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HomeMy WebLinkAboutMINUTES - 12241973 - COB BOX 69 STATE OF CALIFORNIA—HEALTH AND WELFARE AGENCY EDMUND G.BROWN JR., Governor DEPARTMENT OF HEALTH 714-744 P STREET 916-322-6122 -m j SACRAMENTO, CALIFORNIA 95814 April 14, 1977 Contra Costa County Health Department P.O. Box 871 Martinez, CA 94553 Re: Contract Number 76-56726 Dear Sir: The enclosed contract has been approved by the State and should be retained as your record of this agreement. For program matters and for submission of invoices, please contact Department of Health, Occupational Health Branch, 415-843-7900, 2151 Berkeley Way, Room 510, Berkeley, CA 94704. RECEIVED Sincerely, APRw 1977 1 I LSSON CLERK POA o 0O JP'cRVI50RS Allan R Chinn ^ 0'`'^ Contract Analyst B — - Enclosure cc: OHB I`VE HAS 1209 (6/75) d P R 15. 10:17 it iv,IAN 1 I " e ❑ CONTRACTOR T`•>'„NJ�A"RD AGREEMENT — ATr--16EDY GBY'ENIERAL � ❑ STATE AGENCY ",'i A'rE OF,C ALIFO RNIA I❑J DEPT. OF GEN. SER. 2 (REV. 11/751 ❑ CONTROLLER THIS AGREEMENT, made and entered into this 16-th,day of November 19 76 ❑ in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting ❑ TITLE OF OFFICER ACTING FOR STATE Ie ,.AGENCYUMBER N Financial Management Services Department of Health 76-56726 hereafter called the State, and Contra Costa County(Health Department) 29 — 223 - 1 hereof ter called the Contractor. also called "the local agency" in Paragraphs 6 and 15 below] - WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor,arnount to be[mid Contractor,time for perfonnonce or completion,and attach plans and specifications,if any.) 1. The contractor agrees to develop and complete plans for a model contract to be adapted for use with minor modification for all local agencies which may be interested in participation in the occupational health aspects of the Cal/OSHA Progratm. 2. The contractor will carry this out by: a. Surveying present levels of occupational health services in local health departments. Survey will include interviews, data collection, observation, review of existing local agency contract proposals and, other appropriate methods. b. Review and propose revisions for the following items to make them applicable to the + funding and approving agencies: (1) The November 27, 1973, guidelines for local health agencies participa- tion in the Cal/OSHA Program. (2) The proposed contract betweet`j the Department of Health and Loss APPROVED County. JOHN O. CAZEN County Counsel The provisions on the reverse side hereof constitute a part of this agreement: (continued) a ue 1COSettilary Matossiarl IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first STATE OF CALIFORNIA CQNTRACTOR AGENCY ".N TR TO IF OTHER N A., �,VDIVIDUAL, STATE VIHETHEn .a CORPORATION Department of Health R*NE HIP ont Costa Cou y ea7_tli Department) BY (AUTHO S G RE - 1 D. YOCke (A ORI - TURE) © �( v VIJ; N. Boggess TITLE TLE Assistant Chief, FinanC 1 Management Branch Chairman, Board of Supervisors ADDRESS LC ONTINUF_D ON 7.. SHEETS, EACH BEARING NAME OF CONTRACTOR) 651 Pine Street, Martinez, CA 94553 _ AMOUNT ENCUMBERED APPROPRIATION FUND Department of General Services ,$ 12,000 SUPPORT _ GENERAL _ (\ /I UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR FORM1 /POLICY R ,ar l 202 320 l 197't' 1974-77 Department of Gen.ral 5-rvices ADJ. INCREASING ENCUMBRANCE FUNCTION A P P r � V E 0 eratin& Expenses and Equipment ADJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT APR 8 1977 807-260-44-SSI D o - I hereb certify upon my own pe Banal knowledge thet budgeted fund T.B.A. NO. are avni able for the . iod and uq'Ise of tli��exp odi ture stated abave. BY ^ w � SIGNA URE OF AC NTIN OF ICER DATE. Asst.Chief Counsel 1 h y certify that oil con itlons far esemP ton set forth in Slide Administrative Illanuul Section i2o9 ove been complied with and this document is exen)pt from review by the Deportment of Finance. )SIGNAv F FI ENING ON BEHALF OF THE AGENCY DATE 1nTj > MAR 4 - 9 CONTRA COSTA .COUNTY(HEALTHOARTMENT) Wontract Number 76-56726 Page 2 (3) The scope of work addendum. (4) The draft memorandum of understanding which describes relationships between local health agencies, the Department of Health, and the Department of Industrial Relations. 3. The above activities shall result in the development of a model contract for local health agency provision of investigative and/or consultative occupational health services. 4. The contract shall address such key issues as relation of local agency programs to the State program, required levels of laboratory support, required reporting mechanisms, provision of services on an equal basis to employer and employee, and other specifics detailing local agency programs and responsibilities under a formal contract. S. The minimum capability criteria available at the local levels for performance under a contract shall, be developed. Procedures for the Department of Health to evaluate local programs shall be included. 6. The State Shall: , a. Cooperate with the local agency by making documents, files, and personnel available for review and consultation to meet the objectives of this contract. b. Make necessary appointments with Federal, State, and local agencies for meetings, materials, and assistance in furtherance of this contract. 7. The attached exhibit A entitled In the Board of Supervisors of Contra Costa County, State of California, consisting of one page is made a part of this agreement by this reference. 8. Dr. Orlyn Wood is designated the Project Director. The State reserves the right to approve any substitute Director. 9. his. Diary Shinoff, Occupational Health Branch, is designated the Departmental Project Coordinator. Any and all. references to a department contract officer within this agreement and its exhibits, shall refer to the Departmental Project Coordinator. 10. The State reserves the right to .use and produce all reports and data produced and delivered pursuant to this contract, and reserves the right to authorize others to use or reproduce such materials. 11. The contractor shall submit a progress report in writing at least once a month to the Project Coordinator. Said progress report shall include, but not be limited to, a statement that the contractor is or is not on schedule, any pertinent reports or interim findings, and an opportunity to discuss any difficulties or special problems so that remedies can be developed as soon as possible. In lieu of a written report, the contractor and Project Coordinator may meet and discuss the above matters in person. In either case, the written report or meeting must be I -CONTRA COSTA .COUNTY'(HEALTH PARTMENT) Contract Number 76-56726 page.2 (3) The scope of work addendum. (4) The draft memorandum of understanding which describes relationships between local health agencies, the Department of Health, and the Department of Industrial Relations. 3. The above activities shall result in the development of a model contract for local health agency provision of investigative and/or consultative occupational health services. 4. The contract shall address such key issues as relation of local agency programs to the State program, required levels of laboratory support, required reporting mechanisms, provision of services on an equal basis to employer and employee, and other specifics detailing local agency programs and responsibilities under a formal contract. 5. The minimum capability criteria available at the local levels for performance under a contract shall be developed. Procedures for the Department of Health to evaluate local programs shall be included. 6. The State Shall: a. Cooperate with the local agency by making documents, files, and personnel available for review and consultation to meet the objectives of this contract. b. Make necessary appointments with Federal, State, and local agencies for meetings, materials, and assistance in furtherance of this contract. 7. The attached exhibit A entitled In the Board of Supervisors of Contra Costa County, State of California, consisting of one page is made a part of this. agreement by this reference. 8. Dr. Orlyn Wood is designated the Project Director. The State reserves the right to approve any substitute Director. 9. Ms. Mary Shinoff, Occupational Health Branch, is designated the Departmental Project Coordinator. Any and all references to a department contract officer within this agreement and its exhibits, shall refer to the Departmental Project Coordinator. 10, The State reserves the right to .use and produce all reports and data produced and delivered pursuant to this contract, and reserves the right to authorize others to use or reproduce such materials. 11, The contractor shall submit a progress report in writing at least once a month to the Project Coordinator. Said progress report shall include, but not be limited to, a statement that the contractor is or is not on schedule, any pertinent reports or interim findings, and an opportunity to discuss any difficulties or special problems so that remedies can be developed as soon as possible. In lieu of a written report, the contractor and Project Coordinator may meet and discuss the above matters in person. In either case, the written report or meeting must be CONTItX 'COSTA COUNTY (HEALTH 'ARTMENT) *ntract Number 76-56726 Page 3 consummated on or before the fifteenth of each month following the first month of this agreement. j 12. The contract will commence on or about Jan. 1, 1977, and terminate four months later on April 30, 1977. 13. The attached Fair Employment Practices Addendum (Standard Form 3) by reference hereto is incorporated as part of this contract. 14. The contractor agrees that any and all travel and per diem paid its employees under this agreement shall be at State Board of Control rates then in effect. No travel outside the State of California shall be authorized under this agreement. 15. A Fee For Services contract procedures will prevail, with the local agency sub- mitting a proposed budget indicating staff time, job title, monthly salary for each position, as .well as operating expenses, including communications, rent, travel, general expenses, and any other anticipated expense categories. Due to the limited time and funding available to this contract, the local agency will not keep or submit time or expenditure records to the funding agency. The products of this service -- as indicated in the time phasing paragraph above -- will be con- sidered the document of expenditure. (See attached Exhibit B which is made a part of this agreement by this reference.) 16A. The contractor will be paid after review of documents 1st report, 1st, 3rd - $4 ,000 minus $1,000 to be withheld pending satisfactory completion. of entire contract. B. Survey of local health agencies 2nd report, 2nd, 3rd - $4,000 minus $1,000 to be withheld as stated above. C. Model Contract 3rd and final report, final payment $6,000. 17. All reports invoices or other communication are to be delivered to the Project Coordinator, Department of Health, Occupational Health Branch, 2151 Berkeley Way, Berkeley, California, 94704. 18. The balance of $6,000 shall not be paid until after April 30, 1977, and after the contractor has complied with all conditions of the contract in a manner acceptable to the State, upon submission of an invoice in triplicate stating the time period covered to the Project Coordinator at the address listed in paragraph 17. 19. The total amount of this contract shall not exceed $12,000. ADDITIONAL PROVISION: 20. It is understood by the parties hereto that the plans for a model contract to be developed by the County shall only relate to the technical, administrative, and financial parameters of a contract, which the State may complete and promulgate. It is understood that the County is not providing legal services or a legally sufficient contract, but is merely assisting in the development of said parameters of a model contract. Approval Initials if / St to County In the Board of Supervisors of Contra Costa County, State of California li May �51 , 19 _Z7 In the Matter of Standard Agreement 429-223-2 with the State Department of Health to amend the term of the original agreement for the provision of Technical Assistance to the State on the CAL/OSHA Program IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Standard Agreement #29-223-2 with the State Department of Health (State 076-56726-A-1) in order to change the term of the original agreement to the new period from April 8, 1977 through August 31, 1977 and under terms and conditions as more particularly set forth in said agreement. PASSED BY THE BOARD on May 31, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Human Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County 'Administrator affixed thisJ1stday of May 19 County Auditor-Controller County Health Officer State Dept. of Health / J. R. OLSSON, Clerk , � Deputy Clerk Mai ine M. e f d 1 SD:dQ H -24"3/76 15m F\ / ❑I CONTRACTOR STANDARD AGREEMENT — APTO-YD GENEBy HRAL _ STATE AGENCY STATE OF.CALIFORNIA • 1J STR. 2 (REV. 11/75) ❑ DEPT. OF GEN. SER. ❑ CONTROLLER (' THIS AGREEMENT, made and entered into this 22nd day of April 1977 ❑ in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting ❑ TITLE OF OFFICER ACTING FOR STATE AGENCY NUMBER Chief, Program Services Br ch Department of Health 76-56726-A-1 hereafter called the State, and - i Contra Costa County(Health Department) 29 _ 2 2 3 _ 2 hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,time for performance or completion,and attach plans and specifications,it any.) 1. In that certain agreement between this Department and Contra Costa County (Health Department) , dated November 16, 1976, and approved on April 8, 1977, by the State Department of General Services: Paragraph 12 is amended to read as follows: 1112. The contract will commence on April 8, 1977 and terminate on August 31, 1977.11 Paragraph 9 is amended by substitution of the name Danny Milligan for the name Ms. Mary Shinoff. Paragraph 18 is amended by the substitution of August 31, 1977 for April 30, 1977 2. The effective date of this amendment is April 22, 1977.• 3. All other terms and provisions of said contract shall remain in full force and effect. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR: , AGENCY CONT �C TOR (IF O R THAN AN INDIVIDUAL, STATE WHETHER A CORPORATION i PART RSHI ETC. Devartment of Health _ tr4f C County Department) BY (AUTH ORI D SIGNATU15I - V 1 TH D NATURE) r ► r �,( � ► ' a N. Boggesa GI vluyn,�r mc,L 11r_ yya.:a emenf zIsc Ion, on - __., 2 1 1977 TITLE Edv�ard E TTM Uv a TITL M_AY 'J i / Chief Program Services Branch Chairman, Board of Su rvisors ADDRESS (CONTINUED ONSHEETS, EACH,BEARING NAME OF CONTRACTOR) 651 Pine Street, .Martinez,. CA 94553 AMOUNT ENCUMBERED APPROPRIATION FUND Department of General Services Use ONLY,. E _ SUPPORT GENERAL , UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR 282 . 320 1976' 1976-1977• ' ADJ. INCREASING ENCUMBRANCE FUNCTION Operating Expenses and Equipment ADJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT 807-260-44-00 7hi8CootreatE". FM 1 hereby certify upon my own personal knowledge that budgeted fund T.B.A. NO. B.R. NO. De �� d are:available for the period and purpose of the expenditure stated above. APPr val POr SAM 1206 SIGN UR F ACCOUNT OFFICER DATE /fes `W ► 1 hereby certify that all conditions for exemption set forth in State Administrati�Manual�ction 120'9 7/-7/7 have barn complied with and this document is exempt from review by the Department of Finance. SIGNATUR C IG ING BEHALF OF THE AGENCY DA ► Microfilmed with �f 1 r In the Board of Supervisors of Contra Costa County, State of California January 25 , 19 77 r _ In the Matter of Standard Agreement 129-223-1 with the. State Department of Health for Provision of Technical Assistance to the State on the CAL/OSHA Program The Board having authorized the County Health Officer on August 31, 1976, to enter into contract negotiations with the State Department of Health for an - agreement to allow the County Health Department to provide technical assistance to the State for the development of occupational health services under the California Occupational Safety and Health Act (CAL/OSHA) , IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED-to execute Standard Agreement 429-223-1 with the State Department of Health (State #76-56726) for the term from January 1, 1977, through April 30, 1977, with a payment maximum of $12,000 for the County Health Department to provide technical assistance to the State for the development of certain aspects of a model contract for use by the State in its CAL/OSHA Program, and under terms and conditions as more particularly set forth in said Agreement. PASSED BY THE BOARD on January 25, 1977. i I i 1 hereby certify that the foregoing is a true and correct copy ofan order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig: Human Resources Agency j Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this25th day of January 1977 / f County Auditor-Controller County.Health Officer State Dept. of Health J. R. OLSSON, Clerk Deputy Clerk Maxine M. Neufel/dI RJP:dg H - 24 3/76 15m 1h the Board of Supervisors o� Con'rra Costa County, Stats or Co;irornia In the Matter of Au. _h.orization to Submit a Funding 'rroposal to the State Department of health For the Development of Oxupational Health Services Under CAL/OSHA The Board having considered the recommendation of Dr. Orlyn Wood, County Health Officer, regarding the request of the State Department of Health for proposals to provide technical assistance to the State for the development of occupational health services under the California_ Occupational Safety and Health Act (CAL/OSHA) , IT IS BY THE BOARD ORDERED that Dr. Orlyn Wood is AUTHORIZED to submit a proposal for approximately $12,000 in State funding to allow the County Health Department to provide such technical assistance to the State, and IT IS FURTHER ORDERED that Dr. Wood is AUTHORIZED to enter into contract negotiations with the State Department of Health to secure said funding. PASSED BY THE BOARD on August 31, 1976. UI•JiSi�y J� Cfly;R5NF-';E;` L HEAL TO—; {.417;x' —u!'i bl�s . r c; ID� L SFP 1976 i cuun, I her"' y certify that the foregoing is a true and correct copy of on ordar ent�rad on tha niaetes of said Board of Supervisors an the dote cforesoid. Witness my hand and ;he S-a) of the Board of Orig: Human Resources Agency Supervisor:, Attn: Contracts & Grants Unit cc: County Administrator afnxed thi331stday of_ A, ,. 117',- 19 ZE County Auditor-Controller /County Health Officer (� J. R. JtSSOM, Clerk Depul-/ Clerk t-iaxine P.3?:dg LOCAL SEAL 7f AGE - CAL/0,): CO'IT?11C i Prcnosei '' zd et 13-r Line item Personnel Services Equiv. Monthly P.Y. + F.rs/'.ro Sal Subtotal Total. Occupational Eealth Progra:. Coordir_ator 0.16 72 $2051 $4102* L.ternedi ate Typist Cleric 0.16 72 881 1762* TecI-Ldcal Assistant 0.25 176 1100 3300 Total Salaries & Wages $9164 Staff Bene_"iis and Overhead -. 20,40 1196* /�,,v $10,360 O .. erate E.:---er,s es Travel Ln-:tate 1.000 Ofl_ce- Stationery and Miscellaneous 600 Subtotal $1600 Tota? Bud=-elEst_M-te $11,960 "*Staff benefits and overhead are added crly for full tire Permanent emaloyees. + = Person Year FAIR EMPLOYMENT PRACTICES ADDENDUM 1. (n fl;e }n r(rnr.carce of Ilcis run!r:ca, Ihe Contr,u:lor mill not ;liscriiuin;cte •a ;;ainsl any employee or appliecual for emplovnu,nl because of race., color, religion, ancestry, tial\*, ago*, national origin, or Ichvsic:cl handicala`. 'I he Conlraclor will lake affirmative action to onsure that appli- cants arc emlaloved, and Ilial cmpfo.yees aro freated during employment. without regard to fhcir race, color, religion. .uu:eslry, sex*, ;age',, national origin, or physical handie:ap*, Such action shall inc:tude, Intl not he limited to, the following: vmploymenl, upgrading, demotion or transfer: rfnxllilmenl or recruilnn!nl adverlisin.o; layoff or termination: rates of pay or other forms of Com- . 1wrisalion; and seleclion for training, including apprenticeship. 'I'll(! Contractor shall post in Conspicuous places, available to employees and applicants for employment, notices to he pro- vided by Ihe State selling forth Ihe provisions of this Fair F:mploynlent Practices section. '. The Contractor will permit access to his records of employment+ employment advertisements, application fol-Ills, and other pertinent dat,c and records by the State Fair Employm(:nl Practices Commission, or any other agency of the State of California designated by the awarding authority, for Ihe purposes of investigation to ascertain compliance with the Fair Employment Practices suction of this contract a. Retnodics for Willful Violation: (a) 'file Stale play determine a .willful Violation of the Fair F,mploynlent Practices pro- vision to fiave occurred upon receipl of a final judgment having that effect from a court in an'action to which Contractor was it party, or upon receipt of it written notice from the Fair Employment Practices Commission that it has investigated and deter- mined that the Conlraclor has violated the Fair Employment Practices Act and has issued an order, wader labor Code Section 9426, which has become final, or obtained an injunction under labor Code Section 1429. (b) Fur willful violation of this Fair Employment Practices provision, the State shall have file right to terminate this contract either in whole or in part, and any loss or damage sustained by tilt: State in securing the goods or services hereunder shall be horne and paid for by the Contractor and by his surety under the performance bond, if any, and thIv Slate may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the conirnc:t and the . actual cost thereof to the State. *Sec Ial+ur(:ode Sections 1411 - 143Z.5 for further details. STD.3 lRev. 111 i4) 1 � ! � � :.. RE C. L I V E D N 0 V 2 4 1976 Administration BuildingJ. R, .ION Mart-Inez, California CLERIC BOAR - SUPERVISORS CON CO$TA CO. BY............. .... .....................Deputy Date: November 22, 1976 TO: SAFETY COORDINATORS Howard E. Brownson, County. Safety Officer, Safety Division FROM: Safety Coordinators Meeting - December 8, 1976 SUBJECT: The next Safety Coordinators meeting is scheduled for Wednesday - December 8, 1976 at 9:00 a,m, in rooms 1 and 2 of the Gordon Education Center in Martinez. The Agenda will include: 1. First Aid/CPR course design - Bob Eisenman, Health Department 2. First Aid supply ordering - Al Schulze, Auditor' s Office 3. Body Mechanics - setting up a training course - Gene Morel Medical Services 4. Pesticide use - Jack deFremery - Agriculture 5. Department Safety Organization reports by all present 6. 1 Discussion of safety posters, shop signs, supervisor newsletter. Following is a recommended new state safety order which is expected to be adopted by CAL/OSHA in 1977. Section 3203 - Accident Prevention Program A. Every employer shall inaugurate and maintain an accident prevention program which shall include, but not be limited to, the following: 1. ' A training program designed to instruct employees in general safe practices plus specific instruction with regard to hazards unique to any job assignment. 2. Scheduled periodic inspections to identify and correct any unsafe conditions. and work practices which may be found. . . . HEB:jen AY63 In the Board of Supervisors of Contra Costa County, State of California August -U , 19 In the Matter of Authorization to Submit a Funding Proposal to the State Department of Health For the Development of Occupational Health Services Under CAL/OSHA The Board having considered the recommendation of Dr. Orlyn Wood, County Health Officer, regarding the request of the State Department of Health for proposals to provide technical assistance to the State for the development of occupational health services under the California Occupational Safety and Health Act (CAL/OSHA) , IT IS BY THE BOARD ORDERED that Dr. Orlyn Wood is AUTHORIZED to submit a proposal for approximately $12,000 in State funding to allow the County Health Department to provide such technical assistance to the State, and IT IS FURTHER ORDERED that Dr. Wood is AUTHORIZED to enter into contract negotiations with the State Department of Health to secure said funding. PASSED BY THE BOARD on August 31, 1976. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Ori,g: Human Resources Agency Supervisors Attn: Contracts & Grants Unit cc: County Administrator affixed thi331stday of-August 19 Y-6- County Auditor-Controller County Health Officer J. R. OLSSON, Clerk ByZ /J" Deputy Clerk a ne M. Neu e d RJP:d g H - 24 3/76 15m i rus��liir1 lit tnicli«ivi 3(.S 2-15--7 Contra Costa County , "EXIiIBIT A" OCCUPATIONAL HEALTH PROGRAM OBJECTIVES : `m -� The Occupational Health Section was initiated to serve - as a unit of the Division of Environmental Health within the .. . .County Health Department ; to promote the study, evaluation and control of environmental stresses arising in or- from the workplace or its products in relation to the health and well- being of workers and the public; to increase the knowledge of industrial and environmental health through interchange and disemination of informaion and ideas among individuals in work places , community groups and officials , management repre- __..-.- sentatives and other concerned agencies. FUNCTIONS AND- RESPONSIBILITIES : - To meet the above mentioned objectives and to promote an active occupational health program the occupational health personnel within this department shall be responsible for a conducting the following basic elements of an occupational health program: 1. Maintain updated records of current programs , . . . operations , activities and services . These should include : preparation of a yearly budget ; develop and review the county occupational safety .and health program, keeping it updated relevant to the current standards and county needs ; maintaining occupational safety and health statistics for the county ; main- taining updated plant folders or indexed records for places of employment_ in the county. 2. Periodic evaluation of occupational safety and 'health_, as well as sanitation conditions in places of empley- ment will be conducted utilizing the Federal Occupa-- ___.___. tional Safety and Health Act Standards , the State of California' s Division of Industrial Safety ,,- General Industry Safety Orders , the California State Depart _ 'rent of Public Health publication, "Standards of Sanitation in Places of Employment" and all other i applicable local ordinances , standards and codes . 3: When further specialized consultation is required, the problem- will be referred for investigation or action to the .California Department of Public Health , -Bureau of Occupational Health, or to the Department of Industrial Relations , Division of Industrial Safety , or to the appropriate public o private agency. ' 4 . Investigate selected O.D. ' s CDoctor's Ffrst Report of Work Injuries) to determine facts relevant to Occupational Hem_ h Program Page 2 / causation of occupational diseases reported. After consultation with Health Officer, Public Health Medical Officer, or Occupational Health Physician, report findings to California State Department of Public Health, Bureau of Occupational Health; provide the necessary studies or request industrial hygiene �• •• studies, and prepare written recommendations for correction of hazards where indicated. 5'. Within a reasonable time , visit and survey each industry or plant in the county with known or sus- _ . petted health hazards . Visits should be related - - also to the number and severity of O.D. 's reported for each plant or business , then provide periodic revisits and studies at a frequency related to the risk of the known hazards . 6. Acquaint management of industries with services available from the County Health Department and other public agencies . This should include general public health as well as occupational safety and health services . In addition, consultation shall be provided to industrial doctors and nurses , as well as to local physicians . 7. The specialized personnel of the Occupational Health Section will perform highly technical environmental • evaluations , to render judgment regarding health hazards , to assist with engineering control designs , and to provide other services and activities , such as : (a) acting as liaison between in-plant industrial hygiene personnel or management , and the health department . (b) providing industrial hygiene engineering, physi cal and toxicological advice , .consultation and assistance , to the medical and nursing profession , management and unions . (e) " keeping plant management , safety personnel , ` " architects , chemists , research development professionals and others alerted to recurrent and new occupational health hazards likely to be encountered in their work. (d� actively promoting preventive engineering pro- grams in the occupational environment by review- ing preconstruction blueprints and remodeling plans , designing new process flow-charts , etc . "EXHIBIT B" Inventory of Contra Costa County Population, Employees and Business Pattern. County Population 556,000. 1970 Census. County Employment and Business Patterns- No. of Reporting Merit No. of Total Reporting by Employee Size Industry Employees Business Units 1-19 20 & over 'atal 96,912 7,118 6,375 7113 Lgricultural-Services _ . ____ -_378 103 102 l ti� lining 223 . 13 10 3_ . :ontract Construction 8,592 7811 695 89 _-_ 'flanufacturing 27,908 425 264 .161 Transportation and other Public Utilities 611862 254 210 44 Wholesale Trade 43608 330 288 42 Retail Trade 25,345 2,120 1,903 217 Finance, Insurance, and Real. Estate .4,875 581 _._ 536 . . 45 Services 17,712 2,412 2,274 138 Unclassified Establishments 409 96 93 3 Abstract from County Business Patterns 1970 U.S. Department of Commerce . r r • '� CONTRA COSTA COUNTY Division'of '%vironmental Health P.O. Box 871 Martinez, California EXHIBIT "C" PROFESSIONAL STAFFING* CONTRA COSTA COUNTY OCCUPATIONAL HSALTH PROGRAM NAI-TE L. POSITION TIME INPUT EXPE?SENCE T.M. Gerota, P.H.E. , Chief Division of Environmental Health Part-time 28 years" P.H. Engineering Rafat A. Shahid, V.P.H. 10 years in Occupational Occupational Health Program Coordinator Full-time Safety and Health In Process of Filling Position Occupational Health Specialist Full-time John Baier, . .D. , Y.P.H. Asst. Health Officer - Occupational Health Medical Consultant Part-time 10 years Industrial Medicine Genelle Lemon, P.H.N., M.P.H., Director of Public Health Nursing Part-time 19 years of P.H. Nursing - I Detailed account of the man/hour input, training and experience of the - .-'- -- .---- ..Staff can be furnished- with the formal grant application. 1 1 i r IN CONTRA COSTA COUNTY Division of Environmental Health P.O. Box 871 Martinez, California EXHIBIT "D" AN ESTIMATE OF CONTRA COSTA COUNTY OCCUPAT70NAL 1r,,ALTH PROGRAM OPERAT;NG EXPENSES F.Y. 1973-1974 A - Personnel Salaries % Input Salaries Input- Job Title No. in O.S.H. in O.S.H. Chief Division of Environmental Health 1 20% __._. li,819 Occupational Health Program Coordinator 1 901 17,812 Occupational Health Specialist 1 90% 14,753 Assistant Health Officer "Medical Concultant" 1 25% 7,878 Chief Nursing Division "Occupational Health 1 5d 13020 Nursing Consultant" :Senior Sanitarian 1 100% 111,796 Intermediate Typist Clerk 1 100% 7,500 Subtotal 68,608 68,608 B - Fringe Benefits (Vacation, health plans, retirement, sick leave etc. ) 12049 C - `Jariods Services such as laboratory fees, supplies. 1,500 •`i D - Overhead (Travel;_ telephone, rent . . . etc. ) 14,9110 Grana Total 972397 Occupational Hef�h Program Page 3 (el providing leadership in local professional societies and civic clubs ; giving talks and lectures for these organizations and for schools `` and colleges. I (f) keeping written reports and records of all activities and services which are of special importance in legal proceedings . 8. Respond to community complaints or inquiries through investigation, inspection and recommendation of control• measures of all potential or existing chemi- cal or physical hazards resulting from industrial establishments or from any other source . Provide the County Planning and Zoning Departments as well as other agencies concerned, with all technical information needed for the processing of their . planning and zoning conclusions . - - .--- 9: Develop the existing occupational health laboratory facility to extend industrial hygiene capabilities within the county health department . Laboratory testing requirements beyond the capability of this laboratory shall be referred to other facilities to furnish needed data. 10. Personnel of the Occupational Health Unit should keep abreast of all technical , administrative and legal advances in the field of occupational safety and health through attending training courses , con- ferences , seminars and reviewing appropriate litera- ture on the subject . RAS:JM:bl IN THE BOARD OF' SUPERVISORS /•T V i CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Reports ) on Referrals to the Board ) March 12, 1974 Administration and Finance ) Committee . ) ) The Board heretofore having made certain referrals to its Administration and Finance Committee (Supervisors A. M. Dias and E. A. Linscheid ) ; and Said committee having reported and recommended as follows with respect to aforesaid referrals : Referral Date Item Recommendation �12-26-73 Memorandum of County Approve :in principle re,juest Administrator for imple- for three positions to imple- mentation of California mont California Occupational Occupational Safety and Safety and Health Act, and Health Act . authorize County Administrator to initiate action for estab- lishmert and classification of the positions . 1 - 2-74 Proposals for changes. Authorize preparation and intro- 1 -28-74 in structure of the duction of a bill in the 1974 Office of Marshals of Session of the California State the Municipal Courts . Legislature providing for one Marshal to serve the Delta and Mt. Diablo Municipal Courts. Also fix April 16, 1974 at 11 a.m. for a public .hearing before the full Board on other organizational proposals affec-uing the Offices of Marshals of the Municipal Court Districts with the matter to be retained as a committee referral for consideration of guidelines to apply to the hearing and for further consideration after the hearing. 1 -2-74 Request that Board of Reschedule for March 19,1974 Supervisors transfer its as requested by County Super- responsibility- for the intendent of Schools . County Department of EducEtion to the County Board of Education. 1 -15-74 Funding of remodeling Approve schematic drawings and of Veterans Memorial authorize architect to proceed Building in Richmond. with development of working drawings and specifications in a manner such that if possible bid may be '-•aken on such portion of work as can be accomplished within existing appropriation and the remainder in a follow- ' .�hnnn /'!n-•nir�r.n ( l � rr•n{-� y . additional county money if structure can be utilized by all veteran organizations in west county as an alternative to further expenditure on other veterans memorial buildings. Referral Date _ _ Item Recommendation 1 -15-74 Impact of Prepaid Health Refer matter to County Plan on ambulance Administrator and Human service . Resources Director for review and consultation with repre- sentatives of the Ambulance Association. 1 -22-74 Request for increase in Refer to County Administrator the fees allowed funeral for review and consultation directors for arranging with representatives of the burials which are county funeral directors, and for responsibility. consideration in the 1974- 1975 fiscal year budget. 1 -28-74 Request for waiver of. Deny request in line with penalty portion of advice of County Counsel . Sheraton Inn transient occupancy tax bill . 8-30-73 Establishment of central Establishment of a county lab- 11 -20-73 laboratory for sobriety oratory to perform sobriety (2--13-74 testing services. testing was denied on the. basis Carry- that the contractor would adopt over measures to effect economics . item) The commercial laboratory per- forming these services in the central area of the county has cooperated with public agencies by implementing a new system for performing tests and for collection and delivery of samples by agencies to the lab- oratory, thereby reducing costs . The revised procedures should be utilized for a sufficient period to observe results . Agencies in the western portion of the county are satisfied with the present arrangement. Remove as a committee referral. 11 -7-73 Request of Mrs. Elinor Obtain report from County (2-13-74 Aljets and Mr . Joe Shera Counsel on legality of the Carry- (employees on deferred claim by Mrs . Aljets and over retirement ) for coverage Mr. Shera for inclusion in the item) under County Group County Group Health Plan, and Health Plan. refer to the Employee Relations Officer and the County Nego- tiating Agent the matter of extending policy to allow health plan coverage to deferred retirees, and if so under what criteria and conditions . 12-13-73 Proposed amendments to Approve in principle the 21 (2-13-74 bylaws of Economic member maximum and request Carry- Opportunity Council and further recommendation from EOC over reduction in its member on composition of the 21 mem- item) ship to a maximum of 21 . bers in line with requirements of the Regional Office of Economic 0-portunity. Consider approval of proposed amendments to bylaws at time of reconsti- tution of EOC. Referral Date Item Recommendation 12-11 -73 Claim for back pay and Claim involves the question of (2-13-74 benefits of Richard J. whether the county has a Carry- Flores, Public Works responsibility to provide over Department Laborer.. salary and benefits during the item) period Mr. Flores was off the payroll. because the Public Warks Department found him disabled for the performance of his duties and processed a disability retirement which was subsequently not sustained by the County Retirement Board . County departments have recom- mended against payment of the claim and the committee concurs with denial of the request. 2-25-74 Request of SPAY of Committee met with Ms . Barbara Contra Costa County to Poppin who expressed the view discuss with the Board that monies required to place the matter of allocating the issue on the ballot could federal revenue sharing be better spent on provision of funds . spay clinic facilities and also that said program would be self-supporting. Remove this item as a committee referral with tlie understanding that the question of use of revenue sharing funds and of a bond election remain with the committee pursuant to prior referral on February 5, 1974; and The Board having considered said committee report and determined the recoms7endations to be appropriate ; NOW, THEREFORE, on motion of Supervisor Dias,. seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that aforesaid recommendations of its Administration and Finance Committee are APPROVED. The 'foregoing order was passed by the following vote : AYES: Supervisors J. P: Kenny, A. M. Dias, W. N. Boggess, E. A. Linsebeid, J. E. Moriarty. NOES: None . ABSEN`P: None . I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness. my hand and the Seal of the Board of Supervisors affixed this 12th day of March, 1974. J. R. OLSSON, CLERK By ct o Wiz_ Vera Nelson Deputy Clerk cc : Mr. Michael Mickelberry Bryant & Lough Funeral Directors Stewart ' s Rose Manor Funeral Service Wilson & Kratzer Mortuaries Oak Park ,Hills Chapel Mrs . Elinor Aljets Mr. Joseph Shera Mr. M. W. Roman, Attorney Mr . Sasha Maloff Chief of Police, Walnut Creek Chief of ,Police , Pleasant Hill Chief of Police , 10oncord SPAY of Co. Co . Co . County Superintendent of Schools County Board of Education Mt. Diablo Munic;_pal Court Delta Municipal Court Walnut Creek-Danville Municinal Court Richmond Municipal Court West Municipal Court Economic Opportunity Program Director Agricultural Commissioner Personnel Director Public Works Director Director, Human Resources Agency County Sheriff-Coroner County Auditor-Controller .County Assessor County Tax Collector County Counsel County Administrator In the Board of Supervisors of Contra Costa County, State of California December 26 1973— In the Matter of Implementation of California Occupational Safety and Health Act. The County Administrator having submitted to the Board a memorandum dated December 21, 1973 advising that at a meeting on December 20, 1973 the county department heads voted to recommend that appropriate staffing be provided as soon as possible for coordination and direction of county activitiesirequired under the California Occupational Safety and Health Act of 1973 (COSHA); and On motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P . Kenny, IT IS BY THE BOARD ORDERED that receipt of aforesaid memorandum is ACKNOWLEDGED and same is REFERRED to the 1974 Administration and Finance Committee. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: Supervisor J. E. Moriarty. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc : Committee Supervisors Personnel Director affixed this 26th day of December , 19 -7 County Counsel County Administrator J. R. OL ON, x �� a�+, Clerk By Deputy Clerk Elsieott , H 24 5/73-15M /�/ OFFICE OF COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building Martinez, California To: Board of Supervisors Date: December 21, 1973 From: J. P. McBrie , Subject: Implementation of California County Administ for Occupational Safety and Health Act On December 20, 1973 county department heads considered and voted to recommend to your Board that appropriate staffing be authorized as soon as possible for coordination and direction of activities required by the California Occupational Safety and Health Act of 1973. In their review of this matter, department heads concluded that a coordinated countywide approach should be established as an alternative to each department seeking on its own to comply with new requirements for posting and reporting and otherwise acting in accordance with the new law. In line with the recommendation of county department heads cited above,; it is suggested that the :Administration and Finance Committee consider this matter from a policy point of view and make a recommendation to your Board, especially on the question of the provision of staff on an interim basis. The act cited became law since adoption of the 1973-1974 fiscal year budget and implementation and compliance is now required. No specific provision for staff was made in the budget, although the matter was left open for further study in connection with a self- insurance program for Workmens Compensation. CAH:eb RECEIVED DEC 2 41973 J. R. OISSON K 80ARp OF SUPERVISORS C TRA COSTA CO.. CONTRA COSTA Glen W.Kent, M.D.,Health Officer o , Z w O j A HEALTH DEPARTMENT 0 D HEALTH DEPARTMENT CONTRA COSTA COUNTY Post Office Box 811,Martinez,California 94553 Telephone:2283000 February 13, 1974 1 Frederick B. Hodges , M.D. _.- Deputy Director Department of Health Dear Dr. Hodges ; Referring to your recent letter covering the "Guidelines for Local Health Department Participation in California Occupational Safety and Health" program, we would like to declare our intent and desire to contract for Level I participation. We are inclined to choose this route after thoroughly reviewing the guidelines , and listening to the enlightening comments of Mr. Albert Starr and Dr. Robert Johnson of your Department. For the purpose of preliminary justification of our ability to handle this program, Contra Costa County Health Department has been providing a progressive program of Occupational Health Services since 1960 , (Exhibit A) . Our services affect a county population of 556 ,000 and an employment pattern of 96,000 employees and 7 ,100 businesses , (Exhibit B) . Our full-time professional staffing meets the personnel requirements identified in California Administrative Code Title 17 , Sections 3 .a and . 4 . (Exhibit C) . Upon reviewing our work loads and discussing possible referrals from the newly established district office of the Division of Industrial Safety in Concord, we anticipate a full work load of Industrial Hygiene investigations, consultation and training activities . - Our facilities include a 363 square feet laboratory area equipped with .field and -laboratory .chemicals and instrumentation. We anticipate an expansion RECEIVED MAR o291974 J. R. OLSSON CLERK BOARD OF SUPERVISORS CON SFA,CO. 8 ......... ... .. u -2- in 2-in our laboratory equipment and manpower as soon as opportunities for negotiating a contract with your Department are materalized. We are attaching hereto an estimate of our Occupational Health program operating expenses based on the current salaries , services and overhead costs (Exhibit D) . We hope this estimate will assist you in formulating your budget purposes for the FY 1974-1975 as related to the local Occupational Health program funding. Looking forward for a fruitful association with your Department in the near future, we remain, Very truly yours , CONTRA COSTA COUNTY HEALTH DEPARTMENT Glen W. Kent, M.D. Health Officer GWK:RAS: ajf Attachments r . r - r� p`A`.. (�,✓Jf V1�1 ^i flC 4L1..!(1 HEALTH DEPARTMENT (� Contra Costa County TO: J.P. McBrien DATE: February 7, 1974 County Administration FROM: Glen W. Kent, M.D. SUBJECT: Occupational Health \ Health Officer Program Grant Application Robert E. Jornlin, Director Human Resources Agency As you know, the County Health Department has maintained throughout the past several years a successful program of Occupational Health (1) . This program was mandated by California Health and Safety Code-Sections 458, 1155 , 25960 and California AdministrativeiCode - .17 , Sections 1275 , 1276. The Occupational Health Services were mainly extended to the 100 ,000 industrial working population of this county. On April 25, 1973 California signed a contract with Federal Government U.S. Department of Labor regarding the Occupational Safety and Health Act. The contract plan authorizes the State Health Department to enter into agreements with local Health Departments to provide technical support ..to the California Division of Industrial Safety in health matters. The type of support is similiar in quality to our existing Occupational Health Services. The agreement provides for State Funding up ' to 50% of the cost of the local agency activities. RECEIVED MAR x81974 ! / J. R. OL%m CLERK OF SIIPERY$pR$ C to C -2- This 2-This department received an informal invitation to contract with the State Health Department to provide Occupational Health Services including consultative, educational and investigative activities in the field of Industrial Hygiene in work places in this county. The technical and administrative requirements, as spelled out in the guidelines submitted by the State Health Department (2) will not impart excessive burdens on our existing programs. The only real implication of this contract is to partially re- organize e-organize the administrative parameters of the program and initiate a unified reporting system which will concur with State requirement. The technical activities will continue to be much- the same, - - _ however, expansion in the Industrial Hygiene program and lab- oratory activities will be necessary. . Our preliminary estimates , indicate that the County Health Department could be receiving approximately $50 ,000 dollars of state funds to subsidize our Occupational Health program. We feel that we should explore contracting for the state program, possibly .bringing new revenues into the county budget, without allocating new county funds for matching purposes: This project will also concur with the general Federal and State policies of "handing over responsibilities" for local �1 I 1•• r ^' ,dry -3- community programs to Local Governmental Agencies. The latter fact is clearly interpreted in both the Occupational Safety and Health Act and the California Occupational Safety and Health Plan. The Occupational Safety and Health program is designed to provide services to local industries. It is my understanding that the county employees now come under the OSHA requirements section 1902 .3 para. J. Our long past experience and personal acquaintance with these industries , both management and labor, will enable our services to be smoother and more fruitful, compared to Federal and State applications. In view of the above mentioned facts and several other support- ing factors , we recommend you consider approval to submit a grant I application to support and expand our existing Occupational Safety and Health program. You are kindly requested to process our request to the Board of Supervisors for approval. GWK:REJ:RAS:ajf Attachments I ` In the Board of Supervisors of Contra Costa County, State of California February 25 19 74 In the Matter of Authorizing Submission of Grant Application to the State Department of Health for Expansion of the Occupational Health Program, County Health napartmsnt. On motion of Supervisor A. M,. Dias , seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that the County Health Officer is AUTHORIZED to submit an application to the State of California, Department of Health, for grant funds to expand the occupational health program conducted by the County Health Department to provide technical assistance to the California Divi- sion of Industrial Safety in health matters related to the Calif- ornia Occupational Safety and Health Program. The foregoing order was passed by the following vote : AYES : Supervisors J. P. Kenny, A. M. Dias , W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None . ABSENT : None . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc : Director, Human Resources Witness my hand and the Seal of the Board of Agency Supervisors Health Officer affixed this 25th day of February lg 74 County AdministratorJAMES R. OLSS�ION County Cl7k By L'�1� �C2L Deputy Clerk Charleen K. Travers i H245/73-15M /y/ RECEIVED CONTRA COSTA COUNTY top 1q, jq73 CIVIL SERVICE DEPARTMENT yr, T, PAABCH SAFETY DIVISION Cis K BOARD o�.rQ9gyJ�",J�+o�nviso�s C N"ll -{h� "' ' T0: Department Head DATE: November 2, 1973 FROM: Jack D. Harden, County Safety Officer SUBJECT: California Occupational Safety and Health Act 1973 (COSHA) ---------------------------------------------------------------------------------------------------- i Assembly Bill 150, the enabling legislation for California' s occupational safety and health plan was approved by the legislature on September 13, 1973. The bill carried an urgency clause which provided that the plan would be effective immediately with the Governor's signature. COSHA became effective on October 2, 1973 when the Governor signed the bill into law. The California Occupational Safety and Health Act must equal or exceed require- ments of the Federal Safety Law (OSHA), and COSHA unlike OSHA requires com- pliance by the State and local agencies . It is recommended that every depart- ment obtain a copy of AB150 and review requirements . Request copies from State Capitol , Bill Room, Sacramento 95814. PURPOSE OF THE ACT County Government, Departments, and employees are now subject to compliance with rules and regulations of the California Occupational Safety and Health Act of 1973. The purpose of the Act is to assure safe and healthful working conditions for all California working men and women by authorizing the enforce- ment of effective standards, assisting and encouraging emplovers to maintain safe and healthful conditions, and by providing for research, information, education, training and enforcement in the field of occupational safety and health. RESPONSIBILITIES AND DUTIES Responsibilities and Duties of Employers and Employees under the Act are noted in AB150 which adds Chapter 3 to Part 1 of Division 5 of the Labor Code. For your review andlaction a copy of Chapter 3 is attached. As noted in Chapter 3, Section 6408(a) the posting of information regarding protections andlobligations of employers is required. As advised by the Division of Industrial Safety, the state poster will be similar to the Federal Poster but will be in both English and Spanish and is to be posted at each work location. . Posters will be made available to employers on or before the end of the year. Department Head November 2, 1973 Page 2 RESPONSIBILITIES AND DUTIES (CON. ) Sections 6409 thru 6412 reference reporting and recordkeeping requirements . which apply to state and local governments. The Division of Labor Statistics and Research has advised they will supply a "package" of instructions and forms to be used. The instruction package will include the Poster noted above. Reporting is to be started'January 1 , 1974 and will be on a calendar year basis. As advised by the Division of Statistics and Research, posting and reporting requirements are on a work establishment basis, and they have requested that a list of establishments (workplaces) by Departments be sent to them and they will supply instruction packages for each location. The Safety Division will coordinate this request if each Department will send an up-to-date list of work establishments in their Departments, the list should include the address of each work location, phone number and person at the location who has been delegated to carry out safety functions of posting and reporting. It is requested that Department lists be sent in as soon as possible so that in- struction packages can be sent to all locations prior to review of requirements by representative from Division of Labor Statistics and Research . As advised by the representative, they will be in contact with the county in the near future to explain posting and reporting functions that are required. In addition to above reporting by department establishment, the Division re- presentative advised that all counties have been selected to participate in the nationwide Occupational Injuries and Illnesses Survey. Under the Califor- nia Safety Act, a summary survey report on total county injuries and illnesses is mandatory. Thus, a coordinated . effort by administration and operating departments is required to complete this report accurately and meet. the state reporting requirements . PENALTIES Penalties for violations of the Act are noted in AB150 which adds Chapter 4 to Part 1 of Division 5 of the Labor Code. For -your review a copy of Chapter 4 is attached. California Safety Law parallels the Federal law as to civil and criminal penalty structure. As noted in Section 6434 of Chapter 4, County Government is not subject to civil penalties. Other penalties do apply, as example Section 6425 `should be reviewed carefully as it applies to County Governement employees having direction, management control or custody of any employment, place of employment, or other employee . . . I' Department Head November 2; 19713 Page 3 PENALTIES (CON. ) In addition to penalties noted in this chapter, county government employees can be subject to a criminal penalty, if there is a serious injury or fatal accident. This is noted in the Government Code, Article 3, Section 840.2 and 840.4 which is attached for your review. All people in government are subject to this provision concerning liability of public employees and liability of public entities. This is a personal liability which each of you may have under the existing Government Code. COUNTY REQUIREMENTS The foregoing information presents some of the regulations and requirements of COSHA that apply to the county administration, operating departments and all county employees . There are many other regulations and requirements of COSHA that apply to the County which are noted in A6150. To meet county requirements, it is suggested that a meeting of Administration and Department personnel be scheduled to review COSHA and compliance action required. If you wish i will arrange for a meeting with representatives from the Division of Industrial Safety and Division of Labor Statisics to review requirements and answer questions you may have on COSHA. Please advise if you wish a meeting scheduled and include names of people who will attend. JDH: pr enc. CONTRA COSTA COUNTY SAFETY DIVISION SAFETY SERVICE MANUAL DATE 11-2-73 POLICIES & PROGEDURES SUBJECT: SAFETY LEGISLATION RESPONSIBILITIES AND DUTIES OF EMPLOYERS AND EMPLOYEES AB 150 adds Chapter 3 (commencing with Section 6400) to Part I of Division 5 of the Labor Code as follows: i "Chapter 3.' Responsibilities and Duties of Employers and Employees 6400. Every employer shall furnish employment and a place of employ- ment which are safe and healthful for the employees therein. 6401. Every employer shall furnish and use safety devices and safe- guards, and shall adopt and use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of employment safe and healthful. Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees. 6402. No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful. 6403. No employer shall fail or neglect: (a) To provide and use safety devices and safeguards reasonably adequate to render the employment and place of employment safe. (b) To adopt and use methods and processes reasonably adequate to render the employment and place of employment safe. i (c) To do every other thing reasonably necessary to protect the life, safety, and health of employees. 6404. No employer shall occupy or maintain any place of employment that is not safe and healthful. 6405. No employer, owner, or lessee of any real property shall construct or cause to be constructed any place of employment that is not safe and healthful. 6406. No person shall do any of the following: Responsibilities and Duties of Employers and Employees (continued) (a)' Remove, displace, damage, destroy or carry off any safety device, safeguard, notice, or warning, furnished for use in any employ- ment or place of employment. (b) Interfere in any way with the use thereof by any other person. (c) Interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment, or place of employment. (d) Fail or neglect to do every other thing reasonably necessary to protect the 'life, safety, and health of employees. 6407. Every employer and every employee shall comply with occu- pational safety and health standards and all rules, regulations, and orders pursuant to this division which are applicable to his own actions and conduct. 6408. All employers shall provide information to employees in the following ways, as prescribed by authorized regulations: (a) Posting of information regarding protections and obligations of employees under occupational safety and health laws. (b) Posting prominently each citation issued under Section 6317, or a copy or copies thereof, at or near each place a violation referred to in the notice of violation occurred. (c) The opportunity for employees or their representatives to observe monitoring or measuring of employee exposure to hazards conducted pursuant to standards promulgated under Section 142. 3. (d) Allow access by employees or their representatives to accurate records of employee exposures to potentially toxic materials or harmful physical agents. (e) Notification of any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels exceeding those prescribed by an applicable standard, order, or special order, and informing any employee so exposed of corrective action being taken. 6409. (a) Every employer, insurer and physician or surgeon who attends any injured employee shall file with the Division of Labor Statistics and Research a complete report of every injury or occupational illness to each employee arising out of or in the course of his employment unless ' (2) Responsibilities and Duties of Employers and Employees (continued) disability resulting from such injury does riot last through the day or does not require medical service other than ordinary first aid treatment. Each such report of injury or occupational illness shall indicate the social security number of the injured employee. The Division of Labor Statistics and Research may, in accordance with the provisions of Chap- ter4.5 (commencing with Section 11371) of Part I of Division 3 of Title 2 of the Government Code, adopt reasonable rules and regulations pre- scribing the detail and time limits of such report. (b) In every case involving a serious injury or illness, or death, in addition to the report required in subdivision (a), a report shall be made immediately by the employer to the Division of Industrial Safety by telephone or telegraph. (c) Serious injury or illness shall be defined as any injury or ill- ness occurring in a place of employment or in connection '.ith any employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers loss of any member of the body or any serious degree of permanent disfigurement. Serious injury or illness or death shall not include any injury, illness or death caused by the commission of a Penal Code violation, except the violation of Penal Code Section 385, or an accident on a public street or highway. (d) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death occurs, the nearest office of the Division of Industrial Safety shall be notified by telephone imme- diately by the responding agency. 6410. The reports made to the Division of Labor Statistics and Research shall be in the form and detail and within the time limits prescribed by the Division of Labor Statistics and Research, and shall answer specifically all questions required by the Division of Labor Statistics and Research under its rules and regulations. Nothing in this chapter requiring recordkeeping and reporting by employers shall relieve such employer of maintaining records and making reports to the assistant secretary, United States Department of Labor, as required under the Federal Occupational Safety and Health Act of 1970 (P. L. 91-596). All state and local government employers shall maintain records and make reports in the same. manner and to the same extent as required of other employers by this section. (3) 0 Responsibilities and Duties of Employers and Employees (continued) 6411. Every employer or insurer receiving forms with directions from the Division of Labor Statistics and Research to complete thein shall cause them to be properly filled out so as to answer fully and correctly each question propounded therein. In case of inability to answer any such questions, a good and sufficient reason shall be given for such failure. 6412. No information furnished to the Division of Labor Statistics and Research by an employer or an insurer shall be open to public inspec- tion or made public. No report of injury required to be filed by an employer or an insurer by this chapter shall be admissible as evidence in any adversary proceeding before the Workmen's Compensation Appeals Board. However, the reports required of physicians or surgeons by subdivision (a) of Section 6409 shall be admissible as evidence in such proceeding. " PENALTIES AB 150 adds Chapter 4 (commencing with Section 6423) to Part I of Division 5 of the Labor Code as follows: "Chapter 4. Penalties 6423. Except where another penalty is specifically provided, every employer, and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or other employee, who does any of the following shall be guilty of a misdemeanor: (a) Knowingly or negligently violates any standard, order, or spe- cial order, or any provision of this division, or of any part thereof in, or authorized by, this part the violation of which is deemed to be a serious violation pursuant to Section 6432. (b) Repeatedly violates any standard, order, or special order, or provision of this division, or any part thereof in, or authorized by, this part which repeated violation creates a real and apparent hazard to employees. (c) Fails or refuses to comply, after notification and expiration of any abatement period, with any such standard, order, special order, or provision of this division, or any part thereof, which failure or refusal creates a real and apparent hazard to employees. (d) Directly or indirectly, knowingly induces another to do any of the above. :l^ ( (4) Penalties (continued) 6425. I Any employer, and every employee, having direction, management,, control, or custody of any employment, place of employ- ment, or other employee, who willfully violates any occupational safety or health standard, order, or special order, and that violation caused death to any employee, or caused permanent or prolonged impairment of the body of any employee, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10, 000), or by imprison- ment for not more than six months, or by both; except that if the con- viction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than twenty thousand dollars ($20, 000) or by imprisonment for not more than one year, or by both. Nothing in this section shall prohibit a prosecution under Section 192' of the Penal Code, rather than under this section, for the death of an employee. However, no person may be prosecuted under both this section and Section 192 of the Penal Code for the same act or omission. 6426. Whoever knowingly makes any false statement, representa- tion, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this division shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10, 000), or by imprisonment for not more than six months, or by both. 6427. Any employer who violates any occupational safety or health standard, order, or special order and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to one thousand dollars ($1, 000) for each such violation. 6428. Any employer who violates any occupational safety or health standard, order, or special order if that violation is a serious violation, shall be assessed a civil penalty of up to one thousand dollars ($1, 000) for each such violation. 6429. Any employer who willfully or repeatedly violates any occu- pational safety or health standard, order, or special order may be assessed a civil penalty of not more than ten thousand dollars ($10, 000) for each violation. 6430. Any employer who fails to correct a violation of any occupa- tional safety or health standard, order, or special order within the period permitted for its correction may be assessed a civil penalty of not more than one thousand dollars ($1, 000) for each day during which such failure or violation continues. (5) i Penalties (contiinued) 6431. Any employer who violates any of the posting requirements as prescribed pursuant to Section 6408 and authorized regulations, shall be assessed a civil penalty of up to one thousand dollars ($1, 000) for each violation. 6432. As used in this chapter, a 'serious violation' shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise i of reasonable diligence, know of the presence of the violation. 6433. The civil penalties set forth in Sections 6427 to 6431, inclu- sive, shall not be considered as other penalties specifically provided within the meaning of Section 6423. 6434. The civil penalties provided for in this chapter shall not be assessed against employers that are governmental entities. 6435. Any employer who violates any of the requirements of Chap- ter 6 (commencing with Section 6500) of this part shall be assessed a civil penalty under the appropriate provisions of Sections 6427 to 6430, inclusive. " I (6) CONTRA COSTA COUNTY SAFETY DIVISION SAFETY SERVICE MANUAL DATE .11-2-73 POLICIES & PROCEDURES SUBJECT: SAFETY LEGISLATION CONDITIONS OF LIABILITY - PUBLIC EMPLOYEES AND PUBLIC ENTITIES Government Code, Article 3, Sections 840. 2 and 840. 4 as noted below cover provi- sions concerning liability of public employees and public entities. i " § 840. 2 Dangerous condition of public property; conditions of liability. An employee of a public entity is liable for injury caused by a dangerous condition of public property if the plaintiff establishes that the property of the public entity was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) The dangerous condition was directly attributable wholly or in substantial part to a negligent or wrongful act of the employee and the employee had the authority and the funds. and other means immediately available to take alternative action which would not have created the dangerous condition; or (b) The employee had the authority and it was his responsibility to take adequate measures to protect against the dangerous condition at the expense of the public entity and the funds and other means for doing so were immediately available to him, and he had actual or constructive notice of the dangerous condition under Section 840. 4 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition. (Added Stats. 1'963, c. 1681, p. 3276, § 1. )" " § 840. 4 Actual notice; constructive notice. (a) A public employee had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 840. 2 if he had actual personal knowledge of the existence of the condition and knew or should have known of its dangerous character. (b) A public employee had constructive notice of a dangerous condition within- the meaning of subdivision (b) of Section 840. 2 only if the plaintiff establishes (1) that the public employee had the authority and it was his responsibility as a public employee to inspect the property of the public entity or to see that inspections were made to determine• whether dangerous conditions existed in the public property, (2) that the funds and other means 0 Conditions of Liability - Public Employees and Public Entities (continued) for making such inspections or for seeing that such inspections were made were) immediately available to the public employee, and (3) that the dangerous condition had existed for such a period of time and was of such an obvious nature that the public employee, in the exercise of his authority and responsibility with due care, should have discovered the condition and its dangerous character. (Added Stats. 1963, c. 168I, p. 3276, F3 1. )" .ice l (2)