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D00951Origiaal-City Clerk L' I T Y O F 5' A I N T P A U L Copy-Finance Department Copy-Depariment OFFICE OF THE MAYOR • ��S�E�I��' ��� ADMINISTRATTVE ORDER, • No.: � � � Date: "_ `'� WFIEREAS, the Mayor and City Councii have established a policy regarding occupational safety and health inspections within all departments of the City of Saint Paul; and, WI�REAS, the purpose of the occupational safety and health inspection policy is to provide a cooperative posture between City of Saint Paul departmenu and the Minnesota Department of Labor and Industry; and, VVHEREAS, the departments of the City of Saint Paul will cooperate with the Occupational Safety and Health inspectors who visit work sites in the City; and, WE�REAS, the goal of the Ciry of Saint Paul is to provide a work piace free of recognized hazards for employees; and, WHEREAS, any fines or "orders to conect" issued by the Minnesota Department of labor and Industry will be paid from department budgets; TI�REFORE, I, Mayor Norm Coleman, declare the policy regarding Occupational Safery and Health Administration Inspections to be in the public interest by providing a safe and healthfui work place for all City employees. APPROVED AS TO FORM - -�-���� �111� �� Ass�stant C�ty Attomey Department Director • Da� �/_`�/ �(.� y � 1-' <��' ""�> � Administrative Assistant W Mayor t��q � r DEPpRTMENT/OFFI E/COUNGL �ATEINITIA7ED GREEN SHEET � � � � �� � � �� � Fi a ce ' k Em 1 Sen M t Div INRIAINATE INRIAl1DATE ' ACT PERSON S PHONE � DEPiIHTMENT DIRECTOR � CRY COUNpL � PoR � CRYATTORNEY m CRY CLERK U E ON CAUNCIL EN A BY (DAiEj pp�n� O BU�CET DIREC.COR O FIN. & MGT. SERVICE$ OIR. a�� �MAYOpIORASS55TAN'n Q� Manag TOTAL # OF SIGNATURE PAGES one (CL1P ALl LOCATIONS FOR SIGNATURE) ACTION REQUE5iED: Initiate Administrative Order for an occupational safety and health inspecCion policy if OSHA chooses to inspect a City of Saint Pau1 work site. REGOMMENDA7iONS: npprrna (A) a Reject (P) pERSONAI SEHVICE CONTRACTS MUST ANSW ER TNE FOLLOWING �UESTIONS: _ PLANNING COMMISSION _ CIVIL SEMICE GOMMISSION �� Has this person/firm ever worKed under a conVact for ffiis department? - _ GIBCdMM1ttEE _ YES �NO _ STAFF 2. Has this personttirm ever been a ciry employee? — YES NO _ DISTFlICT CAUR7 _ 3. Does Nis Derson/firm possess a sltill not normally possessad hy any curtent cily employee? SUPP�HfS WN1CH CoUNCU, oBJECnvE? YES NO Expla{n all yes anawera on saparate sheet and attaoh to graen sheet INIT1Ai1NG PROBLEM, iSSUE. OPPORTUNITY (Who, Wlmt, W�Bn, Whara. Why): The City of Saint Paul has an opportunity to cooperate with OSHA inspectors when they request to enter a work place. City employees need to be provided with a work place free of recognized hazards. There needs to be an awareness of the procedures that occur during an OSHA inspection, including the rights and responsibilities of City employees. ADVANTAGESIFAPPPOVED: A spirit of cooperation between City employees and OSHA inspectors will occur to encourage professional behavior among participants. City employees will understand that they have a right to discuss OSHA's findings through due process. DISADVAN7AGES IFAPPROVED: RECEIVED None. JUN 12 1996 C{TY CLERK DISADVANTAGES IF NOTAPPROVED: Confrontation could occur between City employees and the OSHA inspectors. Also, time allowances provided could be ignored, resulting in higher fines and/or penalties for the City. OTAL AMOUNT OF TRANSIICTION $ N�A COSTlAEVENUE BUOGETEU (CIRCLE ONE) .. YES NO FUNDING SOURCE AC71VI7Y NUMBER FINANC{Al WFORMATION: (EXPlA1N) �+. , W City of Saint Paul �� ( • Occupational Safety & Health Administration Inspection Policy i. oveRView A. Purpose Under the Minnesota Occupational Safety and Health Act of 7 973 (the Act), the Minnesota Occupational Safety and Heaith Administration (MNOSHA) is authorized to conduct work place inspections to determine if employers are complying with standards and providing a safe and heaithful work place. The purpose of this policy is to provide guidance when occupational safety and health investigators (OSHIs► conduct announced or unannounced inspections and/or investigations within departments of the City of Saint Paul. B. Scope Act standards and requirements apply to all departments in the City of Saint Paul. AIf departments are susceptible to a MNOSHA inspection • and/or investigation. C, Authority It is the City of Saint Paul's policy that each department maintain a safe and healthful working environment and cooperate entirely with MNOSHA requirements. OSHIs, upon presenting appropriate credentials, are permitted to enter a City facility, without delay, for an inspection and(or investigation purposes. D. Cooperation Department personnel should immediately notify their department safety officer and the Safety/ADA Coordinator if an OSHI arrives for an inspection or investigation. Department safety officers are listed in each department's safety and health plan. All City of Saint Paul employees are to cooperate fully with OSHIs. Employee conduct should be nonadversariaf to the MNOSHA representative. E. Verification of Credentials The department representativels) must review the OSHI's credentials . and inspection notice before entrance into a City facility is permitted; it is acceptable to request verification from the MNQSHA area office. Once verifiication of the OSHI's credentials is approved, all records and 1 �51 documents pertaining to health and safety within the department are to be made accessible for inspection andlor investigation purposes. . II. OPENING CONFERENCE A. City Representation The OSHI will conduct an opening conference. At this conference, the OSHI explains the purpose of the investigation andlor the nature of the complaint, its intended scope, and wholwhat the inspection/ investigation will include. The department representative should request that managers andlor supervisors of work areas that are to be inspected attend the opening conference. The Safety/ADA Coordinator and the department safety officer sfiould also be requested to attend the opening conference and participate in the inspection. This is especially important when a particular work area is cited in a complaint. Union representation may be requested by the OSHI. B. Process At the opening conference, the OSHI will outline the generaf scope of the inspection, including employee interviews, physica! inspection of the work place, records review, and the taking ofi photographs or colfection of samples. These activities will vary, depending on the nature of the • inspection. The OSHI may provide copies of laws, standards, regulatio�s, or promotional materials. During the inspection, the OSHI is ailowed to take pictures. If possible, the department representative should obtain a camera and take the same photos the OSHI takes throughout the inspection. The OSHI is required to furnish to the department representative a copy of the hazard report which generated the inspection. If a complainant has asked to remain anonymous, MNOSHA is bound by regulations to respect that request. In such instances, the OSHI must still provide a fist of the alleged unsafe conditions. In certain instances, the OSHI may ask to review the medical, health and safety records of an employee. The designated custodians of these records must access any and all documents requested by the OSHI. C. MNOSHA Requirements MNOSHA places special importance on the development of work place safety and heatth program. The Minnesota Legislature passed "A Workplace Accident and Injury Reduction (AWAIR) Act" in 1990 which requires the City to have written safety and health plans for each department. The OSHI wiil review AWAIR and other MNOSHA-required . pians. Departments must have established a comprehensive Right-to- Know program that includes material safety data sheets IMSDSs) and employee training. The program must also include an inventory of 2 � � `�5 f hazardous chemicals in each work area, and the method the department employs to inform personnel of potential hazards associated with daily and non-routine exposure. • D. Inspection Route At the opening conference, it is beneficial to plan the route of the inspection. Once a route is identified, the department representative should notify affected personnel that an inspection of their area will take place. The inspection route should only be considered a guideline; the OHSI may investigate any other apparent hazards observed en route to or from a particular area. Ultimately, the route and duration of the investigation are determined by the investigator. The OSHI shouid be sensitive to minimizing any work interruptions. III. INSPECTION A. Management Participation During Inspection After the opening conference, the investigation team (including the OSHI, department representative, affected managerslsupervisors, Safety/ADA Coordinator, department safety officer, and union representatives, if requested) will proceed through the department to inspect work areas for safety and health hazards. An inspection tour • may cover part, or all, of the department, even if there was a specific complaint, fatality, or catastrophe that occurred in an isolated area. During inspection, it is imperative that e ch City representative take detailed notes on the inspection and the OSHI's comments. If photos and samples are taken, documentation and duplication of the inspector's work should be done to exact specification. Department representatives accompanying the OSHI during the course of inspection should make every attempt to correct minor violations on the spot. Even though minor violations may be corrected, they could still serve as the basis for a citation and pena{ty. However, prompt action for abatement may be considered a factor in penalty reduction. City representatives should not admit to any violations, but try to resolve a hazardous situation to the inspector's satisfaction. No City re�resentative should sign, acc�t, or confirm an inspector's report A report andlor citations will be mailed to the City by the OSHf. Acceptance of viofations can be used against the department in a later enforcement proceeding. The OSHI can dismiss individuals from the inspection team at any time if they are disrupting the orderly conduct of the inspection. B. Employee Participation During Inspection . OSHI may want to interview employees who are not part of the inspection team. An inspector may request to interview them in private or with their union representatives during the inspection. 3 i • IV V CLOSING CONFERENCE A. Discussion of Yiolations �Q� � After completing the inspection, reviewing records, and conducting interviews, the OSHt will conduct an exit interview with the inspection team. The investigator will discuss all conditions and practices which the OSHI believes constitute a safety or hea{th violation, and indicate any violations for which a citation and penalty may be issued. The department representative is responsible for taking detailed notes on all alleged deficiencies observed by the OSHI during inspection. The department representative must report all details of the inspection to the Safety/ADA Coordinator if this individual is not present at the closing conference. INSPECTION RESULTS A. Report of Unsafe or Unhealthful Working Conditions Following an inspection, if violations have been observed, the OSHI will mail a Report of Unsafe or Unhealthful Working Conditions to the Safety/ADA Coordinator and department safety officer who wilf forward a copy to the appropriate department representative. This report will give MNOSHA's assessment of the severity of the violations for which a citation and penalty may be issued. The investigator may explain the basis for penalty calculation, but this document wi{I not indicate any specific penalties. B. Citations A citation may also be issued to the City with the report. Each citation will inform the City of the MNOSHA standard(s) which were alleged to have been violated, and a specified date by which each violation must be corrected, and the penalties being assessed. The Safety/ADA Coordinator or the department safety officer will forward copies to the appropriate department representative. A copy of the citation must be posted, fior 15 days or until the violation is corrected, whichever is longer, at or near the place where a particular violation occurred. . C. Penalties Penalties are based on the severity of injury that is likely to result to an employee being exposed to the cited hazard, and the probability of its recurrence. The types of violations that might be cited by MNOSHA are: nonserious; serious; willful; repeated; and, faifure to abate. When a penalty is assessed, the Safety(ADA Coordinator and the safety officer will review ail related documenis and schedule a meeting with the Area Director of MNOSHA to discuss abatement of the citation. � • VI ABATEMENT � f'-� Abatement Requirements ��� The correction of alleged violations will be explained in detail in the report issued by MNOSHA. The length of time allowed for the abatement of each violation will depend on MNOSHA's assessment of the difficulty to correct the alleged violation. MNOSHA may require that interim protection be provided for employees during an abatement period; this is likely when an extended period of time is needed for correction. Responsihilities All corrections of hazards must be done at the earliest practical date. The department safety officer and the Safety/ADA Coordinator will document plans for the completion of abatement, and submit them to MNOSHA by the date on the notice for that specific hazard. Before being submitted to MNOSHA, the plan must be coordinated with the department where the inspection occurred and with union representatives, if requested. � VII. APPEALPROCESS A. Petition for Modification of Abatement (PMA) Date If violation abatement dates cannot be met, an extension of the abatement period may be requested from MNOSHA. The SafetylADA Coordinator can file a Petition to Modify the Abatement (PMA). Instructions for submitting a PMA are listed on the Citation and Notification of Penalty received by the SafetylADA Coordinator. � B. Informal Conference If the City disagrees with any alleged violations in MNOSHA's Report of Unsafe or Unhealthful Working Conditions, or with the abatement dates, a"Notice of Contest Form" can be filed with MNOSHA by the Safety/ADA Coordinator. This triggers a request for an informal conference with MNOSHA's Area Director. The Safety/ADA Coordinator and department safety officer will arrange the conference to discuss discrepancies or disagreements pertaining to specific violations, and will notify all members of the original inspection team to attend this meeting. MNOSNA's Area Director has the authority to withdraw violations, change the severity rating of violations, or modify abatement dates, if the City can present valid reasons to do so. If the discrepancies or disagreements discussed result in a change to the citation, the parties will prepare a written settlement agreement. If not, the case wi{I have a scheduled hearing before an administrative law 5 }udge. The City of Saint Paul, including the affected department ""��� representatives, have the right to participate in the hearing. • ViL COMPLIANCE A. Reinspection Rei�spections by an OSHI may occur after the initial inspections to ensure that specified compliance procedures for afleged violations were followed. This usually occurs when a violation is classified as serious, or if MIVOSHA does �ot receive a letter within 14 days after the abatement date, notifying them that each violation was corrected. Reinspections are to be conducted in the same manner as initial inspections. • � Risk and Employee Benefit Management Division May 1996 0 i/t�� � Interdepartmentaf Memorandum CITY OF SAINT PAiTL � TO: FROM DATE: RE: Mark Shields Mayor's Office Martha Larson, Director Finance and Management Services May 9, 1996 Administrative Orders Attached are Administrative Orders and green sheets for the two policies we discussed at our meeting on April 30. The first policy concerns documentation and investigation of vehicle accidents; the second policy concerns Occupational Safety and Health Inspections. Please call me if you have any questions. ML:Im Attachments •