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Resolution 1988-41 ~ 'T . . . t ,. 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 " '. . . ~. CI'IY OF GILroY SAFETY/LOOS <XNIroL POLICY AND PIDCEOORES . 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. . 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. . . 3. Department Loss Control Responsibility. . 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. . 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. " . . II. Mission and Organization . . 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 " . . 2. City Loss Control Carmittee a. Composition -City Administrator -Risk Manager -Department Heads . 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 . 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 . . . -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 . 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 . . L Department Head Responsibility . 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. . 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. " 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. . . \ . 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. . 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; . -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. " . . . . 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 . . 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. . 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. . 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. .. . . . 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 ~ : " . , . ;,'. -.0..-' '." . CITY OF GILROY .' ..\ . ..,. 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 , ' (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. .. .. .. ' i ~ } " . .. SAFETY ~;~~AGEMENT Decar t..-nent Heads . 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. ~ 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 .. .' (b) ~.s'sist~ all employees in developing and maintaining safe work' practices. .. .' - (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 r . . . " . ; . . , (- .: Ensure that "all.cidents are medical attention is secured. -- reported prO~lY " -:-(e) , and that appropriate ... . (f) Ensure that accident report forms are available in or on all vehicles and equipment. Employee'" ,,-,' It is every employee's responsibility to: '(a) (b) (c) .(d) Work safely . 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 '., .1 " ... ,'" ~i~e ~ ~'f: there are: otheeemP10yeeS in' need. of .. establi.shing the most cost-effective safety the'4Ilining with training program. . the aim of . . 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. . . \" .,. '~ . . . . 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)