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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)
(a) The Director may adopt and from time to time amend reasonable rules, regulations and guidelines consistent with and implementing the provisions and intent of this Article. Said rules and regulations shall be approved by the Health Commission at a public hearing. In addition to the notice required by law, before the Health Commission approves the issuance or amendment of any rule or regulation, the director shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation. The Secretary of the Health Commission shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Health Commission for notice of hearings on VDT rules or regulations.
(Added by Ord. 405-90, App. 12/27/90)
(a) The Director may enforce the provisions of this Article against violations by either of the following actions:
(1) Serving notice requiring the correction of any violation of this Article;
(2) Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of this Article, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation.
(b) Any employer who violates this Article shall be liable for a civil penalty, not to exceed $500, which penalty shall be assessed and recovered in a civil action brought in the name of the People of the City and County of San Francisco in any court of competent jurisdiction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco.
(c) In undertaking the enforcement of this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 405-90, App. 12/27/90)
(a) By adopting this ordinance, the City and County of San Francisco does not intend to authorize any activity that federal or state law or regulation prohibits, to prohibit any activity that federal or state law or regulation authorizes, or to duplicate any federal or state law or regulation except to the extent allowed by law.
(b) This ordinance shall be void upon the enactment or adoption of any California or federal law having preemptive effect on the regulation of VDTs in the workplace.
(Added by Ord. 405-90, App. 12/27/90)
If any provision of this Article, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Article are severable.
(Added by Ord. 405-90, App. 12/27/90)