§ 35.02  OCCUPATIONAL SAFETY AND HEALTH PROGRAM.
   (A)   Purpose. The Town, in electing to update its established program plan will maintain an effective Occupational Safety and Health Program for its employees and shall:
      (1)   Provide a safe and healthful place and condition of employment that includes:
         (a)   Management commitment and employee involvement;
         (b)   On-going analysis of the worksite to identify all hazards and potential hazards;
         (c)   Methods for preventing or controlling existing or potential hazards; and
         (d)   Training of managers, supervisors, and employees to understand and deal with worksite hazards.
      (2)   Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees.
      (3)   Make, keep, preserve, and make available to the Commissioner of Labor and Workforce Development of the State of Tennessee, his designated representative, or persons within the Tennessee Department of Labor and Workforce Development to whom such responsibilities have been delegated, adequate records of all occupational accidents and illnesses and personal injuries for proper evaluation and necessary corrective action as required.
      (4)   Consult with the State Commissioner of Labor and Workforce Development, as appropriate, with regard to the adequacy of the form and content of records.
      (5)   Consult with the State Commissioner of Labor and Workforce Development, as appropriate, regarding safety and health problems which are considered unusual or peculiar and are such that they cannot be achieved under a standard promulgated by the state.
      (6)   Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this program, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health.
      (7)   Provide for education and training personnel for the fair and efficient administration of occupational safety and health standards, and provide for education and notification of all employees of the existence of this program.
   (B)   Coverage. The provisions of the Occupational Safety and Health Program plan for the employees of the Town shall apply to all employees of each administrative department, commission, board, division or other agency of the Town whether part-time or full-time, seasonal or permanent.
   (C)   Standards authorized. The occupational safety and health standards adopted by the Town of Collierville are the same as, but not limited to, the State of Tennessee Occupational Safety and Health Standards promulgated, or which may be promulgated, in accordance with Section 6 of the Tennessee Occupational Safety and Health Act of 1972 (T.C.A. Title 50, Chapter 3).
   (D)   Variances from standards authorized. The Town may request, upon written application to the Commissioner of Labor and Workforce Development of the State of Tennessee, an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with the rules of the Tennessee Department of Labor and Workforce Development, Occupational Safety, Chapter 0800-1-2, as authorized by T.C.A., Title 50. Prior to requesting such temporary variance, the Town shall notify or serve notice to employees, their designated representatives, or interested parties and present them with an opportunity for a hearing. The posting of notice on the main bulletin board as designated by the Town shall be deemed sufficient notice to employees.
   (E)   Administration. For the purposes of this division, the Town Administrator is hereby designated as the chief executive officer to perform duties and to exercise powers assigned so as to plan, develop, and administer the Town's Occupational Safety and Health Program. The Town Administrator shall develop a plan of operation for the Town's Occupational Safety and Health Program and said plan shall become a part of the Town Code when it satisfies all applicable sections of the Tennessee Occupational Safety and health Act of 1972 and Part IV of the Tennessee Occupational Safety and Health Plan.
   (F)   Amendments. Amendments or revisions to the Town of Collierville Occupational Safety and Health Program may be recommended for adoption by the Town Administrator by resolution of the Board of Mayor and Aldermen. Such amendments or revisions shall become effective upon the approval of the resolution by the Board of Mayor and Aldermen.
   (G)   Funding the program. Sufficient funds for administering and staffing the program shall be made available as authorized by the Board of Mayor and Aldermen.
(Ord. 2004-01, passed 3-8-04)