(a) The Director of Public Safety and/or his or her designate shall conduct inspections of workplaces where hazardous chemicals are used, manufactured or stored. The Director and/or his or her designate shall not attempt a forcible entry if an employer refuses to consent to such an inspection, but shall seek a proper search warrant. These inspections, which shall be performed at random, shall be for the purpose of determining that hazardous chemicals are properly labeled in compliance with Section 632.07 and for checking a random sample of material safety data sheets for compliance with Section 632.10.
(b) The Director and/or his or her designate shall investigate, within three working days, any complaint in which it is alleged that employees have been ordered to work with substances which are not labeled as required by this chapter or for which material safety data sheets required by this chapter are not provided to employees. Each such complaint shall be in writing, signed by the complainant, and be on a form to be supplied by the Director.
(c) The Director shall designate employees of the Erie County Health Commission to enforce this chapter. Such employees may:
(1) Enter upon premises where workplaces contain hazardous chemicals and seek assistance from the Police Division when necessary to obtain search warrants if entry is refused;
(2) Issue orders to comply as authorized by the Commission; and
(3) Issue citations for failure to obey orders to comply, for a violation of regulations adopted by the Commission or for a violation of any of the provisions of this chapter.
(d) The Commission shall report to the Director, in January of each year, on the following:
(1) The number of inspections performed during the previous year; and
(2) The number and type of enforcement actions undertaken the previous year and, if known, the final disposition thereof.
(e) The Commission shall adopt procedures pursuant to which the Director shall maintain for public inspection the work area list from each covered employer for thirty years and shall provide copies of such list to the public at cost.
(f) The Commission shall assist other City departments and divisions in identifying and obtaining such information as the departments and divisions need to fulfill their functions, and shall promptly forward to the Fire Division copies of all employer filings required by this chapter, which filings the Division deems necessary, desirable or useful in the performance of its duties and/or in the protection of Division personnel.
(Ord. 85-50. Passed 9-16-85.)