The following clause is required to appear in all contracts between the city and a city contractor and contracts between the city contractor and its subcontractors:
(a) If contractor's employees or contract workers will perform work under this contract in an outdoor environment, contractor must have and implement a written plan listing the preventative and proactive measures that contractor will take to protect those employees and contract workers from heat hazards (the "Heat Safety Plan") while performing that work. The city may request a copy of this Heat Safety Plan and documentation of all heat safety and mitigation efforts currently implemented by contractor to prevent heat-related illnesses and injuries for work done under this contract. The Heat Safety Plan must also be posted where it is accessible to employees. At a minimum, the Heat Safety Plan must include each of the following elements as it relates to heat safety:
(1) Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.
(2) Ability to take regular and necessary breaks as needed and additional breaks for hydration.
(3) Access to shaded areas and/or air conditioning.
(4) Access to air conditioning in vehicles with enclosed cabs.
(5) Effective acclimatization practices to promote the physiological adaptation of employees or contract workers newly assigned or reassigned to work in an outside environment.
(6) Training of employees and contract workers, no later than one week prior to being deployed to work in an outdoor environment, on heat illness and injury that focuses on environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures, and how to report heat illness and injury to emergency medical personnel.
(7) The posting of signage at the job site that contains information, in both English and Spanish, explaining how to (a) recognize and report signs and symptoms of heat illness and injury; (b) administer appropriate first aid measures, and (c) report heat-related illness and injury to emergency medical personnel. The signage must also include a phone number for reporting heat violations to OSHA/ADOSH.
(8) Providing written notification to all employees and contract workers regarding their new worker protections under this provision. This notification shall be provided to existing employees and during the onboarding process for new employees. The notification shall be provided to each worker in the language preferred by that worker and must be posted in the workplace.
(b) Contractor will incorporate this section in all subcontracts with subcontractors or other entities or individuals who may perform work under this contract, including the requirement that those subcontractors impose the same obligations under any sub-subcontractors. It is the obligation of contractor to ensure compliance with this provision by its subcontractors. City may terminate this contract for failure to comply with this provision.
(Ord. No. 12100, § 1, 6-4-24)