An ordinance to establish an employee safety program administered by the department of law and to move the current employee safety program by amending Titles 2 and 3 of the Metropolitan Code of Laws.

WHEREAS, the Metropolitan Government of Nashville and Davidson County intends to continue in a leadership role in providing a safe and healthy work environment for its employees; and

WHEREAS, it is in the best interest of employees of the Metropolitan Government of Nashville and Davidson County and the general public for the Metropolitan Government of Nashville and Davidson County to have a commitment to the health and safety of its employees; and

WHEREAS, the Metropolitan Government of Nashville and Davidson County elects to further develop and improve its employee safety program; and

WHEREAS, keeping employees safe and healthy can best be accomplished with the full commitment of the management and officials of the departments, boards, commissions, agencies and officials working in partnership with all employees; and

WHEREAS, an improved employee safety program will provide the additional benefits of improved employee confidence and morale as well as improved productivity.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Sub-section 3.08.040 (I) of the Metropolitan Code of Laws be and the same is hereby amended by deleting subsection I in its entirety.

Section 2. That Chapter 2.40 is hereby amended by adding the following new sections:

2.40.___. Creation of division of employee safety
There shall be a division of employee safety in the department of law. The division of employee safety shall be under the direction and control of the director of law.
2.40.___ Appointment of employees
The director of law shall have the authority within budgetary guidelines to appoint all employees to the division of employee safety. All clerical positions shall be civil service positions. All professional positions shall be non-civil service positions if so stated in the ordinance creating the position, otherwise such positions shall be civil service positions.
2.40.___. Compliance with occupational health and safety standards
The division of employee safety shall develop, implement, and administer a program of compliance with the occupational health and safety standards of the State of Tennessee. The division of employee safety, in conjunction with the Metropolitan Safety Advisory Board, shall develop general policies and standards to establish a framework within which specific department, board, commission, and agency safety programs are developed to minimize hazards and reduce injuries in their operations and to comply with the occupational health and safety standards of the State of Tennessee.
2.40.___. Functions of division of employee safety
The division of employee safety shall administer, direct and coordinate the following functions:
1. The central employee safety program of the metropolitan government including working with all departments, each of which shall be responsible for establishing its own safety program;
2. In coordination with each Department's own rules and regulations on employee safety, promulgation of rules, regulations and procedures relating to the safe premises, equipment and environment of metropolitan government employees;
3. Maintenance and preservation of all necessary records regarding employee safety required under law by the state or by the federal government;
4. Investigation of in-line-of-duty injury claims for the purpose of determining the cause of the injuries and preventing similar injuries in the future.
2.40.___. Support of safety program
Departments, boards, commissions, agencies, officers, and employees of the Metropolitan Government of Nashville and Davidson County shall support the employee safety program.
2.40.___. Reports and recommendations on safety
The director of law will make safety reports and recommendations, including the progress in improved safety in the workplace, to the metropolitan mayor.
Section 3. This Ordinance shall take effect from and after is enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Carl Burch

LEGISLATIVE HISTORY
Introduced:	October 17, 2006
Passed First Reading:	October 17, 2006
Referred to:	Personnel Committee
Passed Second Reading:	November 21, 2006
Passed Third Reading:	December 5, 2006
Approved:	December 11, 2006
By: