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(a) Within 24 months of the effective date of this ordinance, every employer shall provide an operator who may be expected because of the employee's duties to routinely perform repetitive keyboard motions four hours or more, inclusive of breaks, per shift, with a minimum of a 15- minute, aggregate alternative work break during or immediately after every two hours of routinely performing repetitive keyboard motions, except where reasonable alternative work cannot be practicably provided.
(b) The term "alternative work break" as used in this section includes, but is not limited to, performance of work other than operation of a VDT, a rest break from work, a lunch break, or any combination of the above. However, nothing in this section shall be construed to in any way modify, increase or decrease any requirement for rest breaks or lunch breaks from work provided for by any federal or state law or regulation, or to require alternative work breaks inconsistent with the terms of any pertinent collective bargaining agreements or other employment contracts, in effect.
(Added by Ord. 405-90, App. 12/27/90; amended by Ord. 17-91, App. 1/18/91)
(Added by Ord. 405-90, App. 12/27/90; repealed by Ord. 59-03, File No. 030044, App. 4/11/2003)
The Director shall adopt regulations setting forth an employer's duties to furnish operators and their supervisors with information and training about health and safety concerns associated with the use of video display terminals. The regulations shall be consistent with the following guidelines.
(a) The information and training furnished to operators shall at a minimum include:
(1) Known and suspected health effects and symptoms or health concerns which published scientific research has found to be associated with VDT work, including musculoskeletal strain, cumulative trauma disorders such as carpal tunnel syndrome, vision effects, possible reproductive effects and psychological stress;
(2) Known and suspected causes of VDT-related health effects including poorly designed work stations, long periods of physical immobility, poorly adjusted furniture, awkward postures, poor visual correction, inappropriate levels of lighting, excessive glare, and excessive or continuous keyboard activity;
(3) Protective measures which may be taken to reduce or alleviate health effects and symptoms including:
(A) Ergonomic principles regarding appropriate positioning of furniture, accessories (such as foot rests, document holders and wrist rests) and displays and the importance of maximum flexibility in workstation design;
(B) The importance of regular breaks from VDT work in alleviating musculoskeletal and visual strain;
(C) Mechanisms for reducing glare and excessive levels of room illumination, including indirect or shielded overhead lighting, window shades or blinds, proper placement of terminals in relation to glare sources, and glare screens;
(D) Instruction in adjusting display for maximum contrast and resolution;
(E) The role of vision examinations in identifying visual problems that may be exacerbated or precipitated by VDT use and determining the need for special visual correction for VDT work;
(F) Hands-on instruction in making appropriate adjustments to table, chair, display and accessories;
(G) Eye and body exercises helpful in alleviating musculoskeletal and visual strain.
(4) A review of the latest scientific research in radiation emissions associated with VDT use, including a summary of research and published standards for non-ionizing radiation emissions and remedies for reducing potential radiation exposure such as use of non-radiation producing display technology.
(b) The information and training shall describe the contents of this ordinance and the employee's rights under it.
(c) Employers shall provide the information to current operators and supervisors within six months of the effective date of the Director's regulations.
(d) Beginning six months after the effective date of the Director's regulations, employers shall provide new operators with the information and training within the first 30 days of employment.
(e) Employers shall provide the information to operators and supervisors on an annual basis.
(f) Employers shall maintain records identifying those operators provided with information and training under this ordinance.
(Added by Ord. 405-90, App. 12/27/90)
No employer shall discharge, threaten with discharge, demote, suspend, or alter an employee's pay, position, seniority or other benefits, or in any other manner discriminate against any employee because such employee has (1) filed any oral or written complaint with the Department, the employer, or the employee's representative concerning the employee's rights under this ordinance, (2) instituted or caused to be instituted any proceeding under or relating to the employee's rights under this ordinance or has testified or is about to testify in any such proceeding, or (3) exercised on behalf of the employee or others any rights afforded the employee under this ordinance.
(Added by Ord. 405-90, App. 12/27/90)
(a) Determination. The Director of the Bureau of Toxics, Health and Safety Services in the Department of Public Health shall have authority to approve:
(1) A variance from a specific workstation standard, or rule or regulation adopted by the Director pursuant to this Article, upon a showing by the employer that an alternative program, method, practice, means, device or process will provide equal or superior safety for operators; and
(2) An exemption from a specific workstation standard, or rule or regulation adopted by the Director pursuant to this Article, upon a showing by the employer that it is technologically infeasible to comply with the workstation standard or rule or regulation for which the exemption is sought because the nature of the employer's business necessitates the use of specialized VDT or workstation equipment which is not readily available in conformance with the standard, rule or regulation, and the use of conforming equipment would adversely affect the task or work operations. An exemption may be granted for a period of up to two years.
(b) Application. The employer of the place of employment for which the variance or exemption is sought may initiate a variance or exemption action by filing an application with the Department. An employer may file a single application and pay a single application fee for all variances and exemptions that the employer may seek at any one time at any one place of employment. The application shall be made in writing upon forms prescribed by the Department and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the variance or exemption. The filing of the application for a variance or exemption shall stay the applicability of the workstation standard, rule or regulation for which the variance or exemption is sought. Before accepting any application for filing, the Department shall charge and collect an application fee. [See Section 1310.]
(c) Hearing. The Director of the Bureau of Toxics, Health and Safety Services (hereinafter referred to in this Article as "Bureau Director") shall hold a hearing on the application and shall hear the employer and other interested parties. The Bureau Director shall cause a notice of the time and place of the variance or exemption hearing to be mailed to the employer by certified mail at the address specified in the application at least 10 days prior to said hearing. The Bureau Director shall act upon each application within 90 days of receipt by the Department of the completed application. This time limit may be extended by written agreement executed by the Bureau Director and the applicant.
(d) Variance Findings. No variance shall be granted unless the Bureau Director finds and specifies in a written decision that in granting the variance, an equivalent level of safety will be provided through use of an alternative program, method, practice, means, device or process as is provided by the workstation standard or rule or regulation for which the variance is sought.
(e) Exemption Findings. No exemption shall be granted unless the Bureau Director finds and specifies in a written decision that it is technologically infeasible for the employer to comply with a workstation standard or a rule or regulation because the nature of the employer's business necessitates the use of specialized VDT or workstation equipment which is not readily available in conformance with the standard, rule or regulation for which the exemption is sought, and the use of conforming equipment would adversely affect the task or work operations.
(f) Notice to Operators. Immediately upon receipt of the notice of hearing, the employer shall provide notice of the application and hearing to affected operators and file a proof of service of the notice with the Department.
(1) If affected operators are not represented by an authorized employee representative, the employer shall post a copy of the notice of the hearing and a statement specifying where a copy of the variance or exemption application may be examined, at the place or places where notices to employees are usually posted.
(2) If affected operators are represented by an authorized employee representative, the employer shall provide a copy of the notice of the hearing and a statement specifying where a copy of the application may be examined, to the employee representative by postage-prepaid first class mail or by personal delivery.
(3) Proof of service shall be accomplished by filing an affidavit or declaration under penalty of perjury with the Department, certifying to the time and manner in which the notice was given.
(g) Decision. Upon issuing the written decision either granting or denying the variance or exemption in whole or in part, the Bureau Director shall forthwith transmit a copy of the decision to the employer by certified mail at the address specified in the application. It shall be a condition of the order that the employer shall give notice of the decision to affected operators by the same means used to inform them of the application and notice of hearing. The decision of the Bureau Director shall be final and shall become effective as stated therein, except upon the filing of a valid appeal to the Director of Public Health.
(h) Record. A record shall be kept of the pertinent information presented at the hearing on the variance or exemption and such record shall be maintained as part of the permanent public records of the Department of Public Health.
(i) Appeal. Within 30 days from the date the variance or exemption decision is mailed to the employer, the employer, affected operators or authorized employee representatives of the affected operators may appeal the decision, in writing, to the Director, setting forth in detail the ground or grounds for the appeal. Before accepting any application for appeal, the Department shall charge and collect an application fee. [See Section 1310.]
(j) Hearing on Appeal. The Director shall set a time and place for the hearing on the appeal and cause a notice of the time and place of the hearing to be mailed to the applicant by certified mail at the address specified in the application not later than 10 working days from the date the appeal was received by the Director. The hearing shall be conducted within 30 days from the date the appeal was received by the Director. The Director shall hear the applicant and other interested parties.
(k) Notice of Appeal to Operators, Employee Representatives, Employers. If the applicant on appeal is the employer, the applicant shall provide notice of the appeal application and hearing to affected operators as provided in Subsection (f), above. If the applicant is an affected operator or authorized employee representative, the applicant shall provide notice of the appeal and hearing to the employer by postage-prepaid first class mail or by personal delivery. Proof of service shall be accomplished by filing an affidavit or declaration under penalty of perjury with the Department, certifying to the time and manner in which the notice was given.
(l) Disposition of Appeal. After the hearing on the appeal, the director may affirm the original decision, may reverse the original decision or may modify the original decision. The Director shall forthwith transmit a copy of the decision to the applicant on appeal by certified mail at the address specified in the application. It shall be a condition of the order that the applicant shall give notice of the decision to affected operators, authorized employee representatives or the employer, as applicable, by the same means used to inform them of the appeal application and hearing.
(m) Record of Appeal. A record shall be kept of the pertinent information presented at the hearing on the appeal and such record shall be maintained as part of the permanent public records of the Department.
(Added by Ord. 405-90, App. 12/27/90)
(a) VDT Variance or Exemption Application Fee. Applicants for a variance or an exemption from the requirements of the video display terminals ordinance shall pay a filing fee of $175 to the Department of Public Health.
(b) Variance or Exemption Appeal Fee. Applicants on appeal of a variance or exemption decision from the requirements of the video display terminals ordinance shall pay a filing fee of $175 to the Department of Public Health.
(Added by Ord. 302-91, App. 8/6/91)
In order to carry out the purposes and provisions of this Article, the Director shall have the right at any reasonable time, upon the presentation of proper credentials, to enter upon or into the premises of any employer, as defined in this Article, who employs one or more VDT operators to inspect said premises for compliance with this Article. If the owner or occupant of the premises denies entry, the Director shall obtain a proper inspection warrant or other remedy provided by law to secure entry.
(Added by Ord. 405-90, App. 12/27/90)
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