responsibility.
The Risk Manager shall be responsible for implementing City-
wide loss control programs, chairing the Loss Control Committee
and supporting departmental efforts towards public safety.
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3.
Department Loss Control Responsibility.
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Although responsibility for the safety of employees and the
public ultimately must rest with the City Administrator, all
departments share in this responsibility. The appointment or
formation of a "loss control committee" to give advice and
counsel on loss control matters does not relieve the basic re-
sponsibilities of any department head or supervisor of his/her
responsibilities to safeguard employees and the general public
from harm at all times.
a. Department Head Loss Control Responsibility.
Department Heads, because of their position of authority,
are a key element in assuring that loss control programs
are implemented. The allocation of time and money usually
rests with this level of management. Without these ele-
ments, the first line supervisor's role is hampered. The
department head's role is to support and implement loss
control principles a~d practices.
b.
Supervisory Loss Control Responsibility.
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All supervisors are responsible for the day-to-day safety
of the City's employees and the public. Their primary
responsibilities are to seek out and correct work errors,
mechanical defects, malfunctioning property, substandard
work conditions, unacceptable environmental problems and
any other potential hazards; provide safety training to
employees; and assist in the investigation of claims.
4. Employee Loss Control Responsibility.
Each employee must observe and follow all work directives and
procedures required for the tasks assigned orally or in writing
for his/her own protection, the safety of fellow workers, and
for the well being of the public that may become involved.
Each employee must participate in departmental safety training
and report any hazardous condition to their line manager. The
ultimate success of the loss control program depends on the
contributions and commitment of each employee.
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II. Mission and Organization
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A.
Mission
The mission of the City is to establish loss control programs to
provide for the safety of the public. The programs include a
City-wide accident/incident information system for measuring a~d
appraising its effectiveness; the establishment of a Loss Control
Committee to promote the safety of the public using City facilities
and to make recorrmendations for improving that safety; employee
training in loss control; and'a commitment to loss control by all
employees.
B.
Scope
The loss control programs will cover such areas as:
1. Damage to City and non-Ci ty property
2. General liability exposures
3. Contract exposures relating to work done for the City under
contract
4. Claim investigation and review
C.
Organization
The following individuals and/or groups will be established by the
City to fulfill designated loss control responsibilities and
functions.
1.
Risk Manager
a. Duties (assignments)
-Keep City Administrator informed as to the effectiveness of
the various loss control programs
-Represent City on Board of Directors of ABAG PLAN (general
liability)
-Develop and maintain policy and procedures for the conduct
of loss control program
-Counsel with department heads and employees on matters
relating to loss control
-Be apprised and conversant on new and current legislation
pertaining to loss control
-Assist departments in developing and administering depart-
mental loss control policies and programs
-Investigate claims against City, a~d assist professional
claims adjusters
-Assist in training of employees and supervisors in loss
control and preparation of appropriate forms and reports
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2. City Loss Control Carmittee
a. Composition
-City Administrator
-Risk Manager
-Department Heads
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b. Duties (assignments)
-Provide interdepartmental coordination of loss control
programs by exchange of information and procedures
-Inquire into the advisability of new or improved loss
control methods, protective devices or equipment
-Evaluate loss control statistics to monitor the effect-
iveness of programs
-Coordinate and maintain effective loss control training
programs in all departments
-Devise means of recognizing loss control progress
-Study new or pending legislation, State safety orders,
codes or ordinances having an effect on the City's loss
control program with a view towards protecting the interest
of the City
-Review claims and make recarmendations ~~ policy complia~ce
and procedures affecting loss control
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c. Meetings
-Held at least quarterly
-Minutes and attendance records to be maintained
3. Department Loss Control Committees
a. Number (5)
-Police Department
-Fire Department
-Public WOrks Streets & Sewers Division
-Parks Division
-City Hall/Wheeler Community Center/Senior Center
Administration
Planning Department
Public WOrks Engineering Division
Recreation Division
"b. Conposition
-Determined by each department, but to include as a minimum:
l. Department head or management designee
2. First-line supervisor
3. Employee bargaining unit representative
c. Duties (assignments)
-Review all claims to determine cause and responsibility;
then recommend corrective measures to eliminate the like-
lihood of a recurrence of accident-producing conditions
-Consider all loss control problems of the department
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-Seek means to reduce loss hazards
-Encourage employees to subnit "Loss Control Memos" and
carmunicate hazardous condition information and promote
hazard awareness among all department employees
-Conduct department loss control inspections as required
-Conduct loss control education and training programs with
the department's employees
-Maintain a written log of all notices of hazardous
conditions, and corrective actions
d.
Meetings
-Held at least monthly'
-Minutes and attendance records to be maintained
4. Traffic Safety Committee
a. Composition
-City Engineer
-Designated traffic officer(s) from Police Department
-Clerical support as assigned
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b. Duties (assignments)
-Review street design, signing and traffic patterns for safe
operation of vehicles
-Investigate reports of unsafe traffic conditions, whether
from City employee or outside source
-Recommend corrective action, in writing, to appropriate
department, as needed
-Follow up to ensure correction of unsafe condition
-Maintain written records of recommendations and action
taken
c. Meetings
-As r'equired, but at least quarterly
-Minutes and attendance records to be maintained
-Minutes to be forwarded to City Loss Control Committee for
review
III. Loss Control Program
A. Loss Prevention Program
The 'City of Gilroy will inaugurate and maintain a loss control
program which shall include but not be limited to :
-A training program designed to instruct employees in the
recognition, reporting, and correction of hazardous conditions
which could cause injury or property damage to City employees
or the public
-Scheduled periodic inspections to identify and correct any
unsafe conditions and work practices which may be found
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L Department Head Responsibility
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a. Each department head is responsible for the loss prevention
program in the department as it pertains to the enforcement
of all safety orders, rules and ordinances; the maintenance
of necessary accident records and data; the investigation
of all injuries and accidents to determine causes and
necessary preventive measures; the existence of safe,
healthful working conditions and practices; the use of
protective clothing and devices; and the provision of loss
control training.
b. The department head shall hold supervisors accountable for
the effectiveness and results of the loss control program;
the application of safe working methods and tec~~iques; the
use of safety protective clothing and equipment; the
investigation of all injuries and accidents under their
jurisdiction; the completion of all necessary forms and
reports; that each employee under his ilnmediate and direct
supervision has current knowledge of the actual and
potential hazards the employee may encounter on the job as
well as the equipment and practices the employee should use
to minimize the risk of injuries to himself or others.
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c. The safety record of each employee shall be considered as
an element of hisjher overall performance evaluation.
2. Supervisor Responsibility
a. Unsafe acts or conditions shall be llnmediately pointed out
by supervisors and proper procedures and corrective actions
discussed. Unsafe acts by employees or the creation of
hazardous conditions mat be cause for disciplinary action
up to and including termination.
b. Ensure that employees wear protective clothing or use
protective equipment when required by the task.
c.
Supervisors shall give prompt attention to suggestions
regarding safety and loss control. written suggestions
concerning reduction of hazards to the public shall be
referred to the department Loss Control Committee and a
written response as to what action has or will be taken
shall be made within 30 days.
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3. Employee Responsibility
a. Every employee shall follow all established safety rules
and demonstrate by his/her conduct that he/She is mindful
of what constitutes a hazard to himself or the public and
is at all times conscious of loss control practices.
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b. Employees shall report all unsafe working conditions and
hazards to the public to their supervisor.
c. Employees shall wear protective clothing or use protective
equipment when required by the task.
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d. Employees shall report all accidents and injuries, and all
injuries or property damage incurred by members of the
public to their supervisor.
e. Employees shall report to work free from the effects of
drugs or alcohol.
f. Employees shall participate in safety and loss control
training when requested to do so.
B. Incident Reporting and Investigation
CITY INVESTIGATION POLICY. Investigation is required for, but not
limited to, the identification of human errors, defective con-
ditions, oversights and other reasons for accidents/incidents
involving:
-Any employee of the City sustaining a traumatic injury, occu-
pational illness, or death in connection with the authorized
performance of hisjher work;
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-All known public injuries, fatalities and property damages in
connection with City operations or facilities when there is any
reasonable possibility of a tort claim action against the City;
-Any fire, regardless of cost, involving City equipment,
structure or its contents;
-Any City owned motor vehicle involved in an accident;
-Any incident not considered an accident that could have, but by
chance did not, result in injury or damage described above.
Accident Defined: An accident, for reporting purposes, is defined
as a~ unfortunate occurrence that results in potential or possible
financial loss to the City such as injuries or illnesses and
damage to City property.
Incident Defined: An incident, for reporting purposes, is an
undesir'ed event that could have, but by chance did not, result in
obv~ous City financial loss.
INVESTIGATIVE RESPONSIBILITY. Investigation of accidents/incidents
is the immediate supervisor's responsibility. All accidents and
incidents will be investigated, reported and filed promptly. No
report shall be considered complete until the cause of the accident
has been identified, responsibility established, and corrective
measures taken to eliminate the likelihood of recurrence of similar
incidents.
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1.
Vehicular Accidents
a. If an employee is involved in a traffic accident/incident
while operating a vehicle for the City within the City limits,
the employee must immediately notify hisjher supervisor and the
Gilroy Police Department. The employee shall not leave the
accident scene until the police arrive. If an employee is
involved in a traffic accident/incident outside the City limits
the employee must notify hisjher supervisor and the Police
Department having jurisdiction in the area where the accident
or incident occurred. If possible, the employee shall not
leave the accident scene until the police have arrived.
b. In the event of an accident occurring outside regular
business hours, the employee must notify the Police Department
ilnmediately and hisjher supervisor at the earliest opportunity.
c. The driver should preserve as much evidence as possible.
If a serious accident, do not move any evidence until the
Police Department can photograph and document the conditions.
d. The driver should provide all involved persons with hisjher
name and department phone number but do not discuss the
accident.
,e. The driver or police should obtain the names and addresses
of all available witnesses.
f. If an employee is involved in any type of accident while
working for the City which involves bodily injury to another
person, the employee must summon emergency medical aid by
calling the Police or Fire Department if such aid is necessary.
g. An employee shall under no circumstance:
-Admit fault or liability;
-Commit the City to pay for damages; or
-Give statements to anyone not identified as a police
officer or authorized City perso~~el.
2. Accident Reporting
a. Any incident involving a City vehicle, or an employee on
,~ity business in hisjher personal vehicle, must be promptly
reported to appropriate officials. A "Property Damage Report"
(butterscotch in color) form shall be used for this purpose.
An incident involving a potentially serious bodily injury or
significant liability must be reported immediately to the
Risk Manager.
It is also necessary to have a police officer complete a
"Traffic Collision Report" if any damage or possible injury
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occurs. Employees should make no value judgement as to
cause, responsibility or extent of damage to others involved
in the incident, except as required by responding police
officers.
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b. The responsible department head shall promptly review and
coIt1TIent on the report and forward it to the Risk Manager
together with the police report and any other pertinent
documentation. Prompt processing will enable timely response
by our Claims Administrator (if such services are necessary.)
A copy of these reports shall also be sent to the departmental
loss control committee for their review and action.
c. The report forms and insurance information will be made
available to all departments and shall be placed in all
vehicles assigned to them.
3. Property Damage
a. If an on duty employee is involved in any accident which
results in damage to OTHER person's property, NOT CITY property
the employee must notify the Police Department immediately.
The employee shall not leave the accident scene until a police
officer arrives.
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b. The employee shall determine the owner of the property and
if possible notify them of the accident. The employee shall
provide the owner of the property with the name and address of
hisjher department. If the owner of the property cannot be
located, the employee shall leave hisjher name and department
phone number on the damaged property.
c. The employee or police shall obtain the names and addresses
of all available witnesses.
d. The employee shall provide all parties with his/her name
and department phone number, but not discuss the accident.
e. If there is major proper"ty damage the department shall
immediately notify the Risk Manager so the damage can be
inspected and documented before it is altered.
f. The department shall complete a "Property Damage Report"
,and forward it to the Risk Manager without delay. A copy shall
also be sent to the departmental Loss Control Committee for
their review and action.
g. A City employee shall under no circumstances:
- Admit fault or liability;
- Commit the City to pay for damages; or
- Give statements to anyone not identified as a police officer
or authorized City personnel.
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C. Inspections
1. Risk Manager Responsibility
The Risk Manager shall arrange for inspection and reporting on
hazardous conditions on City property through ABAG PLAN. The
Risk Manager shall monitor departmental inspection and correct-
ive action.
2. Department Head Responsibility
Each department head shall schedule periodic inspections of
City facilities within hisjher jurisdiction to identify
potential hazards to the person or property of the City,
employees, or the general public. Corrective action will be
taken, a~d a report thereof routed through the Risk Manager to
the City Administrator.
Enclosure: Safety Policy and Program
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CITY OF GILROY
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To:
All Department Heads
Date: Septe~er .8, 1982
From: City Administrator
Subject: Safety Policy and Program
PURPOSE
To set forth policy conditions and procedures necessary to ensure an effi-
tlfient and effective safety program for all employees of the City of Gilroy.
POLICY
To provide and m3intain safe and healthful working conditions, and to follow
operating policies that ~ill safeguard all employees and the public and re-
sult in safe working conditions, elimination of unacceptable hazards and im-
proved efficiency of operation.
PROCEDURE
The following proceduLe and responsibilities will be followed by all depart-
ments :'
RESPONSIBILITIES
Management:
eI't- is. management's respon. sibility at all levels to ensure t~at safety is a .
part;, Sl.f ~heir re!?pective. opera tions, that each is aware of CAL/OSH.l\ standard
and that employees follow safe operating practices.
Central Safety Commi ttee:,
,(a). The corru-nittee is composed of t..'1e Fire Chief as Chairman and Safety Offi-
cer of the City of Gilroy, and one member each designated by and being
the direct representative of the following:
Director of Public Works .
'Director of Parks and Recrea tion
Director of Planning
Fire ,Chief
Police Chief
. Assistant City Administrator
(b) The Central Safety Committee is responsible to:
(I) Make field and operation inspections
(2) proviae training programs to meet the needs of the department
(3) Recommend controls over hazards
(4) Assist'departrnent managers in meeting their responsibilities
(5):- Administer-the City Safety Program
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(c) In addition to the,; above responsibilities, the Chairman of the Central
Safety Committee will- submit a monthly report on-the status of safety
,operations within the City depar~~ents, including recorr~ended positive
actions which are needed to reduce hazardous conditions. The report
will be forwarded to the City Risk Manager for review, comrr,ent and sub-
mission to the City Administrator.
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SAFETY ~;~~AGEMENT
Decar t..-nent Heads
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It is the responsibility of each department head to p~ovide effective leader-
ship and motivation if the safety program is to succeed. Manager~ must:
(a) Promote management ider.tification with all phases of the safety program
and demonstrate support by active participation.
(b) Es~blish procedures for supervisors to follow when injury occurs, in-
cluding: ' '
. (1) Provide a list of. emergency telephone numbers.
'(2) Provide medical service order forms and instructions thereon.
(c)
(d)
(e)
Evaluate accident reports and supervisor's accident investigation re-
ports (to be published).
Provide peri~dic' inspections of work areas to"determine.
(1) Compliance with established safety procedures.
(2) Standard of housekeeping and work. conditions.
(3) Tr.at employees are ~sing protective safety equipment
Insist that all new employees are thoroughly trained and educated in
established safety practices.
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Intermediate Supervisors
The primary responsibility for providing a safety operation shall rest 'with
the mid-level supervisor. It is his/her responsibility to ensure that employ~
.s understand and follow all safetY,rules and practices. It .is the mid-
vel supervisor's responsibility'to:" - '
(a) Coordinate safety activities ,and programs
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(b) ~.s'sist~ all employees in developing and maintaining safe work' practices.
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(c) Orient first-time supervisors to give constant attention to preventing
accidents and promoting safet~. .
(d) Solicit suggestions from e~ployees which will promote safer work prac-
tices.
(e) Distribute safety training materials, posters and safety literature.
(f) Call, p+epare agenda and preside over all internal ~afety co~mittee meet-
ings.
First-line Supervisors
It is 'the r~~p6nsibility of ~ach'first-line "supervisor to:
(a) Detect'and.correct unsafe'working conditions and practices. Problems of
safety beyond the first-line supervisor's control shall be reported to
his/he~: s,::per~~,sor..,or the depart..'1lent di~ector.
.~n~our~ge ~,~~~, :~~ti"-:"~,te employees in the observan~e
Be sure' tha t ,each employee understands and follows
tai~ing }O, his/her' work. .
(d) Encourage safety suggestions and discussion.
which are feasible are put into practice and
are answered.
(b)
(c)
of saf~ty habits.
all safety rules per-
See that any suggestions
that all safety questions
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.: Ensure that "all.cidents are
medical attention is secured.
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reported prO~lY
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and that appropriate
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(f) Ensure that accident report forms are available in or on all vehicles
and equipment.
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It is every employee's responsibility to:
'(a)
(b)
(c)
.(d)
Work safely
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ReFort unsafe conditions to his/her supervisor
Follow the designated rules and regulations
Report all injuries to his/her s~pervisor immediately
SAFETY RULES
The safety rules included in the attached "General Safety and Health Handboc
(to be published) are for the protection, of each individual employee as well
as the city. The observation of safety rules is as important, as any other
phase of an employee's job. Employees are expected to observe these rules ~
all times. p..ny viola tion of these safety rules is to be reported to the SUF
visor for the employee~s protection.
SAFETY INSPECTIONS
The work place and the equipment and work methods used by the workers shall
be inpected for compliance with safe standards and practices and where neces
sary corrected. Involvement of supervisors and leadpersons in inspections
stimulates safety awareness at the operational level, where it counts most,
.WORK ARE.:;'S
All work areas shall be inspected for ~afety as often as necassary but not
less than monthly by a trained supervisor. Areas shall be inspected for im-
mediate and potential hazards, and any such ha~ards shall be corrected as
soon as possible. Inspection and any corrective actions shall be properly
doclli~ented on standard forms supplied by .the Administration. These inspec-
tions do not replace', but supp-lement the routine, inspections performed by
supervisors as part of their normal responsibilities.
WORI< PRACTICES
Superviso~s shall as part of their routine responsibilities conduct inspec-
tions as often as necessary to ensure that employees are following safe work
practices. Unsafe work practices require correction and if necessary retrai
ing of the employee. Err.ployees who persist in using unsafe work practices
enda~ger themselves and their co-workers. These ~~ployees as well as super-
visors and lea~pe=sons who allow unsafe practices to continue are subject tc
possible downgraded performance evaluations and possible corrective or dis-
ciplinary action, including counseling, reprimands, delay 'of merit increases
demotion, suspension or dismissal. .
SAFETY TRAINING
Each deparL~ent should budget funds specifically for safety training of em-
ployees at all levels. Amounts reouested should be based on analysis of nee
within ~ach department. A depart~~nt desiring to schedule a specific type c
safety training should coordinate with the Personnel Director for assistance
in obtaining the training to include a check with other depart~ents to deter
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~i~e ~ ~'f: there are: otheeemP10yeeS in' need. of
.. establi.shing the most cost-effective safety
the'4Ilining with
training program.
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the aim of
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DISTRIBUTION'
This Safety Policy and Program is to be reproduced and given the widest dis-
tribution among City employees: full-time, part-time,~'temporary and volunteer.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 88-41
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
20th
day of
June
, 19~,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 23rd day of June
19 88.
(Seal)