§ 35.041 EXCLUSION OF COVERAGE DUE TO LACK OF AUTHORIZATION.

   There is hereby excluded from this subchapter any authority to make any agreement with respect to any positions or any employee or official not authorized to be covered by applicable state or federal laws or regulations.

(1994 Code, § 4-107)

OCCUPATIONAL SAFETY AND HEALTH PROGRAM

Editor’s note:

   Ord. 350 is replaced with the following occupational safety and health regulations

§ 35.055 TITLE.

   This subchapter shall be known as the occupational safety and health program plan for the employees of the city. A copy of the program plan is attached to Ordinance 849 and incorporated by reference as if fully set forth herein.

(1994 Code, § 4-301) (Ord. 631, passed 7-28-2003; Ord. 849, passed 4-27-2020)

§ 35.056 PURPOSE.

   The city, in electing to update the established program plan, will maintain an effective occupational safety and health program for its employees and shall:

   (A)   Provide a safe and healthful place and condition of employment that includes:

      (1)   Top management commitment and employee involvement;

      (2)   Continually analyze the worksite to identify all hazards and potential hazards;

      (3)   Develop and maintain methods for preventing or controlling existing or potential hazards; and

      (4)   Train managers, supervisors and employees to understand and deal with worksite hazards.

   (B)   Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees;

   (C)   Record, keep, preserve and make available to the Commissioner of Labor and Workforce Development or persons within the 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;

   (D)   Consult with the Commissioner of Labor and Workforce Development with regard to the adequacy of the form and content of records;

   (E)   Consult with the Commissioner of Labor and Workforce Development, as appropriate, regarding safety and health problems which are considered to be unusual or peculiar and are such that they cannot be achieved under a standard promulgated by the state;

   (F)   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; and

   (G)   Provide for education and training of 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 plan.

(1994 Code, § 4-302) (Ord. 631, passed 7-28-2003; Ord. 849, passed 4-27-2020)

§ 35.057 COVERAGE.

   The provisions of the occupational safety and health program plan of the employees of the city shall apply to all employees of each administrative department, commission, board, division or other agency of the city whether part-time or full-time, seasonal or permanent.

(1994 Code, § 4-303) (Ord. 631, passed 7-28-2003 ; Ord. 849, passed 4-27-2020)

§ 35.058 STANDARDS AUTHORIZED.

   The occupational safety and health standards adopted by the city are the same as, but not limited to, the state’s occupational safety and health standards promulgated, or which may be promulgated, in accordance with § 6 of the State Occupational Safety and Health Act of 1972 (Tenn. Code Ann. Title 50, Ch. 3).

(1994 Code, § 4-304) (Ord. 631, passed 7-28-2003 ; Ord. 849, passed 4-27-2020)

§ 35.059 VARIANCES FROM STANDARDS AUTHORIZED.

   The city may, upon written application to the Commissioner of Labor and Workforce Development of the state, request an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with Rules of Tennessee Department of Labor and Workforce Development, Occupational Safety and Health, Variances from Occupational Safety and Health Standards, Ch. 0800-01-02, as authorized by Tenn. Code Ann. Title 50. Prior to requesting such temporary variance, the city will 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 city shall be deemed sufficient notice to employees.

(1994 Code, § 4-305) (Ord. 631, passed 7-28-2003; Ord. 849, passed 4-27-2020)