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HomeMy WebLinkAboutORD 1985-040 CITY OF GRAPEVINE ORDINANCE NO. g5-4� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS A- MENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY RELATING TO PERSONNEL BY ADDING NEW SECTION 18- 189 RELATING TO THE CREATION AND ESTABLISHMENT OF THE CITY SAFETY COMPLIANCE PROGRAM; PROVIDING THAT THE CITY MANAGER OR ASSISTANT CITY MANAGER SHALL �,:,,, ESTABLISH RULES AND REGULATIONS WHICH SHALL COM- PRISE THE CITY SAFETY COMPLIANCE PROGRAM; PROVIDING THAT SUCH RULES AND REGULATIONS SHALL BE DESIGNED TO SATISFY REQUIREMENTS OUTLINED IN FEDERAL, STATE `� AND CITY REGULATIONS; PROVIDING FOR THE ESTABLISH- MENT AND CREATION OF THE OFFICE OF CITY SAFETY DIRECTOR AND THE APPOINTMENT THEREOF; PROVIDING FOR DEVIATION FROM THE SAFETY COMPLIANCE PROGRAM TO BE ACCOMPLISHED ONLY BY EXEMPTION, WAIVER OR DEVIATION APPROVED BY THE CITY SAFETY DIRECTOR; PROVIDING FOR MANDATORY COMPLIANCE WITH THE SAFETY COMPLIANCE PROGRAM BY CITY EMPLOYEES; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DE- CLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the employees of the City of Grapevine, Texas (the "City") have a right to a proper and safe place to work and to safe machines and tools with which to perform their job; and WHEREAS, it is the desire of the City to provide and maintain a safe work environment and safe equipment for City employees and to follow �'" operating policies that will safeguard City employees and citizens and result in safe working conditions and efficient operations. �► NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Article III, Division 9 of Chapter 18 of the Code of Ordinances of the City relating to personnel is hereby amended in the following partic=uiars, but that no other existing sections, subsections, articles, paragraphs, sentences, phrases or words shall be amended but shall be and are hereby ratified, verified, approved and affirmed: A. That Article III, Division 9 of Chapter 18 is amended by adding new Section 18-189 to read as follows: "Sec. 18-189. Safety compliance program. " (A)There is hereby established the City Safety Compliance Program, which program shall be ad- ministered and under the supervision of the Assistant City Manager, as follows: � "(1) The Assistant City Manager shall adopt rules and regulations relating to safety in the workplace of City employees, which rules and regulations shall be designed to satisfy requirements outlined in Federal, � State and City regulations and shall constitute the City Safety Com- pliance Program. Said rules and regulations shall be submitted to the City Manager for his review and approval. Once approved by the City Manager, a copy of the Safety Compliance Program shall be made available and distributed to each City employee. A copy of said Safety Compliance Program shall remain on file with the City Safety Director. "(2) There is hereby established the office of City Safety Director, who shall be appointed by the City Manager and who shall be responsible for and oversee the operation of the Safety Compliance Program. "(3) In the event that it is determined that precautions normally applicable and consistent with the Safety Compliance Program will not permit the accomplishment of a particular function or task, a request for an exemption, waiver or deviation from the Safety Compliance Program may be submitted in writing to the City Safety Director who shall determine whether or not to grant such exemption, waiver or deviation. Exemptions, waivers and deviations shall be granted, as follows: "(a) Exemption from the Safety Compliance Program may be granted for ,�,..� existing operations or facilities. Exemptions may last indefinitely. "(b) A waiver from the Safety Compliance Program may be granted for specific situations and are limited as indicated in the waiver, and do not � apply to other locations or to similar operations or conditions. "(c) A deviation from the Safety Compliance Program is an authorization to deviate from safety precautions and regulations for one (1) time only. "A record of all such exemptions, waivers and deviations shall be maintained in a register by the City Safety Director or his authorized representative. " (B) Compliance with the Safety Compliance Program by City employees is mandatory." Section 2. If any section, article, paragraph, sentence, clause phrase or word in this ordinance, or application thereto any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 3. Any person violating any of the provisions of this ordinance �„� shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during � or on which a violation occurs. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED this the 3rd day of September, 1985. ����:?7� , Mayor, City of Grapevine, Te��a� ATTEST: ,,,�, City ecretary, City f Grapevine, Texas [SEAL] � APPROVED AS TO FORM: City Attorney, City of Gr. evine, Texas