Athens City Code

This article shall provide authority for establishing and administering the occupational safety and health program for the employees of the city.

(Code 1972, § 1-1401; Code 1995, § 4-301; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

The city, in electing to update its established program plan, will maintain an effective occupational safety and health program for its employees and shall:

1. (1) Provide a safe and healthful place and condition of employment that includes:
   1. (a) Top management commitment and employee involvement;
   2. (b) Continual analysis of the worksite to identify all hazards and potential hazards;
   3. (c) Development and maintenance of methods for preventing or controlling existing or potential hazards; and
   4. (d) Training for managers, supervisors, and employees to understand and deal with worksite hazards.
2. (2) Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees.
3. (3) Make, keep, preserve, and make available to the state commissioner of labor and workforce development, his designated representatives, or persons within the state department of labor and workforce development to whom such responsibilities have been delegated, adequate records of all occupational accidents and illnesses and personal injuries for proper evaluation and necessary corrective action as required.
4. (4) Consult with the state commissioner of labor and workforce development with regard to the adequacy of the form and content of records.
5. (5) Consult with the state commissioner of labor and workforce development, as appropriate, regarding safety and health problems which are under a standard promulgated by the state.
6. (6) Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this program, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health.
7. (7) Provide for education and training of personnel for the fair and efficient administration of occupational safety and health standards and provide for education and notification of all employees of the existence of this program.

(Code 1972, § 1-1402; Code 1995, § 4-302; Ord. No. 872, 12-19-2000; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

The provisions of the occupational safety and health program for the employees of the city shall apply to all employees of each administrative department, commission, board, division, or other agency of the city whether part-time or full-time, seasonal or permanent. These provisions exclude any employee, department, commission, board, division, or other agency of the city school system.

(Code 1972, § 1-1403; Code 1995, § 4-303; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

The occupational safety and health standards adopted by the city are the same as, but not limited to, the state occupational safety and health standards promulgated, or which may be promulgated, in accordance with the Occupational Safety and Health Act of 1972, T.C.A. title 50, ch. 3.

(Code 1995, § 4-304; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

The city may, upon written application to the state commissioner of labor and workforce development, request an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with rules of the state department of labor and workforce development, Tennessee Comprehensive Rules and Regulations 0800-01-03 (formerly 0100-03), as authorized by T.C.A. title 50. Prior to requesting such temporary variance, the city shall notify or serve notice to employees, their designated representatives, or interested parties and present them with an opportunity for a hearing. The posting of notice on the main bulletin board as designated by the city shall be deemed sufficient notice to employees.

(Code 1995, § 4-305; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

For the purposes of this article, the city manager is designated as the director of occupational safety and health to perform duties and to exercise powers assigned so as to plan, develop, and administer the city. The director shall develop a plan of operation for the program and said plan shall become a part of this article when it satisfies all applicable sections of the Tennessee Occupational Safety and Health Act of 1972, T.C.A. title 50, ch. 3, and part IV of the state occupational safety and health plan.

(Code 1995, § 4-306; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

Sufficient funds for administering and staffing the program pursuant to this article shall be made available as authorized by the city.

(Code 1995, § 4-307; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)