ORDINANCE NO. 900855

Amending the Administrative Code of Kansas City by repealing Sections A7.30 through A7.32 of Article VII thereof and enacting four new sections numbered A7.30 through A7.33 pertaining to the Employee Safety Program.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the Administrative Code of Kansas City is amended by repealing Sections A7.30 through A7.32 of Article VII, Division 3 thereof entitled "Accident Control - Employee Safety" and enacting in lieu thereof new Sections A7.30, A7.31, A7.32 and A7.33 of like subject to read as follows:

Sec. A7.30. STATEMENT OF POLICY

(a) This city government is determined to maintain the well-being of each city employee by an active and city-wide safety program. All reasonable measures shall be taken to maintain this program for the benefits derived by the employees, their families, and the city.

(b) Each of us must accept personal responsibility in accordance with our positions in maintaining the effectiveness of the program.

Sec. A7.31. SCOPE OF PROGRAM

(a) APPLICABILITY. The City Safety Program shall apply to all city employees.

(b) PURPOSE. To establish the framework of authority and responsibility for a permanent and continuous accident control-employee safety program.

(c) OBJECTIVE. To effectively control accidents and enhance employee safety and health, principally by education and training, eliminating or reducing hazards, establishing and enforcing safe rules and work practices, and gaining the cooperation of all personnel.

(d) DUTY ASSIGNMENT. All necessary safety activities and personnel assignments herein required shall be considered as official duty and as an integral part of satisfactory performance.

Sec. A7.32. OUTLINE OF GENERAL PROGRAM; CITY SAFETY BOARD

(a) GOVERNING BODY. The City Safety Board is hereby established as the governing body of the City Safety Program.

(b) MEMBERSHIP OF CITY SAFETY BOARD. The Board shall consist of one (1) appointed member from each line department, and the City Manager's office. Appointments will be made by the department head, and will be for a term of no more than three (3) consecutive years. One member shall be elected as chairman, on an annual basis. A recording secretary shall be elected from the Board. The Board may call upon selected safety professionals from participating departments to serve as advisors as required.

(c) RESPONSIBILITY: The Board shall be responsible for establishing the overall policy of the safety program and for the administrative and promotional effort necessary to effectively reduce accidents and promote employee safety.

(d) OBJECTIVES: Through careful and complete analyses of certain accidents to:

(1) Establish ways or methods to prevent future

accidents of similar type or cause.

(2) Upgrade personnel work habits through a uniform

system of evaluation of safe working procedures.

(e) DUTIES OF THE BOARD:

(1) PROGRAM ADMINISTRATION

The Board shall publish, and regularly review, a

City Safety Handbook, which shall contain the basic rules for safe work within City employment. The handbook shall be issued to every city worker on or about the first day of employment, and shall be permanently retained as a guide. As necessary, the Board shall update the manual to reflect important changes.

(2) ACCIDENT REVIEW

(a) When necessary, the Board shall review those

accidents referred to it.

(b) The Board shall serve as the final review for

determining whether an accident shall be ruled as

preventable or non-preventable.

(c) The Board shall not make any conclusion of law

violations. Recommendations will be made in an effort to

establish a uniform policy within the organizational

structure of the city for improvement in accident

prevention and loss control.

(d) Recommendations shall be submitted in written

form, including reasons for recommendations, to the

department head as applicable.

(e) When accidents are classified as preventable,

recommendations will be made to be incorporated in future

training or instruction, if deemed necessary.

(f) When appropriate, the Board will discuss its

review and analysis of an accident with the employee(s).

(3) MEETINGS:

The Board shall meet on a quarterly basis, or more

frequently if required to do so by the volume of work before it. Members and other personnel will be notified of the date, time and place of meetings in advance. The Board may meet at any other time upon the written request of three (3) or more Board members.

(4) CITY SAFETY INCENTIVE AWARDS PROGRAM APPROVAL

The Board shall review and approve departmental

safety award programs annually. A departmental safety awards program must obtain Board approval prior to implementation. Notification of approvals will be supplied to the Finance Director.

Sec. A7.33 RESPONSIBILITY OF DIRECTORS OF LINE DEPARTMENTS

The Director of each line department shall cooperative with the City Safety Board as follows:

(a) Appointing a member of his or her department to the City Safety Board;

(b) Establishing and implementing department safety policies and programs within guidelines established by the City Safety Board;

(c) Training department personnel to perform their work safely and in compliance with present and future laws involving occupational safety and health;

(d) Taking appropriate disciplinary action in cases of recurring preventable accidents by the same employee or where damage has been intentionally inflicted by an employee;

(e) Responding in writing to safety recommendations of the Board;

(f) With the approval of the Board, developing a safety awards program;

(1) Each department head shall identify those job

classifications which shall be eligible for awards for safe performance, and criteria for such awards, based upon identifiable hazards. Clerical and administrative personnel shall be specifically exempted from receiving monetary awards.

(g) Establishing a departmental safety committee, which, in turn, shall have the following subcommittees where feasible:

(1) Accident Review: To determine whether an accident

shall be considered preventable or non-preventable. A preventable accident shall be defined as one in which the employee failed to do everything he or she could have reasonably been expected to do to prevent it. No committee shall exist for accident review below the department level.

(2) Driver evaluation and training.

(3) Facilities inspections.

(4) Safe work practices.

(5) Vehicle inspections.

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Approved as to form and legality:

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Assistant City Attorney