Prohibition on Fire Department Provision or Use of Personal Protective Equipment Containing PFAS. |
(a) Application. In order to protect the safety and health of City employees and City contractors against the effects of silicosis and other respiratory diseases, the following practices set forth in Subsection 64.1(b) shall apply to:
(i) All City employees; and
(ii) City contractors engaged in construction projects funded by the City and conducted pursuant to a construction contract with the City awarded under Chapter 6 of this Code.
(b) Prohibition. The dry-cutting of masonry units by means of hand-held, gas-powered or electrical, portable chop saws or skil saws and the dry-grinding of masonry materials are prohibited, except when it is determined that the use of water in the cutting or grinding is not feasible. In any instance where it is determined pursuant to this subsection that the use of water in the cutting or grinding is not feasible:
(i) The City or City contractor shall use engineering and work practice controls, such as a vacuum with a high efficiency particulate air filter or other dust control system, to control the dust;
(ii) Any dry cutting that occurs shall be done in a designated area away from all other workers, if possible; and
(iii) The City or City contractor shall provide workers with full-face respirators as part of a complete respiratory program that also includes training, the proper selection of respiratory cartridges and fit testing to ensure that the workers are able to wear the respirators.
(c) Exception. The provisions of this section 64.1 shall not apply to emergency service personnel responding to emergency situations.
(d) Preemption. In adopting this section 64.1, the Board of Supervisors does not intend to regulate or affect the rights or authority of any employer or employee, other than the City, City employees, and City contractors, to do those things that are required, directed, or expressly authorized by federal or state law or administrative regulation. This Section 64.1 is adopted pursuant to Section 144(e) of the California Labor Code.
(Ord. 131-06, File No. 060444, App. 6/22/2006)
“Firefighter Personal Protective Equipment” means personal protective clothing and equipment covered by the General Industry Safety Orders in Sections 3403 to 3407, inclusive, of Title 8 of the California Code of Regulations, as may be amended from time to time.
“PFAS” means perfluoroalkyl and polyfluoroalkyl substances, a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom.
(b) Prohibition. By no later than June 30, 2026, the Fire Department shall no longer provide or use Firefighter Personal Protective Equipment containing intentionally-added PFAS.
(c) Progress Meetings. The Chief of the Fire Department, or the Chief’s designee, shall meet with labor representatives at least every three months until June 30, 2026, to discuss and evaluate progress toward phasing out Firefighter Personal Protective Equipment containing intentionally-added PFAS, including with respect to the availability of, and securing funding for, Firefighter Personal Protective Equipment that does not contain intentionally-added PFAS.
(d) Progress Reports. The Fire Department shall provide a report to the Board of Supervisors and the Fire Commission on its progress toward meeting the deadline in subsection (b) every six months until June 30, 2026. Following consultation with labor representatives, if the Fire Department determines that factors beyond the Fire Department’s control will impede the Fire Department’s ability to meet the June 30, 2026 deadline, the Fire Department shall recommend to the Board of Supervisors by no later than March 1, 2026 to extend the June 30, 2026 deadline.
(Added by Ord. 106-24, File No. 240299, App. 5/24/2024, Eff. 6/24/2024)