HomeMy WebLinkAbout106-91RESOLUTION NO. 106-91
A RESOLUTION OF THE TOWN OF DANVILLE
ADOPTING REVISED PERSONNEL POLICY
AND PROCEDURE GUIDELINES
WHEREAS, the Town Council of the Town of Danville desires to implement fair and
equitable personnel management policies for its employees; and
WHEREAS, the Personnel Policy and Procedure Guidelines have been developed with the
input of employees; and
XVHEREAS, these policies incorporate certain provisions required by federal law; now,
therefore,
BE IT RESOLVED, by the Town Council of the Town of Danville, that the 1991
amendments to the Town's Personnel Policy and Procedures Guidelines, in the form as
lodged with the City Clerk, are hereby adopted.
PASSED, APPROVED AND ADOPTED by the Danville Town Council at a Regular Meeting
on the 18th day of June 1991, by the following vote:
AYES: GREENBERG, LANE,
NOES: NONE
ABSTAINED: NONE
RITCHEY, SCHLENDORF, SHIMANSKY
ABSENT: NONE
MAYOR
ATTEST:
CITY C~
APPROVED AS TO FORM:
//4JITY ATTORNEY
RULE
.
,
3.
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GENERAL PROVISIONS
DEFINITIONS
CLASSIFICATION PLAN
COMPENSATION
TABLE OF CONTENTS
SECTION PAGE
1.1 Purpose ............................. 1
1.2 Notice ............................... 1
1.3 Scope ............................... 1
1.4 Personnel Officer ...................... 1
1.5 Relationship to Other Administrative
Procedures ........................... 2
1.6 Severability ........................... 2
2.1 - 2.47 ............................... 3-10
3.1 Purpose ............................ 11
3.2 Classification of Positions ................ 11
3.3 Preparation and Content of Class
Specifications ........................ 11
3.4 Interpretation of Class
Specifications ......................... 11
3.5 Notice .............................. 11
3.6 Allocation of Positions .................. 11
3.7 Request for Classification Review .......... 12
4.1 Purpose ............................ 13
4.2 Preparation of Plan .................... 13
4.3 Administration Plan .................... 13
4.4 Salary Range Adjustments ............... 16
4.5 Partial Pay-Period Pay .................. 16
4.6 Overtime ............................ 17
4.7 Compensation Upon Termination ......... 17
0
,
0
RECRUITMENT
AND SELECTION
LEAVE OF ABSENCE
TRAINING
5.1 Purpose ............................ 18
5.2 Applications and Applicants .............. i8
5.3 Applicant Evaluation ................... 19
5.4 Employment Lists ..................... 20
5.5 Methods of Filling Vacancies ............. 21
5.6 Probationary Period ................... 21
6.1 Purpose ............................ 23
6.2 Computation Date ..................... 23
6.3 Types of Leave ....................... 23
7.1 General Policy ........................ 33
7.2 Orientation of New Employees ............ 33
.
.
10.
11.
TRANSFER, PROMOTION,
DEMOTION, SEPARATION
AND REHIRE
CONDUCT AND
DISCIPLINE
GRIEVANCE PROCEDURE
MISCELLANEOUS
POLICES AND
PROCEDURES
7.3 Time of Training ...................... 33
7.4 Types of Training ..................... 33
7.5 Reimbursement for Training ............. 34
7.6 Completion of Training ................. 34
7.7 Conference and Seminars ............... 34
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
Transfer ............................ 35
Promotions .......................... 35
Demotion ........................... 35
Methods of Separation .................. 35
Voluntary Resignation .................. 36
Discharge ........................... 36
Lay Off ............................. 36
Retirement .......................... 37
Failure to Complete Probation ............ 37
Rehire .............................. 37
9.1 Employee Conduct Generally ............. 38
9.2 Improper Employment Conduct ........... 38
9.3 Disciplinary Action .................... 39
9.4 Determination of Disciplinary
Procedures ........................... 40
9.5 Notice of Proposed Disciplinary Action ...... 40
9.6 Appeal Hearing ....................... 41
9.7 Employee Representation ................ 41
9.8 Retribution for Appeal .................. 41
9.9 Employee Rights and Appeals ............. 41
10.1
10.2
10.3
10.4
10.5
Purpose ............................ 43
Matters Subject to Grievance ............. 43
Matters Not Subject to Grievance .......... 43
Grievance Procedure ................... 43
Conduct of Grievance Procedure .......... 44
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
Medical Examination Required ............ 46
Physician ............................ 46
Cost of Exam ........................ 46
Outside Employment ................... 46
Nepotism ........................... 47
Harassment Policy ..................... 47
Informal Complaint Procedure ............ 48
Sexual Harassment Policy ............... 48
Flextime ............................ 49
Emergency Procedures ................. 49
11.11 Political Activity ....................... 49
11.12 Employee Assistance Program ............ 49
12.
OFFICIAL RECORDS
11.13 Release From/Return to Work
Procedures .......................... 51
11.14 Smoking Policy ....................... 52
11.15 Drug and Alcohol Policy ................ 52
11.16 Safety/Loss Control .................... 54
12.1
12.2
12.3
Official Records ....................... 71
Change of Status Report ................ 71
Personnel File ........................ 71
AUTHORITY .................................. 72
2.15 Declaration of Work Period
Each employee must provide the Town with their specific work period to provide
proof that employees have agreed to work extra hours within their work period
in exchange for time off.
2.17 Employee Assistance Program (EAP)
This program helps employees resolve a wide range of personal problems which
can have a negative effect on their job performance.
2.22 Flextime
A program which allows employees additional days off while maintaining the same
number of work hours within the pay period.
2.34 Reclassification
The reassignment of a position once every two years by raising it to a higher class,
reducing it to a lower class or by moving it to another class at the same level as
measured by a significant change in the kind, difficulty and responsibility of the
work performed.
2.39 Safety Committee
The Safety Committee is composed of representatives from each of the Town's
work units. The Committee's objective is to insure a high standard of safety
throughout the organization through preventative measures and education.
4.3.5 Annual Review
Regular employees will be considered for a merit adjustment once each
year. If in the opinion of the Department Director a merit adjustment is not
warranted at the time of the review, consideration for an adjustment may be
deferred to a later date, and the employee will be notified by the Director.
4.3.6 Adjustments Below the Control Point
Upon successfully completing the designated probationary period, and
annually thereafter, a regular employee will be considered for further merit
adjustments. A merit salary adjustment exceeding 7.0% shall be approved
in advance by the Town Manager.
4.8
4.9
4.3.7 Adjustments Above the Control Point
A merit adjustment which causes an employee's salary to exceed the control
point of the assigned range is intended to reward long-term and exceptional
performance which consistently exceeds established standards applicable to
the position. A merit adjustment which causes an employee's salary to
exceed the control point of the range shall be approved in advance by the
Town Manager. Employees who are compensated at or above the control
point are exceeding the high end of the salary range for other comparable
cities. Because of this, annual salary adjustments will be less once the
employee reaches the control point in the range.
4.3.13 Part-time and Temporary Employees
Part-time and temporary employees who work less than an average of 20
hours per week are assigned an hourly rate of pay and do not receive
supplementary benefits. Employees in designated part-time positions who
work more than an average of 20 hours per week on an annual basis shall
be eligible to receive prorated supplemental benefits as authorized by the
Town Council in the compensation plan. Permanent part-time employees
are eligible to receive 100% of the Town's incentive match on pension
contributions over 2%.
Declaration of Work Periods
The Town Council will declare specific work periods for Town employees, each
of which comply with the Fair Labor Standards Act.
Declaration of Exempt Employees
The Town Council will declare specified employee classifications as exempt from
certain provisions of the Fair Labor and Standards Act.
5.2.2 Application Forms
The Personnel Officer will provide a standard application form which shall
be completed by all applicants. The application form may require such
applicant information as deemed necessary by the Personnel Officer and
consistent with applicable state and federal law. All applicants must have a
valid California driver's license. Other forms of applications (such as
comprehensive resumes) may be accepted in lieu of a standard application
when approved by the Personnel Officer.
6.3
Types of Leave
The following types of leave are recognized:
a,
b.
C.
d.
e.
f.
g.
h.
i.
j.
k.
1.
m.
General Leave
Compensatory Time Off (CTO)
Disability Leave
On the Job Injury - Worker's Compensation
Maternity Leave
Jury Duty
Holiday Leave
Administrative Leave
Leave Without Pay
Military Leave
Paternity Leave
Bereavement Leave
Donating Leave Hours
6.3.1 General Leave
Application
General Leave is earned by a probationary, regular or regular part-time
employee and may be used for vacation, illness, care of an immediate family
member, medical, dental or psychological needs of the employee or due to
the death of an immediate family member (bereavement).
Accrual - Full-Time Employees
Full-time employees can take General Leave as it is earned. Full-time
employees accrue General Leave credit as shown on the following schedule:
6.3.4 On the ,Job Injury - Leave of Absence on Account of Injury Incurred
When an employee is off work as the result of a valid on-the-job injury or
illness sustained in the service of the Town, the Town shall continue his/her
pay in the amount of his/her monthly rate for up to but no longer than
sixty (60) calendar days or until the time which the Town of Danville's long-
term disability plan comes into effect, whichever date is earlier. The Town
shall only pay that amount necessary to make up the difference between the
employee's monthly rate and the amount payable to the employee as
temporary disability payments from the Worker's Compensation Insurance
Plan of the Town. Such pay shall be considered as on-the-job injury leave
and shall notbe charged as sick leave.
9.2
10.3
6.3.7 Holiday Leave
Holidays Observed
Probationary and regular full-time employees shall be compensated at the
regular rate of pay for the holiday time off.
All regular part-time employees shall receive a percentage of paid holidays,
regardless of whether these holidays fall on their regular work day.
In addition to the above, one (1) floating holiday shall be designated each
year for a total of 11 days.
6.3.14 Donating Leave Hours
no
Requests to donate hours for employee must go through Personnel
Office.
b.
Employee must have used all accrued leave hours including
compensatory time, personal/administrative leave and must face a
prolonged illness or disability as evidenced by medical certification.
C.
If employee meets qualifications, Personnel Officer would then ask
for donations. A maximum of 30 calendar days would be granted at
one time, and donations would be cut off when that number is
reached. Additional time may be requested if needed, in 30
calendar day increments.
Improper Employment Conduct
mo
Harassment on the basis of race, religion, color, national origin, ancestry,
handicap, marital status, pregnancy, medical condition, gender or age of any
employee by another employee.
Matters Not Subject to Grievance
At any time during the grievance procedure, the Personnel Officer may rule that
the matter involved is not subject to grievance. A matter not subject to grievance
may include hours of work, services provided, staffing levels, amount of merit
increases, allocation to classifications, equipment and work methods (provided that
prescribed methods of work are consistent with the skill level expected of
employees assigned to the class.)
4
10.4 Grievance Procedure
Step I
An attempt must be made to resolve all grievances on an informal basis between
the employee and the immediate supervisor. It is the responsibility of the
employee to initiate this process within five (5) working days of the date when the
aggrieved action or incident becomes known to the employee. A written decision
by the Supervisor must be received by the employee within 5 working days.
Step 2
If the grievance is not satisfactorily resolved informally, the employee may present
a written appeal to the supervisor's immediate supervisor within five (5) working
days after receipt of the written decision under step one. The supervisor receiving
the appeal shall make a decision, in writing, and return it to the employee within
ten (10) working days after receiving the appeal.
Step 3
If the grievance is not satisfactorily resolved at the second step, the employee may
submit the grievance in writing to the Department Head or Appointing Authority
within five (5) working days after the supervisor's decision is received. The
Department Head must deliver an answer in writing to the employee within ten
(10) working days after submission of the grievance to the Department Head.
Step 4
If the grievance is not satisfactorily resolved at the third step, the employee may
submit the grievance in writing to the Employee Steering Committee within five (5)
working days after the Department Head's decision is received. Three members
of the Steering Committee will serve as a Review Board and consider the grievance.
One member of the Review Board will be selected by the grievant from the
Steering Committee members. One member will be selected by the Manager. One
member shall be selected by agreement of the two previously-selected members.
The Steering Committee Review Board will deliver an answer in writing to the
employee within ten (10) working days after submission of the grievance to the
Department Head.
Step 5
11.6
11.7
If the grievance is not satisfactorily resolved at the fourth step, the employee may
submit the grievance in writing to the Town Manager within five (5) working days
after the Department Head's answer is received. The Town Manager will render
a decision in writing to the employee within fifteen (15) working days after
receiving the appeal. The Town Manager's decision is final.
Harassment Policy
The Town of Danville strictly prohibits harassment on the basis of race, religion,
color, national origin, ancestry, handicap, marital status, pregnancy, medical
condition, sex or age of any employee by another employee or supervisor.
Allegations of such harassment shall be investigated promptly by the Town and, if
found to be true, may result in disciplinary action up to and including dismissal.
Prohibited actions~ under this policy include, but are not limited to the following:
no
Verbal Harassment - For example, epithets, derogatory comments or slurs
on the basis of race, religion, color, national origin, ancestry, handicap,
pregnancy, medical condition, marital status, sex or age.
bo
Physical Harassment For example, assault, impeding or blocking
movement, or any physical interference with normal work or movement
when directed at an individual On the basis of race, religion, color, national
origin, ancestry, handicap, medical condition, pregnancy, marital status, sex
or age.
Co
Visual Forms of Harassment - For example, derogatory posters, notices,
bulletins, cartoons, or drawings on the basis of race, religion, color, national
origin, ancestry, handicap, medical condition, marital status, pregnancy, sex
or age.
d.
Sexual Harassment - Unwelcomed sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature which is
conditioned upon an employment benefit, unreasonably interferes with an
individual's work performance or creates an offensive work environment.
Prohibitions against sexual harassment shall be applicable to both males and
females. (See Sexual Harassment Policy 11.8)
Informal Complaint Procedure
Any employee who believes that he or she is the victim of harassment should
promptly take the following steps:
a) The employee should inform promptly his/her department director or the
6
11.8
11.9
b)
c)
personnel officer.
The department director or personnel officer will investigate the complaint.
The purpose of the investigation shall be to determine if the behavior
constitutes harassment. In any investigation, confidentiality for both parties
shall be maintained to the maximum extent possible.
Should an investigation determine that prohibited harassment did occur,
suitable disciplinary action may be administered.
Sexual Harassment Policy
The Town of Danville is committed to providing equal employment opportunities
to all employees and applicants for employment without regard to their status in
a protected class and with respect to all terms and conditions of employment.
In support of this policy, the Town of Danville expressly prohibits sexual
harassment of employees or applicants. Improper interference with the ability of
our employees to perform their job duties will not be tolerated.
Specifically, the Town of Danville prohibits (i) unwelcome sexual advances; (ii)
requests for sexual favors; and (iii) all other verbal or physical conduct of a sexual
or otherwise offensive nature where: (a) submission to such conduct is made
either explicitly or implicitly a term or condition of employment; (b) submission
to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individuals; (c) such conduct has the purpose
or effect of creating an intimidating, hostile, or offensive working environment.
Complaint Resolution Procedure
If an employee experiences any job-related harassment, or has a related complaint,
or believes he or she has been treated in an unlawful, discriminatory manner, he
or she should promptly report the matter to the Personnel Officer. Upon receipt
of any such complaint, the Personnel Officer will undertake an investigation
ensuring confidentiality to the maximum possible extent. Should
the investigation determine that an individual has been harassing another
employee, disciplinary action, up to and including termination, will be taken
against the offending employee(s).
The Town of Danville expressly prohibits any form of retaliatory action against any
employee availing him/herself of the benefits of this procedure.
Flextime
The Town has a flextime program which allows employees additional days off
while maintainin8 the same number of work hours xvithin the pay period. The
11.10
11.11
11.12
program is administered according to federal law and participation in the flextime
program in no way compromises an employee's right to overtime pay for any
hours worked over 40 hours within the work period as required by federal law.
Emergency Procedures
Residents of Danville will be depending on us during an earthquake or other
emergency. Emergency procedures are activated when the Town Manager
determines an emergency exists. In an emergency situation, every attempt will be
made to maintain Town services at a normal level. All Town employees are
"emergency workers" and when an emergency is declared, all employees should
report to work at the designated "emergency operations center". Every Town
employee receives specialized training on their role in an emergency.
Political Activity
Under State law, any Town employee, while on the job, may not:
a.
b.
C.
Solicit money, influence, service or anything else of value for political
purposes;
Aid or promote any political cause or the nomination or election of any
person to public office;
Promote the adoption of a ballot measure or the recall of a public office
holder.
You are not restricted in your right to express personal political views and/or to
participate in ballot counting and election work when you are off the job.
Employee Assistance Program
The Town of Danville has established an Employee Assistance Program (EAP) to
help employees resolve a wide range of personal problems which can have a
negative effect on their job performance. Many such problems are best dealt with
individually by employees, by families, or with assistance from supervisors.
However, sometimes additional help is needed. The Town of Danville believes that
it is in the best interests of the employee, their family and the Town to provide
support services that lead the employee back to a fully productive personal and
work life. The Town of Danville recognizes that:
a.
Most problems can be successfully resolved provided that the problem is
identified early and proper assistance is obtained. This is true regardless
of the type of problem: financial, alcohol, drug, marital, family, etc.
b. Employees or their family members can access the EAP directly without
C.
d.
discussion with Town personnel by calling 462-6441.
When employee job performance, attendance, punctuality or dependability
is unsatisfactory and the employee appears to be unable to correct such
behavior, either alone or with supervisory assistance, he/she may be
referred to the EAP services.
This policy applies to all regular employees, regardless of their job class,
title or responsibilities.
The Town of Danville EAP provides that:
a.
Individual rights to confidentiality will be assured in the same manner as
any other health records. EAP records will not be part of the employees'
personnel file and will not be seen by anyone outside the EAP without
written permission from the employee. No information will be released
without written permission of the employee except when required by law,
i.e., child abuse, danger to others.
b.
No employee will have either job security or promotional opportunities
jeopardized by a request for help.
C.
The decision to request help, follow through with a referral and seek
treatment is voluntary and will be the personal responsibility of the
employee. The Town's responsibility is to publicize the availability of
assistance.
d.
Employees participating in the EAP will be required to meet existing job
performance standards. This policy does not replace existing management
policy, disciplinary procedure, or contractual agreements.
e.
The initial services to the EAP, three (3) for individuals, six (6) for a family
are free of charge to the employee. Referrals for additional assistance may
be covered by insurance, based on ability to pay, or
available through a community funded or self help organizations. Costs not
covered by the EAP contract are the responsibility of the employee.
f.
Any employee who wishes to continue on with an EAP counselor upon
completion of the contracted visits must do so on a self pay or insurance
paid basis. To protect the employees' interests and to avoid the appearance
of conflict of interest7 each employee will receive at least two other referrals
9
11.13
where he/she could receive similar services and will be required to sign an
informed consent form.
g.
All supervisors and management personnel are urged to suggest using the
EAP, and refer employees whose job performance is being impaired by
personal problems.
Release From/Return to Work Procedures
This procedure is to be followed whenever employees require release time to
comply with EAP recommendations for treatment. Confidentiality must be
protected throughout this process. Information is to be used only to arrange for
release time and return to work clearance.
Release from Work:
1) Employee seeks assistance from the EAP through a self or supervisory
referral.
2)
The EAP determines that an in-patient or residential treatment setting is
required that will necessitate the employee being absent from the job. The
EAP coordinates and precertifies the admission.
3)
When after duty hours notification is required the EAP will call the EAP
Coordinator or Personnel Officer and report that the employee will be out
on sick leave for the next shift. Notification must take place before 7:00
a.m.
4)
During administrative duty hours the EAP notifies the internal EAP
Coordinator of the admission and length of time required away from the
job.
5)
Internal EAP Coordinator notifies personnel to arrange for:
a) Use of sick leave or
b) Use of extended sick leave or
c) Use of vacation
d) Unpaid leave of absence
Return to Work Clearance:
1) Employees who have been absent from work due to treatment must meet
with the EAP prior to their return to work.
2) The EAP will generate a return to work form.
3) Return to work agreements for supervisory referrals must be formalized
10
11.14
11.15
prior to the employees return to work.
4)
The clearance form is delivered to the Internal EAP Coordinator (Personnel
Officer) by the employee when they return to duty.
Smoking Policy
The Town of Danville designates the entire Town Offices as well as any remote
Town Offices as a non-smoking area.
Drug and Alcohol Policy
Purpose. The Town of Danville has a strong commitment to the community and
its employees to provide a safe workplace and to promote employee health.
Consistent with this commitment, the Town developed this policy statement
regarding alcohol and drug use. Our goal is to establish and maintain a work
environment that is free from the adverse effects of alcohol and drug use.
Policy. While the Town of Danville does not intend to intrude into the private
lives of its employees, the Town does expect employees to conduct their work 1)
free from the influence of alcohol and other drugs; 2) in a condition to perform
their duties without presenting a hazard to themselves, their fellow workers, or the
community in general.
Procedures.
a.
The use of alcohol and/or other drugs which adversely affects an
employee's performance or jeopardizes the safety of other employees is
proper cause for disciplinary action up to and including termination.
b.
An employee on duty or on Town property who appears to be under the
influence or in possession of alcohol and/or other drugs may be removed
from the site and subject to possible disciplinary action pending
investigation. The EAP should be contacted immediately.
C0
Use, sale, or possession of alcohol and/or other drugs while on the job may
be subject to disciplinary action.
d.
Employees are expected to use prescription drugs responsibly, according
to medical directions, and within prescribed limitations. If an employee's
on-the-job performance is impaired by use of a prescription drug, it is the
employee's responsibility to report to the Supervisor and request sick leave.
11
Employee Responsibility. Employees are responsible for maintaining a work
environment that is free from the adverse consequences of alcohol and drug use.
They are responsible for adhering to the alcohol and drug policy and
entertainment guidelines. Activities involving alcohol or other drugs that affect the
employee's job performance or the public trust in the ability of the employee to
perform their job will be subject to disciplinary action, up to and including
termination.
Supervisory Responsibility. Supervisory employees are expected to be alert
for impaired job performance behavior that may be subject to the alcohol and drug
policy. The supervisor will be held responsible for taking appropriate and prompt
action in regard to employees who appear to fall within this policy.
When poor performance is assessed not to be a deficiency in skills or knowledge,
nor a serious action subject to immediate discharge, the supervisor is expected to
refer the employee to the Employee Assistance Program along with other corrective
action.
When an employee appears to be unfit for duty, the employee should be
immediately removed from the work site and the EAP should be contacted.
Caution must be used in releasing the employee from the work site. Alternatives
must be found to the employee driving.
Employee Assistance Program. Employees who are experiencing
problems with alcohol or other drugs may request Confidential assistance from the
EAP. Those employees initiating a request for assistance prior to receiving
disciplinary action for violating Town policy will not jeopardize their employment.
A request for assistance can be made directly to the EAP.
Use of the EAP will not affect Town policies nor result in exemptions from job
performance responsibilities. Active participation in the EAP or recommended
treatment will not exempt the employee from action for subsequent job
performance difficulties.
Use of the EAP and ongoing steps taken to remain alcohol and drug free may be
taken into consideration when evaluating disciplinary action to be taken for
violation of this policy.
12
11.16 Safety/Loss Control
1. Authority, Policy and Responsibility
Authority. Authority for programs to prevent accidents involving harm to
people and property with respect to the Town of Danville is provided by
law in the California Occupational Safety and Health Act of 1973.
Policy. It is the policy of the Town of Danville to prevent injuries to its
employees, protect its property from damage and to provide for the safety
of the public in connection with its operations and when using its facilities.
Responsibility.
Town Management Safety/Loss Control Responsibility. The Town
Manager exercises the authority of the Town for carrying out the provisions
of Federal, State and Municipal safety requirements placed upon the Town
by law. The Town Manager assigns the staff authority to, and responsibility
for, the effectiveness of the safety/loss control mission of the Town to the
Maintenance Superintendent or his authorized designee.
Staff Safety/Loss Control Responsibility. The City Attorney's Office provides
legal advice and serves the safety/loss control function on matters of law as
needed. Other staff managers participate actively in support of programs
to reduce operating errors and managerial oversights that produce
accidents/incidents, particularly when the causes fall within the area of their
program responsibilities.
Line Safety/Loss Control Responsibility. Concern for the safety of
employees and the public must ultimately rest with the Town who may
properly delegate the implementation to other managers. This
responsibility cannot be passed from one line official to another until it
becomes only the duty of the first line supervisor. The appointment or
formation of a "safety committee" to give advice and counsel on safety/loss
control matters does not relieve the basic responsibilities of any line
manager to safeguard employees and the general public from harm at all
times.
Department Heads Safety/Loss Control Responsibility.
Department/division heads, because of their position of authority, are a key
element in assuring that safety/ loss control programs are implemented.
The allocation of time and money ordinarily rests with this
level of management. Without these elements the first line supervisor's role
is hampered.
13
Supervisory Safety/Loss Control Responsibility. As the line manager closest
to the problems of operations, the line supervisor has an added duty to
seek out and correct work errors, mechanical defects, malfunctioning
equipment, substandard work conditions and unacceptable environmental
problems.
Employee Safety/Loss Control Responsibility.
Each employee must observe and follow all work directives and procedures
required for the tasks assigned orally or in writing, for his/her own
protection, the safety of fellow workers and for the well being of the public
who may become involved.
2. Mission and Organization
Mission. Safety/Loss control management has for its mission the
establishment of a Town-wide accident/ incident information system for
measuring and appraising performance problems. It identifies poor work
practices, inefficient work procedures, equipment deficiencies,
misunderstandings of procedure and policy, evidence of managerial
oversights and the like, having an adverse effect on the best utilization of
manpower, property and financial expenditures.
Span of Control. Safety/Loss Control management shall include the
following incident elements.
0
2.
3.
4.
5.
6.
On-the-job injury
On-the-job illness
Property damage
Motor vehicle damage
General liability exposures
Contract exposures
Organization. The following
established by the Town to
responsibilities and functions.
individuals and/or group(s) will be
fulfill designated safety/loss control
Safety Officer or Designee. Duties (assignments)
Attend meetings of Risk Management JPA
Act as Chairman of safety/loss control committee.
Develop and maintain policy and procedures for the conduct of the
safety and loss control program.
Counsel with department/division heads and employees on matters
relating to safety and loss control.
14
Be apprised of and conversant on new and current legislation
pertaining to safety and loss control. (Title VIII OSHA)
Assist departments in developing and administering department safety
policies and programs.
Upon request, aid and assist in the investigation of accidents and/or
injuries.
Assist in training of employees and supervisory personnel in accident
prevention, loss control and preparation of appropriate forms and
reports.
Safety/Loss Control Committee. Composition shall be composed of
employees appointed by department/division heads and supervisors. Listed
below are departments/divisions which must appoint a member.
_.
2.
3.
4.
5.
6.
7.
8.
Engineering Division
Parks/Leisure Services Division
Maintenance Services Division
Clerical
Office of Town Manager
City Attorney
Police Department
Building Services Division
Each Division shall appoint a committee representative and alternate.
Duties (assignments):
Provide interdepartmental coordination of safety and loss control
programs by an exchange of information and procedures.
Inquire into the advisability of new or improved safety and loss
control methods, protective devices or equipment and recommend
their adoption to the Town Manager.
Coordinate and maintain an effective safety training program in all
departments/divisions.
Review all accident reports and recommend effective action on
current accident producing condition.
Meetings. Shall be held monthly at a regularly scheduled time and place.
Safety/Loss Control Committee Member. Members shall be
appointed by department/division head or supervisor.
Duties (assignments):
· Consider all safety and loss control problems of the
department/division and report all problems to the Safety
Committee.
15
Conduct department/division safety and loss control inspections as
required.
Encourage employees to submit "Safety Memos" and communicate
safety information and foster safety awareness among all employees.
Seek means of producing safe practices and procedures.
Meetings. Department/Division Safety Control. Committee members
shall conduct a monthly safety meeting within his department/division at
regularly scheduled time and place and report topics and members present
to the Safety Officer.
3. Safety/Loss Control Program.
A.
Loss Prevention Program. In accordance with California's General
Industry Safety Order 3203, "Accident Prevention Program", the Town
of Danville will inaugurate and maintain an accident prevention
program which shall include, but not be limited to, the following:
A training program designed to instruct employees in general safe
work practices plus specific instruction with regard to hazards
unique to any job assignment;
Scheduled, periodic inspection to identify and correct any unsafe
conditions and work practices which may be found;
Department/Division Head Responsibility. Each department/division
head or authorized representative is responsible for the loss prevention
program in the department/division as it pertains to the enforcement of all
safety orders, rules and ordinances.
Supervisors Responsibility. Unsafe acts by employees shall immediately
be pointed out by the foreman and supervisors and the proper safety
procedure discussed. Unsafe acts by employees may be cause for
disciplinary action.
Suggestions regarding safety and loss control shall be given prompt
attention by foreman and supervisors. All safety suggestions shall be
immediately forwarded to the Safety Committee.
The Safety Committee shall make recommendations on any actions within
30 days of receipt of the suggestion. Safety Committee recommendations
shall be forwarded to supervisors and/or foremen and actions shall be
initiated within 10 days of receipt.
16
Employee Responsibility. Every employee shall follow all established
safety rules and practices. Employees shall report all unsafe working
conditions to the foreman or supervisor.
B. Accident Reporting and Investigation. Town Investigation Policy.
Investigation is required for, but not limited to, the identification of
human errors, condition defects, managerial oversights and other reasons
for accidents involving:
Any employee of the Town sustaining a traumatic injury,
occupational disease or death in connection with the authorized
performance of his/her work:
All known public injuries, fatalities and property damages in
connection with the Town operations or facilities when there is any
reasonable possibility of a tort claim action against the Town;
Any fire, regardless of cost, involving Town equipment, Town
structures or its contents.
Any motor vehicle involved in any accident while on Town business.
Accident Defined: An accident, for reporting purposes, is defined as an
undesired, unplanned event that results in Town financial loss, property
damage or actual personal injury.
Investigation Responsibility. Investigation of accidents is the immediate
supervisor's responsibility. All accidents will be investigated accurately,
reported completely and filed promptly.
1. Vehicular Accidents
a.
If an employee is involved in a traffic collision while operating
a vehicle for the Town, including collisions occurring outside
the Town limits, the employee must immediately notify
his/her supervisor and the Police Department with
jurisdiction in the area of the accident.
b.
The driver should preserve as much evidence of the accident
as possible. If a serious accident, do not move any evidence
before the Town Police Department can photograph and
document the conditions.
C0
The driver should provide all involved persons with his/her
name and department phone number but not discuss the
~ccidcnt.
17
.
d.
eo
f.
Bodily
a.
b.
Go
d.
The driver should obtain the names and addresses of all
available witnesses.
In all instances the department must complete and forward to
the Safety Officer a completed "Property and Vehicle Accident
Report" without delay. Property and Vehicle Accident Report
forms shall be kept within all Town vehicles.
An employee shall under no circumstances:
Admit fault or liability;
Commit the Town to pay for damages; or
Give statements to anyone not identified as a police
officer or authorized Town personnel.
Injury - Third Party
If any employee is involved in any type of accident while
working for the Town, which involves bodily injury to another
person, the employee must summon emergency medical aid
if such aid is necessary.
The employee shall immediately notify his/her supervisor and
the Police Department in the event of an injury. Pictures
and/or police reports shall be made in the event of a serious
injury.
The employee shall preserve as much evidence of the accident
as possible. If a serious accident, do not move any evidence
before a police officer can photograph and document the
conditions.
In all instances the employee must complete and forward to
the Safety Officer a completed "Property and Vehicle Accident
Report" without delay.
e.
An employee shall under no circumstances:
Admit liability;
Commit the Town to pay damages; or
Give statements to anyone not identified as a Police
Officer or authorized Town personnel.
18
3. Property Damage
ao
If an employee, including a contractor is involved in any
accident while working for the Town which results in damage
to OTHER person's property, NOT Town property, the
employee must notify his/her supervisor and the Police
Department immediately. The employee shall not leave the
accident scene until their supervisor has arrived.
bo
The employee shall determine the owner of the property and
if possible notify them of the accident.
C0
The employee shall supply the owner of the property with the
name and address of his/her department. If the owner of the
property cannot be located, the employee shall leave his/her
name and department/division phone number on the
damaged property.
d0
The employee shall obtain the names and addresses of all
available witnesses.
e°
The employee shall provide all parties with his/her name and
department/division phone number but not discuss the
accident.
f.
If there is major damage the department/division shall
immediately notify the Town Police Department so the damage
can be inspected and documented before it is altered.
g.
The employee shall complete a "Property and Vehicle Accident
Report" and forward it to the Safety Officer without delay.
h. A Town employee shall under no circumstances:
Admit fault or liability;
Commit the Town to pay for damages; or
Give statements to anyone not identified as a Police
Officer or Town authorized personnel.
4. Job Related Illness or Injury
If an employee ~u~tain~ et work related injury, an occupational illnc**
19
Co
or should die in connection with performance of his/her work, the
incident will be reported immediately to the employee's supervisor.
Please refer to section C of this manual for further details.
On the Job Illness and Injuries
Workers' Compensation. Employees of the Town of Danville are covered
under the Workers' Compensation laws of the State of California.
Benefits prescribed by law include, but are not limited to, the following:
Medical treatment;
Temporary disability payments;
Permanent disability
Rehabilitation.
Personal injuries on the job, however slight, must be reported to a foreman
or supervisor immediately.
Medical Services.
a. The Town will comply with the labor codes of the State of California.
b.
If employee refuses treatment, release must be signed or the refusal
documented.
c. An employee shall not be returned to his/her present position nor
be placed in a new position until medically approved for duty.
Transporting Injured Employees. If medical treatment is necessary or
requested, a foreman or supervisor will see that the injured employee is
provided prompt transportation for treatment to an appropriate medical
facility.
Reporting of Injuries.
a. All injuries shall be immediately reported to the supervisor.
b. Employee shall complete all forms.
c. The forms shall be routed to the Safety Committee for
recommendation.
20
Recovery and Rehabilitation Services.
a.
The Town shall endeavor to return a disabled employee to regular
duty as soon as possible after a job-related illness or injury.
b.
The Town shall endeavor to place full-time employees who have
become handicapped by illness or injury into jobs for which they
may qualify by previous training or experience.
C.
If it is determined by the attending physician that an injured
employee is capable of performing duties other than his/her regular
work during the period of recuperation, the employee may be given
a modified work assignment.
d.
Modified work assignments will be for a specific period of time as
determined by the attending physician.
Do
e.
Employees performing in modified work assignments will be paid at
their regular compensation rate unless it is determined by the
attending physician that they cannot return to their regular
classification because of physical limitations.
Follow Up Action Procedures.
.
Safety Rules and Regulations must be distributed to all employees
who shall sign and certify that they have received, read and
understood all rules and regulations.
.
A Review Board composed of 5 Safety Committee members will be
appointed to determine violations of rules and regulations, and
report findings to the department heads.
3. The Review Board will be convened in closed session at the
discretion of the Safety Officer.
.
In general, the Review Board will be convened when an employee
breaks a safety rule and causes injury to himself or others.
5. All employees shall report on the job injuries.
Eo
Safety Training. The training of employees in safe work practices and
methods is an essential clement in an effective Safcty/Los8 Control Program.
21
Fo
It is also required by State Law.
If necessary to assist the various departments/divisions in meeting their
training responsibilities, various resources will be made available through
the Town's Safety Committee.
Department/Division Head Responsibility. The ultimate
responsibility for safety training must lie with department/division head.
Departments/divisions must provide an atmosphere conducive to safety
consciousness.
Safety Committee Members' Responsibility. The Safety Committee
member shall act as the Department/division head's agent for conducting
and coordinating the departmental/division safety program. Departments/
divisions shall develop a training program designed to instruct employees
in general safe work practices as well as specific instructions with regard to
hazards unique to any job assignment. The intent of such training is to
insure proficiency in safe operation and procedures in all work
classifications in compliance with California Occupational Safety and Health
Act (Cal-OSHA).
Departments/divisions shall maintain a record of all training sessions
conducted. Such records shall be available for review by a Cal-OSHA
Compliance Officer.
It is the responsibility of the department/division to see that appropriate
motor equipment operation training is given and qualifying tests are taken
to ensure compliance with all State codes.
Supervisors' Responsibility. All foremen and supervisors shall hold
"tailgate" discussions periodically or before proceeding on a new job or
project.
No employee shall be assigned or authorized to operate any piece of
equipment, or perform any tasks, or participate in on-the-job training until
they have been properly instructed in the potential hazards associated with
the equipment. The department shall maintain certification that personnel
are "qualified".
Inspections.
Safety Committee Member Responsibility. Each department/division
shall schedule periodic inspections to identify and correct any unsafe
22
G0
condition and work practices which may be found. Such inspections shall
be conducted not less than once per quarter.
Each department/division shall prepare and maintain a "Safety Check Sheet"
form for each major operational area within their jurisdiction. Such a
Check Sheet shall contain a simple statement of the safety status of a
location, piece of equipment, housekeeping, etc., with a space to note the
safety status as satisfactory or needing correction. There shall be filed with
each inspection report, a schedule for correction of any items considered
not satisfactory. A completion notice shall be filed.
Copies of inspection reports shall be available for review by a Cal-OSHA
Compliance Engineer or the Safety Officer.
Protective Clothing and Equipment.
Supervisors Responsibility. All foremen and supervisors shall be
responsible for the proper use and maintenance of safety clothing and
equipment to comply with State safety orders or departmental safety rules.
Employee Responsibility. Appropriate personal protective equipment
must be worn by all personnel who are engaged in hazardous work.
l*
Head protection. (Reference: Section 3381,
General Industry Safety Orders). Employees,
volunteers and visitors shall be required to wear approved head
protection at all times:
a.
b.
C.
While in areas of construction, remodeling and/or repair;
When exposed to flying or falling objects and/or electric
shock and burns;
When departmental/division policy requires it.
Exceptions:
a0
b.
C.
d.
While in an enclosed cab or under a solid metal canopy of a
vehicle;
While on lunch or other break, providing the employee is
removed from any associated hazard of head injury;
While in an office or similar enclosed space unless posted as
a head protection area;
While travelling or walking within the corporation yard, except
for travel through designated head protection areasj
23
e
.
e.
As expressly permitted by department policy or an employee's
immediate supervisor in those specific situations where
conditions warrant.
Where there is a risk of injury from hair entanglement in
moving parts of machinery, employees shall confine their hair
to eliminate the hazard.
Eye and Face Protection. (Reference: Section 3382, General
Industry Safety Orders).
Approved eye and face protection devices shall be worn in
accordance with the above referenced General Industry Safety Order
as well as with the following:
a.
All employees, volunteers and visitors shall wear eye and face
protection at all times when machines or operations present
potential eye or face injury from hazards due to flying
particles, hazardous substances or injurious light rays.
Suitable screens or shields isolating the hazardous exposure
may be considered adequate safeguarding for nearby
employees, volunteers and visitors. Where exposed to
injurious light rays (welding operations) the shade of lens to
use will be in accordance with those listed in the General
Industry Safety Orders;
b.
Approved impact goggles or face shields are required, but not
limited to the following exposures: (Safety glasses may be
allowed in certain situations if prior approval is obtained);
When operating jack hammers, chippers, grinders, root
cutters, edgers, impact devices, powder activated tools,
Welding operations, dusting operations or operations
where flying material may present eye injury,
Certain work locations, as identified by departmental
authority, where eye protection is required will be so
posted.
Hearing Protection. (Reference Article 10b, Sections 5095-5099,
General Industry Safety Orders). Approved hearing protection
devices shall be worn by employees exposed to noise levels
exceeding the prescribed level established in the General Industry
Safety Orders (90db).
24
.
Employees shall be informed of the locations and situations where
wearing of ear protectors is required and shall be instructed in the
use of such protectors.
The Town will provide and replace as needed approved protectors.
It shall be the duty of the employee to properly use such equipment
provided for him/her and to exercise due care to keep same in
efficient and sanitary condition.
Respiratory Protection. (Reference: Article 108, Sections 5156-5159,
General Industry Safety Orders). All personnel exposed to harmful
dusts, smoke, fumes, mists, vapor, gases or oxygen deficiency must
be protected by adherence to the following standards, the State of
California Safety orders (Cal-OSHA) and the Federal Safety Standards.
Definitions.
Confined Space - shall mean the interior of storm drains, sewers,
vaults, manholes and any other structure which is similarly
surrounded by confining surfaces so as to permit the accumulation
of dangerous gases or vapors or where low oxygen levels may be
present.
Closed Vessel - any vessel (tank or pump pit, etc.) which has one
opening.
a. Atmosphere Testing
Prior to employee entry, the atmosphere within any closed
vessel or confined space must be tested with an approved
testing device to establish the presence or lack of explosive or
toxic gases and lack of proper oxygen level.
b.
Required Utilization of Approved Breathing Devices and
Special Requirements
Approved breathing devices are required at all times under
the following conditions when mechanical ventilation is not
available or effective:
When any hazardous gas is detected or the presence of
a foreign odor or irritation of the eyes occurs.
When low oxygen levels (below 19.5% by volume) are
present;
25
C.
d.
· When smoke or other gases make work hazardous.
In any confined space where it is suspected that harmful gas
may be generated or accumulated over the period of time
work is performed. Specifically but not limited to:
Sewer manholes which are not constantly mechanically
vented,
Water and sewer plant manholes
constantly mechanically vented,
Storm sewer pump pits which are
mechanically vented,
which are not
not constantly
When conditions so indicate that a hazard exists,
Whenever working in any closed vessel, breathing
devices are always required without exception.
Special Precautions
When required to use respiratory equipment at least three
workers shall be present:
A stand-by employee responsible for securing
emergency equipment if necessary and handling safety
line;
Respirator equipped second employee out of work
atmosphere.
· Respirator equipped worker performing the activity.
When it is necessary to enter a sanitary or storm sewer
manhole, at least two employees will remain above ground to
man the safety line. When a hoist or other similar mechanical
device is available to provide an effective means of retrieving
an employee from a manhole, an above-ground employee will
be deemed adequate.
In all other situations, when working in confined spaces, no
entry shall be made or work done without a trained second
worker available for emergencies.
Training. Each department/division is
responsible for insuring that employees receive adequate
26
He
o
Early
training in the use of testing equipment, respiratory protective
equipment and the implementation of this policy.
e.
Policy Summary. All confined spaces or closed vessels shall
be tested with testing equipment for such use prior to entry
or work.
If dangerous gas, vapor or low oxygen content is found prior
to entry, the atmosphere will be made safe by mechanical
venting or approved respiratory protection equipment shall be
worn as required by the policy.
The atmosphere of any confined space shall be constantly
monitored by approved testing devices except in the case of
utilization of respiratory protection equipment unless the
atmosphere is found to contain potentially explosive mixture
of gases, in which case the exception is void.
Hand Protection. (Reference: Section 3384, General Industry Safety
Orders).
Approved hand protection shall be worn by all employees when
exposed to hazardous substances, burns, cuts, punctures or other
hazards in the course of their duties. Loose cuff-type gloves will not
be permitted around machinery.
Mechanical safeguard shall be provided on all equipment as per
Cal-OSHA standards which expose employees to pinch point or
traumatic injuries.
Warning and Visual Protection.
Warning Vests- Any work that is performed in areas
subject to vehicular traffic or any activity exposing an employee to
vehicular traffic will require that an approved warning vest or an
approved orange shirt or jacket be worn.
Barricading - All work in the public right-of-way shall conform with
the barricading rules set forth in the State of California Manual of
Traffic Control.
Traffic Cones - Whenever a service vehicle is parked at the curb,
prior to performing any work, the operator will set out a minimum
of two traff~c cones. They will be placed on the traffic side at the
front and rear of the vehicle. The cones will remain in place until
just prior to leaving the work site.
27
A service vehicle is defined as any vehicle which is used to haul
tools, materials or any items necessary to perform one's purpose in
being at any certain location. It is a vehicle whose function is more
than that of providing transportation to a given location and is
considered to provide support to the work function.
EMPLOYEE WORK RULES
Written safety rules shall be provided to all employees. Safe working practices
applicable to special department/division operations shall be the responsibility of
each department/division. Efforts will be made to see that all employees
thoroughly understand such rules and are adequately instructed in the safest
method of performing their duties.
28
AUTHORITY
RESOLUTION NO. 47-83: A RESOLUTION OF THE DANVILLE
TOWN COUNCIL ESTABLISHING PERSONNEL POLICY GUIDELINES
RESOLUTION NO. 111-89, AMENDING RESOLUTION 47-83
RESOLUTION NO. 106-91, AMENDING RESOLUTION 111-89
73