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(A) The purpose of this Section is to ensure that all construction and demolition operations in the city are conducted in a manner that protects the health, welfare, and safety of the general public and to protect public and private property from any potential dangers that may result from construction or demolition operations in the city. No provision of this Section requires the Inspectional Services Department, or any other city entity, to interpret or enforce any existing OSHA health and safety regulation that governs the safety of persons employed in construction or demolition operations.
(B) This Section applies to all demolition and construction operations in the city except for those permitted under a homeowner waiver as issued by the Inspectional Services Department, as it pertains to the safety of the public and property.
(Ord. 2023 c. 6)
Nothing in this Section shall be construed to relieve persons engaged in construction or demolition operations from complying with existing OSHA safety regulations or other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on any party engaged in a construction or demolition operation, including, but not limited to, the owner, construction manager, general contractor, sub-contractors, material men, registered design professionals or other party to engage in sound design and engineering, safe construction or demolition practices, including, but not limited to, debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.
(Ord. 2023 c. 6)
Except in instances where a permit is issued with a homeowner waiver, no permit for the construction, alteration or demolition of any structure subject to the requirements of this Section shall be issued until a Site Safety Plan affidavit, on a form as determined by the Department, has been submitted to the Commissioner or the Inspector of Buildings, or his or her designee.
(Ord. 2023 c. 6)
Each permit holder shall enact and maintain a site safety monitoring program to implement the Site Safety Plan attested to in their affidavit. The Site Safety Monitoring Program shall, at a minimum, include the following.
(A) Site safety orientation and refresher. Each permit holder shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder receives a site safety orientation and refresher reviewing the contents of the Site Safety Plan.
(1) Site safety orientation. Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety orientation on the contents of the Site Safety Plan before such worker commences any construction or demolition work at such site.
(2) Site safety refresher. Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety refresher if:
(a) Such worker has performed construction or demolition work at such site for one year or more; and
(b) One year or more has elapsed since such worker received a site safety orientation or refresher with respect to such site.
(3) Site safety orientation and refresher content. Site safety orientations and refreshers required by this Section shall include a review of safety procedures at such site and any hazardous activities to be performed at such site. In addition, information pertaining to the site safety training shall be made available to each worker in a language that he or she understands.
(4) Records. A record of all orientations conducted for the site shall be maintained by the permit holder and kept at the site. Such record shall include for each such orientation or refresher:
(a) The date and time of such orientation or refresher;
(b) The name, title and company affiliations of each worker who participated; and
(c) The name, title and company affiliation of the qualified person who conducted such orientation or refresher, along with such person’s signature.
(B) Pre-shift safety meetings. Each permit holder shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder takes part in a safety meeting at the beginning of such worker’s shift, but before such worker commences any construction or demolition work in such shift.
(1) Pre-shift safety meeting. Pre-shift safety meetings shall be conducted at the beginning of each worker’s shift, but before such worker commences any construction or demolition work in such shift, by a person designated by the permit holder, or where so authorized by the permit holder, by a person designated by the subcontractor. Such person shall have the ability to communicate with each worker who takes part in such meeting.
(2) Pre-shift safety meeting content. The pre-shift safety meeting shall include a review of activities and tasks to be performed during the shift, including specific safety concerns or risks associated with fulfilling such work.
(3) Records. The permit holder shall maintain, for each worker, a record of one pre-shift safety meeting per week. Such record shall include for each such meeting:
(a) The date and time of each such meeting;
(b) The name, title and company affiliation of each worker who participated; and
(c) The name, title and company affiliation of the competent person who conducted such meeting, along with such person’s signature.
(C) Ongoing updates to plans and briefings. As work progresses, the permit holder will modify their briefings to address current conditions and expectations. If changed conditions render any attestations on the Site Safety Plan affidavit inaccurate, then the permit holder shall re-submit an updated version of his or her Site Safety Plan affidavit.
(Ord. 2023 c. 6)
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