A LL HOURLY EMPLOYEES MUST KNOW

Transcription

1 I MPORTANT CITY POLICIES A LL HOURLY EMPLOYEES MUST KNOW Paid Sick Leave for Hourly Employees (AP 407) Prohibiting Harassment, Discrimination and Retaliation (AP 89-2) Anti-Discrimination Policy & Complaint Procedure Regarding Individuals w/disabilities (AP 92-1) Drug and Alcohol-Free Workplace (AP 90-1) Violence Prevention & Workplace Security (AP 96-2) Equal Employment Opportunity (AP 99-1) Workplace Integrity and Fraud Prevention (AP TBD) Gifts (AP 91-1) Technology Use & Retention (AP 204) Use of Recording Devices (AP 408) Social Media (AP 202) Vehicle Use (AP 404) Risk Management (AP 203) Injury and Illness Prevention Program Ergonomics Safety Plan Heat Illness Prevention Plan Exposure Control Plan for Bloodborne Pathogens (if applicable) Child Abuse and Neglect Mandated Reporter (AP 402) UPON RECEIPT, PLEASE SIGN THE EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT FORM PROVIDED ON THE LAST PAGE OF BOOKLET AND RETURN TO HUMAN RESOURCES

2

3

4

5

6 CITY OF WALNUT CREEK ADMINISTRATIVE POLICY NO PROHIBITING HARASSMENT, DISCRIMINATION AND RETALIATION Issued: May 8, 1989 Revised: February 1, 1999 Revised: September 1, 2001 Revised: February 14, 2006 Approved: Mike Parness, City Manager PURPOSE The purpose of this policy is to: ensure all employees enjoy working conditions which are free from harassment, discrimination and retaliation; describe prohibited behavior; define the responsibilities of all City employees; establish a procedure by which individuals who feel they have been harassed can bring their complaint to an appropriate authority without fear of retaliation; establish a procedure by which complaints of harassment and discrimination are promptly, thoroughly and fairly investigated; and, ensure that individuals who are found to have violated this policy will be subjected to disciplinary action that is commensurate with the severity of the offense. Harassment, discrimination and retaliatory conduct of any kind is unacceptable conduct and will not be tolerated under any circumstances. It undermines the integrity of the employment relationship, interferes with work productivity and creates a climate of insecurity and distrust. Thus this policy establishes standards of acceptable workplace conduct for City employees in order to maintain a workplace free from discrimination, harassment, intimidation and retaliation POLICY STATEMENT All City employees have a right by state and federal law to a work environment free from harassment and discrimination. Behavior that subjects an employee or other individuals in the workplace to harassment or discrimination based on race, religion, color, national origin, ancestry, disability, marital status, medical condition or history, pregnancy, gender, sexual orientation or age constitutes illegal behavior for which individual employees may be held personally liable. Such conduct will not be tolerated and will result in immediate corrective action, including disciplinary action. PROHIBITED ACTIONS Prohibited actions are listed below in three categories: 1) sexual harassment; 2) other forms of discriminatory or harassing conduct; and 3) retaliatory conduct. Sexual harassment is presented as a separate category of discriminatory conduct for emphasis. 1. Sexual Harassment: Includes unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or non-verbal conduct which is of a sexual nature or gender-based and Page 1 of 6

7 that is conditioned upon an employment benefit; or unreasonably interferes with an individual s work performance; or creates an offensive work environment. Examples of prohibited conduct include, but are not limited to: threats or demands to submit to sexual requests to maintain employment or to avoid some employment or benefit loss such as discharge, demotion or undesired reassignment; offers of job benefits in return for sexual favors; sexual favoritism in job assignments or working conditions; or continued requests for social or sexual contact after being told such requests are unwelcome. Examples of conduct which could create an offensive work environment include, but are not limited to: use of expletives, or offensive or derogatory comments or jokes; unwelcome notes, e- mail, voic messages and greeting cards which are sexual in nature; staring or leering; discussing sexual exploits or asking questions about a person's sexual practices or preferences; posters, notices, cartoons, computer software, magazines, drawings; and other disparate behavior which is sexual in nature or gender-based. If the sexual conduct is consensual, it may not constitute sexual harassment; however, consensual conduct may otherwise be inappropriate in the workplace and may be subject to sanction and discipline. 2. Discriminatory/Harassing Conduct: Examples of discriminatory/harassing conduct include, but are not limited to: verbal and non-verbal conduct such as use of expletives, or offensive or derogatory comments or jokes; unwelcome notes, , voic messages and greeting cards; derogatory or inflammatory gestures, staring or leering; posters, notices, cartoons, computer software, magazines, drawings or other disparate behavior in any form made on the basis of race, religion, color, national origin, ancestry, disability, marital status, medical condition, pregnancy, gender, sexual orientation or age. A. Intimidating/Violent Conduct. This category includes physical acts such as unwelcome physical contact, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on any basis as listed above. Prohibited conduct also includes threatening conduct as described in Administrative Policy 96-2, Workplace Security, including but not limited to: intimidation and direct and indirect threats of violence or bodily harm, acts of violence or aggression when directed at an individual employee or supervisor/manager or their relatives, friends or property; or the City organization or the public at large. 3. Retaliation: All employees are assured that they may report harassing behavior, report any workplace wrongdoing or misconduct, or participate in any investigation without fear of retaliation by the City, a supervisor or another employee. Retaliatory behavior includes, but is not limited to, any adverse employment action that materially affects the term and conditions of employment and that occurs as a result of an employee's complaint or report of workplace misconduct. Retaliatory behavior conducted by an employee against another employee will be cause for disciplinary action. Page 2 of 6

8 RESPONSIBILITIES Supervisors and Managers Supervisors and managers have ongoing responsibility to ensure that the work environment is free of harassment, discrimination, intimidation and retaliation by promptly confronting and investigating incidents of suspected misconduct, taking immediate and appropriate action to resolve them and ensuring that the complaining employee does not experience any retaliation. Supervisors shall become familiar with this policy in order to fulfill their responsibilities. Supervisors and managers have a responsibility to respond to the possible misconduct promptly upon notice or knowledge of such events regardless of whether a formal complaint has been received. Notice or knowledge includes allegations made by the complainant, statements made by witnesses or other third parties, or direct observation. Supervisors and managers must inform the Human Resources Manager as soon as such a situation has come to his/her attention. Individual Employees Each employee is also responsible to ensure that their work environment is free of harassment, discrimination, intimidation and retaliation by adhering to the spirit and intent of this policy. Any employee who is aware of a workplace incidence of misconduct, as set forth in this policy, is responsible for informing a supervisor in whom he or she has confidence, their Department Director, the Human Resources Manager, the Administrative Services Director or the City Manager as soon as feasible. Employees who are unsure of whether to report workplace incidents, or how to go about doing so, or are reluctant to do so for whatever reason, are encouraged to contact the City Manager, Administrative Services Director, or the Human Resources Manager to discuss this policy and how it may apply to their situation. Alternatively, or in addition to contacting City staff, employees may contact the City's third party reporting service, ActionLine, to discuss their concerns. The ActionLine reporting service may be contacted anonymously, if desired. CONFIDENTIALITY To the extent possible, the complainant will be accorded confidentiality. However, complainants must understand that their identities may be revealed to accused persons during the course of an investigation or when discipline results from such complaints. Investigation records will be held in the strictest confidence, to the extent permissible by law. The privacy rights of all parties involved in an investigation will be protected to the greatest extent possible. DISCIPLINE Depending on the circumstances of each case and the seriousness of the offense, disciplinary action up to and including termination of the offending employee will be taken if it is found that prohibited conduct did occur. Disciplinary action will be taken consistent with City Personnel Rules, labor agreements with City employee groups, and current law. False complaints and false reports of misconduct are prohibited; any employee making a report, which is known to be without merit shall be subject to disciplinary action. Non-regular Page 3 of 6

9 employees, and others, such as volunteers, temporary employees, contractors, and vendors who engage in prohibited conduct are also subject to corrective action. COMPLAINT PROCEDURE The City has two procedures in place for employees making complaints set forth as follows: 1. Informal Procedure A. Prompt, appropriate action will likely stop incidents of harassment; therefore, an employee should, at least initially, tell the offending individual that his or her behavior is unacceptable and that the behavior must stop. An alternative to talking directly with the offending person is to address specific concerns through written communication. The primary purpose of an informal complaint is to resolve harassment concerns and prevent more serious occurrences of harassment at the earliest date possible. B. Problems that are appropriate for resolution by this informal procedure include isolated incidents that are not severe and those that do not appear to necessitate a disciplinary process. Examples of circumstances in which the informal procedure may be utilized include, but are not limited to: Posters or cartoons of an offensive nature; A joke made by a co-worker that an employee finds offensive; An offensive isolated remark or comment based on gender, race, age or other status; An incident targeted at gender, race, age, health condition, or other status that creates embarrassment, discomfort or distraction. C. If the notification to the offending individual is not effective in bringing the offending behavior to an end, or if the employee is reluctant to approach the offending individual, the employee should inform his or her Department Director or the Human Resources Manager; OR the employee may contact the ActionLine reporting service as an alternative to internal reporting procedures. The ActionLine program provides employees with an alternative to the internal reporting procedures described in this policy. The ActionLine may be contacted for confidential discussion of the employee s concerns; the ActionLine reporting service may be contacted anonymously, if desired. If the offensive conduct continues following informal complaint efforts, a formal complaint procedure may be pursued. D. Employees who are unsure of whether workplace conduct violates this policy, or who are reluctant to make a complaint or concern known for whatever reason, are encouraged to contact the City Manager, Administrative Services Director, the Human Resources Manager, or the ActionLine to discuss this policy and how it may apply to their situation. 2. Formal Procedure If harassment activities continue after an employee has utilized the informal complaint procedure or if the employee chooses not to pursue the informal procedure, the City's formal complaint procedure may be used. Note: Paragraphs E-K are intended as guidelines only. The City Page 4 of 6

10 Manager or Department Director shall have the discretion to determine the appropriate manner of investigation depending upon the circumstances of the complaint. The formal procedure is as follows: A. An employee who wishes to file a formal complaint is encouraged to follow the chain of command in the department or division; however, if this is not possible or is inappropriate, the employee may file the complaint directly with the Division Manager, Department Director, Human Resources Manager, Administrative Services Director or the City Manager. All complaints should be filed as soon as possible and within 30 days of the incident to allow for an prompt investigation and response to the complaint. Delay in reporting the harassment may hamper the thoroughness of the investigation. B. A formal complaint shall be a signed, written account of incident(s) involving harassment, discrimination and/or retaliatory conduct, including the names of the other persons, if any, who were present at the time. The formal complaint may be written either by the complaining employee or the person to whom the complaint is reported. If the complainant does not personally write the report, he or she shall review it for accuracy and sign it. C. The individual receiving the complaint, whether he or she be a supervisor, manager, Department Director, Human Resources Manager, Administrative Services Director or the City Manager, may discuss the issue with the complaining employee who will be asked what remedies he or she believes would resolve the complaint. D. The individual in receipt of the formal complaint shall immediately forward the report to the City Manager in a sealed envelope marked "Confidential." The City Manager shall forward a confidential copy of the complaint to the employee's supervisor and Department Director, unless it has been determined that an investigation of the complaint would be compromised by doing so. E. All formal complaints of harassment, discrimination and retaliation shall be investigated. The nature and extent of the investigation including but not limited to the scheduling and the assignment of individuals to conduct the investigation shall be determined by the Department Director and the City Manager. The City Manager or his or her designee may conduct or participate in all phases of the investigation. F. The City Manager or Department Director will inform the complainant of the general nature of the investigation and the approximate date of completion. The time necessary to investigate a complaint of harassment is generally 30 to 60 days, but may be more or less depending upon the duration or nature of the alleged harassment, the number of potential witnesses, the extent of the alleged harassment and other factors. G. The individual investigating the complaint shall meet with the person accused of engaging in harassing behavior and inform him or her of the basis for the complaint, provided doing so will not compromise the investigation; in this event he or she will be given the opportunity to respond in writing if he or she wishes, and to identify witnesses. Page 5 of 6

11 H. Investigations will be timely and as extensive as determined to be necessary in the judgment of the investigator, based upon the nature of the allegations. All persons identified as potential witnesses and those individuals who may have information relevant to the issues of the complaint will be contacted and interviewed during the course of the investigation. I. When the investigation is complete, the investigator shall forward a copy of the report to the City Manager for further action. J. The City Manager or designee will notify the employee filing the complaint of the results of the investigation and whether disciplinary action is warranted and will be taken. There may be instances in which the City Manager or designee may not be able to provide the employee with the results of the investigation in a timely manner due to legal considerations or the need for further investigation. Should this be the case, the employee shall be notified of this situation. It is the City's policy not to release the investigatory report to either the subject of the investigation or the employee making the complaint. K. Supervisory and management personnel shall conduct follow-up inquiries with the employee who filed the complaint, to ensure that the workplace is free of harassment, discrimination or retaliation. These inquiries shall be documented in writing and filed with Human Resources. L. All employees also have a right to file a complaint with the federal Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH). Page 6 of 6

12 The definition of sexual harassment includes many forms of offensive behavior. Department of Fair Employment and Housing such as a lead, supervisor, manager or agent; the employer had no knowledge of the harassment; there was a program to prevent harassment; and once aware of any harassment, the employer took immediate and appropriate corrective action to stop the harassment. Filing a Complaint Employees or job applicants who believe that they have been sexually harassed may file a complaint of discrimination with DFEH within one year of the harassment. DFEH serves as a neutral fact-finder and attempts to help the parties voluntarily resolve disputes. If DFEH finds sufficient evidence to establish that discrimination occurred and settlement efforts fail, the Department may file a formal accusation. The accusation will lead to either a public hearing before the Fair Employment and Housing Commission or a lawsuit filed by DFEH on behalf of the complaining party. If the Commission finds that discrimination has occurred, it can order remedies including: Fines or damages for emotional distress from each employer or person found to have violated the law Hiring or reinstatement Back pay or promotion Changes in the policies or practices of the involved employer Employees can also pursue the matter through a private lawsuit in civil court after a complaint has been filed with DFEH and a Right-to-Sue Notice has been issued. For more information, see publication DFEH-159 Guide for Complainants and Respondents. For more information, contact DFEH toll free at (800) Sacramento area & out-of-state at (916) TTY number at (800) or visit our Web site at In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or tape cassette as a disability-related reasonable accommodation for an individual with a disability. To discuss how to receive a copy of this publication in an alternative format, please contact DFEH at the numbers above. State of California Department of Fair Employment & Housing DFEH-185 (11/07) Sexual Harassment The Facts About Sexual Harassment The Fair Employment and Housing Act (FEHA) defines sexual harassment as harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or related medical conditions. The definition of sexual harassment includes many forms of offensive behavior, including harassment of a person of the same gender as the harasser. The following is a partial list of types of sexual harassment: Unwanted sexual advances Offering employment benefits in exchange for sexual favors Actual or threatened retaliation Leering; making sexual gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters Making or using derogatory comments, epithets, slurs, or jokes Sexual comments including graphic comments about an individual s body; sexually degrading words used to describe an individual; or suggestive or obscene letters, notes, or invitations Physical touching or assault, as well as impeding or blocking movements

13 The mission of the Department of Fair Employment and Housing is to protect the people of California from unlawful discrimination in employment, housing and public accommodations, and from the perpetration of acts of hate violence. Employers Obligations All employers must take the following actions against harassment: Take all reasonable steps to prevent discrimination and harassment from occurring. If harassment does occur, take effective action to stop any further harassment and to correct any effects of the harassment. Develop and implement a sexual harassment prevention policy with a procedure for employees to make complaints and for the employer to investigate complaints. Policies should include provisions to: Fully inform the complainant of his/her rights and any obligations to secure those rights. Fully and effectively investigate. The investigation must be thorough, objective, and complete. Anyone with information regarding the matter should be interviewed. A determination must be made and the results communicated to the complainant, to the alleged harasser and, as appropriate, to all others directly concerned. Take prompt and effective corrective action if the harassment allegations are proven. The employer must take appropriate action to stop the harassment and ensure it will not continue. The employer must also communicate to the complainant that action has been taken to stop the harassment from recurring. Finally, appropriate steps must be taken to remedy the complainant s damages, if any. Post the Department of Fair Employment and Housing (DFEH) employment poster (DFEH - 162) in the workplace (available through the DFEH publications line [916] or Web site). Distribute an information sheet on sexual harassment to all employees. An employer may either distribute this pamphlet (DFEH 185) or develop an equivalent document that meets the requirements of Government Code section 12950(b). This pamphlet may be duplicated in any quantity. However, this pamphlet is not to be used in place of a sexual harassment prevention policy, which all employers are required to have. All employees should be made aware of the seriousness of violations of the sexual harassment policy and must be cautioned against using peer pressure to discourage harassment victims from complaining. Employers who do business in California and employ 50 or more part-time or full-time employees must provide at least two hours of sexual harassment training every two years to each supervisory employee and to all new supervisory employees within six months of their assumption of a supervisory position. A program to eliminate sexual harassment from the workplace is not only required by law, but is the most practical way for an employer to avoid or limit liability if harassment should occur despite preventive efforts. Employer Liability All employers, regardless of the number of employees, are covered by the harassment section of the FEHA. Employers are generally liable for harassment by their supervisors or agents. Harassers, including both supervisory and non-supervisory personnel, may be held personally liable for harassing an employee or coworker or for aiding and abetting harassment. Additionally, the law requires employers to take all reasonable steps to prevent harassment from occurring. If an employer has failed to take such preventive measures, that employer can be held liable for the harassment. A victim may be entitled to damages, even though no employment opportunity has been denied and there is no actual loss of pay or benefits. In addition, if an employer knows or should have known that a non-employee (e.g. client or customer) has sexually harassed an employee, applicant, or person providing services for the employer and fails to take immediate and appropriate corrective action, the employer may be held liable for the actions of the non-employee. An employer might avoid liability if the harasser is not in a position of authority,

14 Harassment and discrimination in employment, housing, public accommodations, and services are against the law. Department of Fair Employment and Housing Hate Violence Under the Ralph Civil Rights Act, it is against the law for any person to threaten or commit acts of violence against a person or property based on race, color, religion, ancestry, national origin, age, disability, gender, sexual orientation, political affiliation, or position in a labor dispute. Filing a Complaint If you believe you are a victim of illegal discrimination or hate violence, you can file a complaint with DFEH by following these steps: Contact us at (800) (employment, public accommodation, and hate violence) and (800) (housing) Be prepared to present specific facts about the alleged harassment, discrimination, or denial of leave Provide copies of documents that support the charges in the complaint Keep records and documents about the complaint, such as paycheck stubs, rent receipts, membership applications, and other materials DFEH will conduct an impartial investigation. We are not an advocate for either the person complaining or the person complained against. We represent the State of California. DFEH will, if possible, try to assist both parties to resolve the complaint. If a voluntary settlement cannot be reached, and there is sufficient evidence that establishes a violation of the law, DFEH may issue an accusation and litigate the case before the Fair Employment and Housing Commission or in civil court. If the Commission or a court decides in favor of the complaining party, the following remedies can be ordered: Award of the job or the housing denied to the complainant, or similar relief Back pay or promotion for the complainant, or compensation for moving and relocation Compensatory damages for the complainant, including emotional distress damages Fines, penalties, or punitive damages For more information, contact DFEH toll free at (800) (employment, public accommodation, and hate violence) (800) (housing) TTY number at (800) or visit our web site at In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or tape cassette as a disability-related reasonable accommodation for an individual with a disability. To discuss how to receive a copy of this publication in an alternative format, please contact DFEH at the numbers above. State of California Department of Fair Employment & Housing DFEH-151 (04/04) Discrimination is Against the Law Civil Rights in California The Department of Fair Employment and Housing (DFEH) enforces California state laws that prohibit harassment and discrimination in employment, housing, and public accommodations and that provide for pregnancy leave and family and personal medical leave. It also accepts and investigates complaints alleging hate violence or threats of hate violence. What DFEH Does DFEH enforces these laws by Investigating harassment, discrimination, and denial of leave complaints Assisting parties to voluntarily resolve complaints involving alleged violations of the laws enforced by DFEH Prosecuting violations of the law Educating Californians about the laws prohibiting harassment and discrimination by providing written materials and participating in seminars and conferences Discrimination in Employment The California Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment based on the following: Race Color

15 The mission of the Department of Fair Employment and Housing is to protect the people of California from unlawful discrimination in employment, housing and public accommodations, and from the perpetration of acts of hate violence. Religion Sex (gender) Sexual orientation Marital status National origin (including language use restrictions) Ancestry Disability (mental and physical, including HIV and AIDS) Medical condition (cancer/genetic characteristics) Age (40 and above) Request for family care leave Request for leave for an employee s own serious health condition Request for Pregnancy Disability Leave Retaliation for reporting patient abuse in tax-supported institutions Discrimination is prohibited in all employment practices, including the following: Advertisements Applications, screening, and interviews Hiring, transferring, promoting, terminating, or separating employees Working conditions Participation in a training or apprenticeship program, employee organization, or union California workers are Guaranteed leaves if disabled because of pregnancy Guaranteed reasonable accommodation for pregnancy Guaranteed leaves for the birth or adoption of a child; for the employee s own serious health condition; or to care for a parent, spouse, or child with a serious health condition Protected from harassment because of their sex, race, or any other category covered under the law Protected from retaliation for filing a complaint with DFEH, for participating in the investigation of a complaint, or for protesting possible violations of the law California workers with disabilities are also entitled to reasonable accommodation when necessary in order to perform the job. Discrimination in Housing FEHA also prohibits discrimination in the rental and sale of housing based on the following: Race Color Religion Sex (gender) Sexual orientation Marital status National origin (including language use restrictions) Ancestry Familial status (households with children under age 18) Source of income* Disability (mental and physical, including HIV and AIDS) Medical condition (cancer/genetic characteristics) Age *Until 12/31/04 unless extended by statute. Discrimination is prohibited in all aspects of the housing business, including, but not limited to: Advertisements Mortgage lending and insurance Application and selection processes Terms, conditions, and privileges of occupancy, including freedom from harassment Public and private land-use practices, including the existence of restrictive covenants Persons with disabilities are entitled to reasonable accommodation in rules, policies, practices, and services and are also permitted, at their own expense, to reasonably modify their dwelling to ensure full enjoyment of the premises. As in employment discrimination law, persons are protected from retaliation for filing complaints. Discrimination in Public Accommodations and Services Discrimination in public services and accommodations is prohibited under the Unruh Civil Rights Act. The law requires full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Business establishments covered by the law include, but are not limited to: Hotels and motels Nonprofit organizations Restaurants Theaters Hospitals Barber shops and beauty salons Housing accommodations Local government and public agencies Retail establishments

16 Report Workplace Wrongdoing Harassment, discrimination, theft, violence, fraud, unsafe acts, and other forms of wrongdoing hurt everyone. Now, you can help eliminate these problems. Report wrongdoing to your manager or supervisor or call the Employee Reporting Line Dial Toll-Free or Go online at Identify your place of employment: City of Walnut Creek Employee Protection Line Organization Code: The Employee Reporting Line is monitored 24 hours a day by an independent third party. You can make your report without disclosing your identity, and calls and online reports will not be traced. Rev. July 2011

17 CITY OF WALNUT CREEK ADMINISTRATIVE POLICY NO Issued: October 20, 1992 Revised: October 20, 1993 Reissued: September 1, 1999 Revised: September 1, 2001 ANTI-DISCRIMINATION POLICY AND COMPLAINT PROCEDURE REGARDING INDIVIDUALS WITH DISABILITIES The City of Walnut Creek shall comply with state and federal laws and regulations regarding providing services to individuals with disabilities; these efforts specifically include compliance with the Americans with Disabilities Act of 1990 ("ADA"), the Rehabilitation Act of 1973 ("Section 504") and the California Fair Employment and Housing Act ( FEHA ). This statement establishes policy and procedures for implementing these laws and regulations. I. ANTI-DISCRIMINATION AND ACCESSIBILITY POLICY The City of Walnut Creek strongly supports a discrimination free workplace for all of its employees, applicants for City positions and for members of the public. In order for the public, applicants and employees to benefit from the positive environment provided by the City, integration of those with disabilities will be furnished to the maximum feasible extent. The goal of the City's management is to promote an environment which fosters mutual understanding and respect amongst all individuals. The City will not tolerate discrimination against a qualified individual with a disability if that individual is seeking employment, or the provision of services or programs provided by the City, or by a supervisor, management employee, co-worker or independent contractor. The City is committed to providing reasonable accommodation which could remove barriers to employment, services or programs facing disabled individuals. Relative to employment, the City shall not discriminate against a qualified individual with a disability because of the disability of that person with regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, and job training. In addition, the City shall not discriminate against qualified individuals with a disability with regard to other terms, conditions and privileges of employment. The aforementioned policy shall apply to all contacts with the public, to job applicants, and to all terms and conditions of employment. The City will provide training in an effort to enable all employees to recognize, assess and to respond to all actions which may be construed to be discriminatory in nature or which may constitute harassment of disabled individuals. The City is committed to enabling all qualified individuals with a disability to equal employment opportunities with or without reasonable accommodation. The City will tailor the accommodation of a qualified disabled individual to match the needs of that individual with the needs of the job's essential functions. So that a qualified worker with disabilities can perform the essential functions of a specific job, the City will carry out the following: 1. Identify the barriers to equal employment opportunity (i.e., by determining essential job tasks, evaluating the workrelated abilities and limitations of the disabled individual); 2. Explore the accommodations options that would enable effective performance of the essential job tasks by the disabled individual; 3. Assess the reasonableness of each accommodation option in terms of effectiveness for that individual; and

18 4. Implement the reasonable accommodation which is most effective and does not impose any undue hardship on the City. In assessing whether an accommodation would constitute an undue hardship on the City, the following factors shall be considered: the nature and the cost of the accommodation needed; the overall financial resources of the City; the number of employees and the effect of the accommodation on its operations. Again, each request for reasonable accommodation shall be assessed on a case-by-case basis as will the undue hardship exception. For purposes of this policy and the complaint procedures guidelines, the Affirmative Action Officer shall be the Human Resources Manager or his or her designee. The Affirmative Action Officer is responsible for the enforcement of the policy as it relates to employment issues. For purposes of this policy, the Accessibility Compliance Officer shall be the City Manager or his or her designee. The Accessibility Compliance Officer is responsible for the enforcement of the policy as it relates to accessibility to facilities, programs and services. All complaints of discrimination or harassment shall be promptly and objectively investigated and disciplinary action, up to and including termination, shall be taken commensurate with the severity of the violation. The City prohibits any retaliatory action taken against a person for filing a discrimination charge or making a discrimination complaint. Definitions "Auxiliary Aids and Services" include acquisition or modification of equipment or devices, readers or interpreters, taped texts or any other methods which assist individuals with hearing or visual impairments. "Disability" means any of the following: a physical or mental impairment that limits one or more of the major life activities of the individual; a record or history of such an impairment; or being regarded as having such an impairment. "Reasonable Accommodation" must be determined on a case-by-case basis but may include making existing facilities which are used by employees readily accessible to and usable by individuals with disabilities. Reasonable accommodation may also include part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations for individuals with disabilities. "Qualified Individual with a Disability" means an individual with a disability who, with or without reasonable accommodation can perform the essential functions of the employment position that individual holds or desires. The City would like to acknowledge the use of the following publications and materials: "Tips for Employer Compliance with the Requirements of Title 1", Nancy F. Earsy, General Counsel Legal Department, Massachusetts Rehabilitation Commission; Patrick J. Maher, Morrison & Forester, San Francisco, CA; Kay & Stevens, Palo Alto, CA; Americans With Disabilities Handbook, published by the Equal Employment Opportunity Commission and the US Department of Justice, October II. COMPLAINT PROCEDURE The purpose of this complaint procedure is to assure all City employees, applicants for City positions, and citizens fair discussion of issues related to the City's efforts to maintain a workplace free from discrimination and harassment of any kind and promote accessibility of City facilities and programs to the disabled community; to encourage the informal, orderly and prompt resolution of problems; to provide for complaints to be settled as near as possible to their point of origin; to promote full communication between the City and its employees, job applicants and members of the public. The City is committed to resolving as promptly as possible complaints that the City has violated state or federal laws or regulations related to discrimination on the basis of disability, including the Americans with Disabilities Act of Fair, equitable and prompt resolution of all applicant, employee and public complaints and problems related to employment and accessibility is the established policy of the City of Walnut Creek. Use of this procedure shall not reflect unfavorably on the applicant, the employee, the citizen, the supervisor, the Department Director, or the general

19 management of the City. Retaliatory or discriminatory action against an applicant, employee, or other individuals using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy. The City will take steps to ensure thorough, objective and timely investigation of all complaints. Upon completion of an investigation the designated compliance officer shall determine whether the alleged conduct constitutes a violation of City policy, giving consideration to all factual information gathered through the investigation, and the totality of the circumstances including the nature of the alleged conduct and the context in which the alleged incident(s) occurred. If it is determined that City policy has been violated, swift and appropriate disciplinary action commensurate with the severity and/or frequency of the offense will be taken. Reasonable steps shall be taken to protect the victim and other potential victims from further harassment or discrimination. Reasonable steps shall be taken to protect the victim from retaliation as a result of making the complaint. A. IMPLEMENTATION 1. EMPLOYMENT ISSUES a. City Employees Complaints of City employees regarding alleged violations of City accessibility policy related to employment shall be resolved in the manner prescribed by Chapter 11 of the City's Personnel Rules, except that all complaints must be submitted in writing to the Affirmative Action Officer within thirty (30) days of the incident in question. The time period for filing complaints may be extended by the Affirmative Action Officer for good cause shown. At any stage of this process the employee may request a meeting with the Affirmative Action Officer in order to discuss City policy relevant to the complaint. If the employee is not satisfied after informal discussion with the Affirmative Action Officer, he/she may follow the procedure prescribed in Section 1106 of the City's Personnel Rules for City Manager review of complaints. The decision of the City Manager shall be final. b. Job Applicants Applicants to City positions who have complaints regarding equal employment opportunity within the City must submit the problem in writing to the Affirmative Action Officer within thirty (30) days of the action or incident in question, in order to facilitate timely investigation and resolution of the complaint. The time period for filing complaints may be extended by the Affirmative Action Officer for good cause shown. The Affirmative Action Officer shall discuss the complaint with the applicant after investigation and compilation of all pertinent facts to the complaint. The Affirmative Action Officer must notify the complainant of his/her decision within ten (10) calendar days from the date of submission. If the complainant is not satisfied after informal discussion with the Affirmative Action Officer, he/she may follow the procedure prescribed in Section 1106 of the City's Personnel Rules and Regulations for City Manager review of informal complaints. The decision of the City Manager shall be final. 2. PROGRAM/FACILITIES ACCESSIBILITY ISSUES Complaints from qualified disabled members of the public regarding discrimination or accessibility to City facilities or programs shall be submitted in writing, if possible, to the Department Director responsible for the facility or program in question, with a copy to the City's Accessibility Compliance Officer, within thirty (30) days of the incident or accessibility problem, in order to facilitate investigation and resolution of the complaint; situations in which the complainant is unable to prepare a written statement of their complaint as a result of their disability, the Department Director and Accessibility Compliance Officer shall accept a statement in the appropriate format. The time period for filing complaints may be extended by the Department Director for good cause shown. Qualified disabled members of the public under this procedure are those with physical or mental impairment which substantially limits one or more major life activity as defined by the federal Americans with Disabilities Act of 1990 ("ADA"), and its implementing regulations, and applicable state laws. The Department Director shall discuss the complaint with the individual after investigation and compilation of all facts pertinent to the complaint. The Department Director must notify the Complainant of his/her decision within ten (10) calendar days from the date of submission.

20 If the complainant is not satisfied with the decision of the Director, he/she may appeal the decision by requesting a hearing with the Accessibility Compliance Officer within ten (10) calendar days after receipt of written notice of complaint resolution from the Department Director. A hearing will be scheduled within forty-five (45) calendar days from receipt of written notice of request for a hearing unless the time for hearing is extended for good cause shown. The decision of the Accessibility Compliance Officer shall be made in writing within thirty (30) calendar days of the close of the hearing and shall be final. QUESTION/COMPLAINT CONTACT INFORMATION For Employment Issues Contact Sally A. Rice, Human Resources/Risk Management For Program/Facilities Accessibility Contact Carolyne Challice, Architect, Issues Accessibility Compliance Officer

21

22

23

24

25

26

27

28

29

30 CITY OF WALNUT CREEK ADMINISTRATIVE POLICY NO Established: 1976 Revised: 1989 Reissued: September 1, 1999 Revised: January 1, 2002 EQUAL EMPLOYMENT OPPORTUNITY POLICY PURPOSE To ensure that all job applicants and City employees benefit from equal employment, training, and advancement opportunities. POLICY Equal Employment Opportunity is the established policy of the City of Walnut Creek and all personnel actions will be made in accordance with the principles of affirmative action. City officials, management, and employees shall ensure that all personnel actions are free from discrimination and prejudice, and that the workplace atmosphere is one which fosters mutual understanding and respect among all employees. The goal of equal employment opportunity shall be pursued through the Affirmative Action Plan, which sets forth the methods and procedures by which this commitment is to be implemented. IMPLEMENTATION The City will recruit, select, employ, and advance without regard to race, religion, color, national origin, ancestry, disability, marital status, medical condition or history, pregnancy, gender, sexual orientation, age or veteran status. Affirmative action will be taken to equitably represent, compensate, train and advance females, members of minority groups, physically handicapped persons, disabled veterans and Vietnam era veterans in all levels of our workforce. All employment decisions and personnel actions will be taken in accordance with the City s merit system and Personnel Rules and Regulations. All managers must commit to the goals and responsibilities set forth in the Affirmative Action Program. Managers will respond to any employee questions or need for counseling regarding affirmative action and equal opportunities made by personal contact, telephone, or in writing. The City will periodically conduct analysis of all personnel actions to ensure equal employment opportunity for all employees. RESPONSIBILITY The City Manager shall have overall responsibility for this program. To direct implementation of the Affirmative Action Program, the Human Resources Manager is appointed Affirmative Action Officer. All employees are urged to continue their cooperation and support of the City s objectives in equal employment opportunity.

31 COMPLAINT PROCEDURE The purpose of this procedure is to assure all City employees and applicants for City positions fair discussion of issues; to encourage the informal, orderly and prompt resolution of problems; to provide for complaints to be settled as near as possible to their point of origin; to promote full communication between the City and its employees; and to promote full communication between the City and applicants for its positions. Fair, equitable, and prompt resolution of all applicant and employee complaints and problems related to employment is the established policy of the City of Walnut Creek. Use of this procedure shall not reflect unfavorably on the applicant, the employee, the supervisor, the Department Director, or the general management of the City. Retaliatory or discriminatory action against an applicant or employee for using this procedure or discrimination in the application of a rule or policy shall be a violation of City policy. Complaints of City employees shall be resolved in the manner prescribed by the City s Personnel Rules; at any stage of the informal complaint procedure the employee may request a meeting with the Affirmative Action Officer in order to discuss the City s Affirmative Action Policies and pertinent legislation relevant to the complaint. Applicants to City positions who have complaints regarding equal employment opportunity within the City may submit the problem in writing to the Affirmative Action Officer. The Affirmative Action Officer shall discuss the complaint with the applicant after investigation and compilation of all facts appropriate to the complaint. The Affirmative Action Officer must notify the complainant of his/her decision within ten calendar days from the date of submission. If the complainant is not satisfied after informal discussion with the Affirmative Action Officer, he/she may follow the procedure prescribed in Section 1106 of the City s Personnel Rules and Regulations for City Manager review of informal complaints. The decision of the City Manager shall be final. The Affirmative Action Officer shall have overall responsibility for the fair implementation of this complaint procedure. All supervisors, Department Directors, and general management of the City shall be responsible for correct use of this complaint procedure and shall report to the Affirmative Action Officer any related practices which might have discriminatory effects.

32

33

34

35 CITY OF WALNUT CREEK ADMINISTRATIVE POLICY NO Issued: June 1991 GIFTS POLICY In general, employees may not accept or solicit gifts, free services, loans, entertainment or other items of value from those doing business with the City or from those whose interests could be affected by official actions. This includes those who have or are seeking to obtain contractual or other business or financial relations with the City; those who conduct operations or activities that are regulated by the City, or who have interests that may be substantially affected by the performance or non-performance of an individual employee's official duties. It also includes those who may attempt to reward or influence an employee's official actions. It is important that employees avoid the appearance of impropriety as well. Items may not be accepted if acceptance could affect an employee's impartiality or give that appearance. EXCEPTIONS Under certain circumstances employees may accept gifts or other items such as: o o o o o unsolicited advertising or promotional material of nominal value such as pens, note pads and calendars; awards for meritorious public contributions given by a civil, religious, professional or other group; food or refreshments of nominal value on an infrequent basis in the ordinary course of business; however, circumstances under which these items are acceptable or narrowly construed, such as a closed setting with no options or alternative available or when offered to all participants or attendees of a meeting or convention; some departments may have additional limitations based on program needs; any item, such as dinner, in situations where the relationship is obviously family and where the circumstances make clear that it is that relationship rather than the business of the persons concerned which is the motivating factor (such items should not appear on the giver's business expense account) ; and loans from banks or other financial institutions accepted on customary terms. WHERE TO GO FOR HELP Employees should be aware that there are criminal and civil provisions relating to the asking for or accepting of gifts, entertainment and favors found in the Penal and Government Codes. Questions relating to these areas may be referred to the Human Resources Manager.

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64 E. Loss Recovery The City shall aggressively seek reimbursement for any losses to the City and its assets. F. Risk Analysis The City shall collect industry-wide and City-specific loss data and conduct analysis to determine if any changes in its risk management approach would reduce risk or losses. G. Policies, Programs and Procedures The City will develop policies, programs, plans and procedures to reduce or prevent risk and will strive to maintain those Cal-OSHA required policies, programs and procedures that are relevant to City operations. H. Training and Risk/Safety Awareness Culture The City will provide training to all employees, as applicable, on safety, loss prevention and risk management. The City will also maintain a culture of safety, loss prevention and risk management in its practices, communication, and accountability. III. AUTHORITY AND RESPONSIBILITY A. City Manager 1) Establish risk management as a priority. 2) Establish responsibility/authority for risk management through policy, programs and Memoranda of Authority. 3) Advise the City Council on risk management implications as appropriate. B. City Attorney s Office 1) Ensure legal compliance in City operations and policies. 2) Advise the City Council on risk management implications as appropriate. 3) Respond to all claims against the City, lead the defense of such claims and deny or approve claims of $10,000 or less. 4) Draft, approve and may negotiate contracts the City enters into with other parties. 5) Write and/or review various City policies and City documents. 6) Advise the City Council on litigation that involves or impacts the City. 7) Handle all loss recovery efforts of the City. C. Risk Manager 1) Lead the risk management culture in the organization. 2) Oversee the Injury Illness Prevention Program. 3) Oversee the City s Risk Financing Program. Risk Management Page 2 Administrative Policy #203

65 4) Conduct risk assessments and analysis and make recommendations to the City Manager, City Attorney and Directors. 5) Lead discussions and make recommendations to the City Manager, City Attorney and Directors on which risk approach to take on a given program or service. 6) Provide final direction on special events or special programs regarding mitigation measures and insurance requirements. 7) Develop City-wide policies and procedures. 8) Provide City-wide training. 9) Serve on the Municipal Pooling Authority Board of Directors. D. Department Directors 1) Establish a risk management culture within the department. 2) Allocate resources for risk management and safety programs, as appropriate. 3) Establish department specific risk management or safety policies and procedures, including hazardous conditions prevention and response. 4) Ensure risk management and safety policies and procedures are followed in the department. 5) Provide department specific training, as applicable. E. Managers 1) Establish a risk management culture within the division. 2) Allocate resources for risk and safety policies, as appropriate. 3) Ensure risk management and safety policies and procedures are followed in the division. 4) Ensure employees attend required training. F. Supervisors 1) Establish a risk management culture within the work group. 2) Ensure employees are provided resources for risk and safety programs, as appropriate. 3) Ensure risk management and safety policies and procedures are followed in the work group. 4) Ensure employees attend required training and provide tailgate training as appropriate. G. Employees 1) Follow all risk management and safety policies and procedures. 2) Attend required trainings. 3) Report and mitigate, if possible, risky or unsafe conditions/situations immediately, per policies and procedures. 4) Offer suggestions for risk avoidance/mitigation or improved safety procedures. 5) Report accidents/injuries immediately. Risk Management Page 3 Administrative Policy #203

66 IV. POLICIES AND PROCEDURES The City will maintain various policies and procedures to implement the goals of this policy, including Accident Reporting, Handling Risks and Tort Claims, City Property Damaged by Others, Hazardous Conditions, and the Injury Illness Prevention Plan and related programs. V. ACKNOWLEDGEMENT Upon receipt of this policy, each employee shall sign a form acknowledging that the employee has received and is responsible for reading and following the provisions of this policy and attached procedures. POLICY HISTORY This policy was originally issued as Administrative Policy Number 79-3 on April 26, Revised by the City s Risk Manager, amended, and renumbered as Administrative Policy 203 effective February 21, Risk Management Page 4 Administrative Policy #203

67 CITY OF WALNUT CREEK PROCEDURES FOR HANDLING RISKS AND TORT CLAIMS February 2012 A. CORRECTION OF HAZARDOUS CONDITIONS 1. All City employees who, during the course of their work, observe physical conditions which need to be corrected should submit a Municipal Service Request to the responsible department or contact the responsible department immediately in the event of an immediate hazard to the public. 2. When any department receives notice of a defective or dangerous condition existing on City property, immediate steps shall be taken to correct the hazard or warn the public of the hazard (i.e., signs, or barricades) until it can be repaired. a. If notified of a possible sidewalk defect, the Street Maintenance Division will follow its Sidewalk Replacement Program. 3. Inspections by underwriters, the Municipal Pooling Authority (MPA), or consulting engineers, will be coordinated by the City Attorney's Office or the Risk Manager. B. ACCIDENT REPORTING 1. General Reporting of all accidents shall be prompt, accurate and complete. General instructions to be followed by employees in case of any accidents or losses involving the public or City property are as follows: a. Be calm and courteous. b. Do not express acceptance of any liability or fault on the part of the City or draw any conclusions as to the facts asserted at the scene. c. In the case of a vehicle accident, an employee shall summon medical care for any injured parties, notify the appropriate law enforcement agency immediately, and notify his/her supervisor as soon as possible. The employee and his/her supervisor shall follow the Accident Guidelines and Reporting Requirements contained in the City s Vehicle Use Policy. Procedures For Handling Risks and Tort Claims Page 1

68 d. Complete a City Accident Report Form and forward it to the City Attorney's Office, with a copy to the appropriate Department Director and Risk Manager, within one working day of the occurrence. Include all relevant details including witnesses names, if available. 2. Damages to Private Property a. In the event an employee, working in an official capacity and in the course and scope of his or her employment, is involved in an accident wherein private property is damaged, the employee may be protected personally against claims for said damages if reasonable care was exercised and if the employee did not willfully violate the law. b. If an employee operating a personal vehicle while on City business, is involved in an automobile accident on any street or highway, which causes more than $750 in property damage, or in which anyone is injured, including the employee, the employee must report the accident to the California Department of Motor Vehicles within ten (10) days using DMV form SR-1 (see Vehicle Code Sections ). Any person who willfully fails to file a report may have his/her driving privileges suspended by the Department of Motor Vehicles. c. The City has no liability to employees who lose personal property to theft that occurs at work or during course and scope of employment. (The employee s Homeowner s policy or similar insurance coverage carried by an individual may cover this type of loss.) 3. Damages to City Property a. By City Employees: (1) Employees acting in an official capacity and during course and scope of employment may not be held responsible for damages to City property in his or her custody if reasonable care was exercised and if the employee did not violate the law. In the event an employee is deemed responsible for damages or loss of City or private property, the City may hold an employee financially liable for part or all of the loss and/or take appropriate disciplinary actions. (2) Upon receipt of the Accident Report Form from an employee involved in an accident, the City Attorney's Office shall forward a Damage to City Property form to the Department responsible for maintaining the property in order to properly assess the cost of repairing the damages or replacing the loss. Procedures For Handling Risks and Tort Claims Page 2

69 (3) The responsible Department will assume the cost of the first $500 of loss in the event of theft, damage to, or loss to City property if it is determined to be the fault of the employee. b. By Identifiable Private Individuals: (1) A police report shall be prepared. The City Attorney s Office shall forward a copy of the report to the Risk Manager, maintain a file of the incident and forward a Damage to City Property form to the Public Service Department or other appropriate Department. (2) The Public Service Department shall initiate the repair or replacement of the property involved and submit a completed Damage to City Property form, along with any appropriate invoices to the City Attorney s Office. (3) The City Attorney s Office shall review the costs for completeness and accuracy; and shall initiate and forward to Finance any invoices, along with the Police Report number, for direct billing of the responsible party, receipt of payment and/or collection procedures. (4) In the event a City employee is injured as a result of the responsible party, the City s costs regarding the employee s lost time (i.e., wages, benefits) and actual medical expenses are obtained by the Risk Management Office from Human Resources and are added to the billing to the responsible party. (5) If, with receipt of full payment of the damages by the responsible party, a form to waive the City s right to seek further damages is submitted, the City Attorney's Office shall review such waiver prior to signing. Such a waiver to finalize the party s obligation to the City does not preclude nor waive an injured employee of his/her right to seek legal remedy from the responsible party as an individual. In that event, the employee should consult with his/her personal attorney. c. By Unknown Individuals: (1) If the responsible party cannot be identified, the cost of replacement or repair may be billed to the "vandalism" account or other appropriate account upon approval of the Risk Manager. Procedures For Handling Risks and Tort Claims Page 3

70 C. CLAIMS AGAINST THE CITY California Government Code Sections 935 et seq. provide for the establishment of local procedures for the establishment of claims filed under the California Government Tort Claims Act (Government Code Sections 900 et seq.). 1. Receipt of Claim a. Claim forms are available at City Hall from the City Clerk's Office and the City Attorney s Office. Claims by members of the public against the City shall be presented to the City Clerk and referred immediately to the City Attorney s Office for proper disposition. Verified Claim forms outlining information needed for processing are available from the City Attorney s Office for use by claimants. b. Claims received shall be date stamped immediately upon receipt (for purposes of processing). 2. Transmittal a. Once a claim is received by the City Clerk's office, it shall be logged and forwarded to the City Attorney for evaluation. The City Attorney's Office shall then forward a copy of the claim and any associated or supporting materials, such as a police or CHP report, statements, or photos, to the City s claims adjuster for action at the Municipal Pooling Authority. b. If the City is aware of a serious accident involving the City and a private citizen or his/her property, the City Attorney s Office shall notify the City s claims adjuster immediately to convey as many of the details as possible prior to the receipt of a verified claim. c. A Municipal Service Request (MSR) or a similar form request, with a copy of the claim or accident report, shall be forwarded by the City Attorney s Office to the appropriate Department in the event a defective condition needs prompt attention. 3. Processing of Claims a. After review and investigation, the City s claims adjuster forwards to the City a written recommendation for denial, rejection as late or insufficient, acceptance or settlement of each claim. If a denial is recommended and agreed upon by the City Attorney's Office, a letter of denial is prepared and forwarded to the claimant. Notice of late claims shall be forwarded to the claimant within 45 days of receipt of the claim Procedures For Handling Risks and Tort Claims Page 4

71 (Govt. Code 911.3) and notices of insufficient claims are to be forwarded to claimant within 20 days of receipt of the claim (Govt. Code 910.8). (1) To the extent possible, the letter of denial shall be sent to the claimant within 45 days of receipt of the claim. (2) If the denial cannot be sent within 45 days of receipt of the claim, the claim is deemed denied by operation of law and the claimant's right to take legal action is extended from six months of his/her receipt of denial letter to two years. b. Release Statements waiving a claimant s right to seek further damages against the City in the event of a negotiated settlement shall be prepared and executed by the claims adjuster or the City Attorney s Office prior to settlement payments. c. In the event a lawsuit is filed against the City as a result of a claim, the City Attorney s office is responsible for coordinating defense information between the appointed legal counsel and the Municipal Pooling Authority. All pertinent information must be provided through the City Attorney s Office to the claims adjuster or legal counsel to assist the firm in its claims investigation and/or defense. Representatives of the claims adjusting firm, as part of their responsibility, may attend and assist in the fact finding process with the City s defense counsel at the pre-trial conferences. d. When a suit or summons against the City is filed with the City Clerk, it should be forwarded immediately to the City Attorney for legal action, with an information copy sent to the Risk Manager and the Municipal Pooling Authority. The claims adjustment firm will coordinate information for defense of the City with the City Attorney or the legal counsel appointed by the City Attorney throughout its litigation. e. Action brought against the City in small claims court by an individual shall normally be defended by an employee designated by the Director of the affected Department or the Risk Manager. 4. Late Claims Claims received by the City after the 6 months statutory period following the incident are deemed late claims and will be reviewed in accordance with the provisions of the California Tort Claims Act. If a claimant files an application for leave to file a late claim, the City Attorney s Office shall consider the facts at hand and may accept or deny the application in accordance with law. Acceptance of an application for leave to present a Procedures For Handling Risks and Tort Claims Page 5

72 late claim does not imply favorable consideration of the merits of the claim. 5. Disclosure No member of City staff, except as provided for herein, shall attempt to deal with a claimant or his/her representative. Information contained in the Claims/Risk Management files is deemed confidential and protected by the attorney/client and/or work product privileges and shall not be made available for use by claimants. All inquiries regarding claims shall be referred to the City Attorney s Office. Employees, in turn, should only discuss issues regarding claims with those individuals authorized in writing by the City Attorney s Office. The claims adjuster shall compile all the information necessary on each claim to ensure that the investigation and evaluation of each is thorough. The City Attorney s Office shall, in turn, provide police reports, when legally available, expense statements, photos, testimony, engineering reports and any other necessary evidential information available through City resources. 6. Funding of Claims Paid a. Authority to settle claims in the amount up to $10,000 must be approved by the City Attorney s Office. Settlement of claims in an amount over $10,000 requires City Council approval. History Prepared by the City Attorney s Office. Revised February 21, Procedures For Handling Risks and Tort Claims Page 6

73

74 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 2 of 10 I. PROGRAM RESPONSIBILITIES & COMPLIANCE WITH THE IIPP: The City s system of ensuring that employees comply with IIPP include: Informing all employees of the provisions of the IIPP. Evaluating individual safety performance. Annual evaluation of each Department s implementation of their safety training plan. Recognizing employees who perform safe and healthful work practices. Providing training, both initially and remedial to employees whose safety performance is deficient. Disciplining employees through standard progressive discipline for failure to comply with safe work practices after being trained and reminded. Risk Manager: The Risk Management office is responsible for the overall administration of the Injury and Illness Prevention Program (IIPP). The Risk Manager shall determine the Safety Policy and Administrative Procedures related to safety and will ensure compliance with the IIPP among all employees. City-wide Safety Committee: This committee shall be under the direction of the Risk Management/Human Resources staff and will have the following duties: Create and administer City-wide safety recognition and promotional programs. Assist departments with safety inspections, if necessary. Develop a City-wide safety training plan. Review accident investigation reports for trends and prevention opportunities. Provide reports to the Risk Manager and Department Directors on accident trends or potentially hazardous conditions that have not been corrected. Design, plan and implement safety-related activities. Risk Management/Human Resources Staff is responsible for the day-to-day administration of the IIPP, and will: Coordinate the City-wide Safety Committee's activities. Assist departments in creating and updating their safety action plan. Attend departmental safety meetings and provide support as needed. Develop safety training for management and non-management staff. Comply with OSHA record keeping and reporting requirements. Analyze injury statistics for reporting to the City-wide Safety Committee periodically. Investigate all serious or fatal employee accidents.

75 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 3 of 10 Department Directors: are responsible for the leadership and administration of the safety program in their department. They must ensure that all safety and health policies and procedures are clearly communicated and understood by all employees. To meet this goal, they may organize department-specific safety committees. In addition, they shall: Develop an annual department specific safety action plan. Designate appropriate representatives for participation on the City-wide Safety Committee and support the Committee's activities, goals and objectives. Actively participate in accident investigations and implement appropriate corrective measures. Provide and enforce the use of personal protective equipment. Ensure that equipment, materials and work areas are maintained in a safe condition. Respond to inquiries and recommendations from the Manager of Safety and Disability. Communicate and enforce the codes of safe practices fairly and uniformly. Ensure that employees attend designated safety training and related events. Arrange for safety inspections periodically. Participate in emergency preparedness and fire prevention drills. Implement safety recommendations from Risk Management. Disseminate safety and risk management information to the appropriate employees. Keep informed of laws, standards and attend management training related to injury prevention. Managers/Supervisors: Supervisors provide a critical role in the successful operation of a comprehensive employee safety program. Each Supervisor shall make the safety of employees an integral part of their management function. In effectively executing safety responsibilities, supervisors will: Keep their Department or Division informed of all safety issues or problems. Support the Department's safety action plan, activities, goals and objectives. Understand and enforce safety requirements and codes of safe practices applicable to operations within their area of responsibility. Outline annual department-specific safety communication topics. Conduct safety orientations and training of new hires. Instruct employees on hazards that are unique to their job. Conduct task observations of all employees periodically to assure compliance with safety procedures. Conduct regular safety inspections of work areas. Hold safety meetings and disseminate risk management information to employees. Conduct accident investigations and implement corrective action to prevent recurrences of injury.

76 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 4 of 10 Ensure that equipment, materials and work areas are maintained in a safe condition. Keep informed of laws and standards and attend management training related to injury prevention. Provide personal protective equipment and monitor its use. Provide recommendations to mitigate safety hazards. Employees: It is the responsibility of each employee to work safely and comply with codes of safe practices. Employees are expected and encouraged to assist management in accident prevention activities, and shall: Attend scheduled safety trainings. Be aware of safety regulations and codes of safe practices applicable to the work being done. Report unsafe conditions and practices immediately to their immediate supervisor or, confidentially, through the City s confidential reporting hotline, ActionLine at at Maintain good housekeeping activities at all times. Report all injuries and exposures to a supervisor on the day of occurrence. Use the personal protective equipment provided. Wear appropriate clothing and footwear for the job task. Operate equipment with all safety guards in place. Coach fellow employees on safe work practices, whenever appropriate Perform only authorized jobs. II. SAFETY COMMUNICATIONS: The City of Walnut Creek recognizes that open, two-way communications between City management and staff on health and safety issues is essential to an injury free, productive workplace. The following system of communication is designed to facilitate a continuous flow of safety and health information between management and staff in a manner that is readily understandable and consists of: New employee orientation to include a discussion of safety and health policies and procedures. A review of the IIPP with all employees. Anonymous safety reporting program through the use of the Unsafe Conditions Report to the Manager of Safety and Disability. Safety training programs. City Safety Manuals and Policy and Procedures made available. Material Safety Data Sheets available.

77 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 5 of 10 III. SAFETY HAZARD ASSESSMENT: Safety Inspection Program: Periodic safety inspections to identify and evaluate workplace hazards shall be performed in all City Departments by the Department Director and/or designee. The inspections shall be done using either a standard or department-specific checklist. Records of the inspections and documentation of corrective action taken shall be maintained in Department files. Safety inspections shall be performed according to the following schedule: Periodically as determined by the Department Director and the Safety Committee. When new substances, processes or equipment, which present potential new hazards, are introduced into the workplace. When new hazards are recognized. Whenever workplace conditions warrant an inspection. The Risk Management/Safety staff, outside safety and risk control specialists or occupational hygienists may do additional inspections. These will be done based upon a specific need or as the result of a serious accident. All reports of inspections will be forwarded to the Department Director for action. Hazard Evaluation Process: These General Safety Hazards for City of Walnut Creek Authorized Positions are: Aquatics Burns Chemical Spills Compressed Air Dust, Fumes, Mists, Gases & Indoor Air Electrical Shocks & Burns Emergencies / Disasters Falls from Elevations Falls from Mobile Equipment Firearms Fires Foot Injuries Foreign Body in Eye Forklifts & Industrial Truck Operations Hazardous Materials/Chemicals Hearing Loss Infectious Diseases & Bloodborne Pathogens General Safety Hazards Lacerations Ladders Mental/Psychiatric Injury Motor Vehicles at the Worksite Office Equipment Operation of a Motor Vehicle Police Pursuit Operations Police Arrest Operations Powered Tools Repetitive Motion Slips, Trips and Falls Strains and Sprains Struck by Supplies/Equipment Tree Falling Operations Trenching and Excavation Work Violence in the Workplace Welding and Cutting Working in Confined Spaces

78 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 6 of 10 A Job Safety Analysis for General Work Areas and Specific Job Safety Classes are being developed for each Job Safety Class. These analyses will provide a comprehensive list of preventive safe work conditions, safe work practices and/or personal protective equipment needed to protect all employees who are in a particular Job Safety Classification from injury. Codes of Safe Practices for each Job Safety Class are contained in the appendix of the IIPP. IV. INJURY REPORTING AND ACCIDENT INVESTIGATION PROCEDURES: When an employee is injured on the job, or when any employee first notices an illness that arose out of or occurred in the course of their job duties, they shall report such instances to their supervisor immediately. The SUPERVISOR'S REPORT OF EMPLOYEE OCCUPATIONAL INJURY OR ILLNESS and the DWC-1 Workers Compensation Claim Form must be completed and forwarded to Human Resources, regardless of the extent of injury. The supervisor must investigate the accident within 24 hours of the date of knowledge of the incident using the Supervisors Report of Employee Occupational Injury or Illness form (available in the forms section of the Human Resources page on the Intranet). The following accident investigation steps shall be completed: 1. Interview the injured employee and any witnesses. 2. Visit the accident scene and corroborate or note any inconsistencies in the statements of the employee or witnesses. 3. Examine the workplace factors for unsafe conditions associated with the accident/exposure. 4. Determine the cause of the accident/exposure. 5. Develop a plan for corrective action, if applicable, including the date of implementation. Accident Reporting Procedures Involving City Vehicles: The City of Walnut Creek's Police Department is called for investigation of all accidents on city streets involving a City Vehicle. If any City employee is injured in an accident involving a City Vehicle, they shall complete the appropriate employee accident report in addition to the vehicle damage report. For more details, refer to the City s Vehicle Use Policy.

79 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 7 of 10 V. HAZARD CORRECTION: It is the City's intention to abate, with all reasonable speed, any hazard, which gives rise to a risk of harm in the workplace. In correcting a potentially unsafe condition, appropriate precautions will be taken to protect the safety of employees. The following action plan will be implemented for identified hazards in the work place: Removal or reduction of the hazard where possible, if applicable. Removal or relocation of employees from the area of exposure, if applicable. Provide guarding mechanisms appropriate to the hazard and the specific process or piece of equipment being used. Provide appropriate personal protective equipment. Provide training in recognizing and taking self-corrective action regarding the hazard. VI. HEALTH AND SAFETY TRAINING: Training in the hazards unique to the workplace and the procedures to prevent accidents (personal protective equipment, tool guards, safe handling of chemicals, safe use of tools and equipment etc.) is critical to risk control and is required by various Title 8 Safety Orders. The appropriate safety training shall be provided: To all new employees upon hire. Whenever an employee is given a new job assignment for which training has not previously been provided. Whenever new substances, processes, procedures or equipment that represent a new hazard are introduced into the workplace. Whenever the City is made aware of a new or previously unrecognized hazard. When required by a Title 8 Safety Order. To every supervisor and management staff member to ensure understanding of the safety procedures and rules that apply to their department/division. Whenever the Department Director feels that additional safety training is necessary. All records of Department-specific training activities (orientation, "tailgate safety", workplace security, special workshops, etc.), shall be maintained by each Department. Training Subjects: Safety training subjects include, but are not limited to the following: 1. An explanation of the IIPP, Emergency Action Plan, Wellness Program, and Employee Assistance Program.

80 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 8 of How to report unsafe conditions or work practices. 3. The safe use of tools and equipment. 4. The use of personal protective equipment and the appropriate clothing for work, including footwear and gloves. 5. The provision of medical services and first aid. In addition, employees will be provided job specific safety training in the following subjects depending on what Job Safety Classification they are in: Aquatics Bloodborne Pathogens and Infectious Disease Control Plan Body Mechanics Code of Safe Practices for their Job Safety Class Compressed Air Safety Confined Space Entry and Rescue Procedures Defensive Driving and Police pursuit training Electrical Safety Program Elevated Locations Ergonomics Safety Program First Aid /CPR/ BLS Hazard Communication Program HAZWOPER Hearing Conservation Program Industrial Truck Safety Ladder Safety Materials Handling Mobile Equipment Safety Police arrest operations Power Tools Respirator Protection Program Special Operations (Tree Falling) Traffic Control Safety Trenching & Shoring Safety Tree Cutting Weapons Safety Welding and Cutting Safety Workplace Violence Prevention The City-wide Health and Safety Committee will support a core group of City-wide safety training and communication topics. Department Directors will identify department specific safety training topics and will create an overall safety training and communication plan for their department.

81 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 9 of 10 VII. RECORDKEEPING: Each Department Director maintains records of safety inspections and the action taken to correct identified unsafe conditions. Documentation of employee safety training is maintained in each Department. Loss information and injury statistics including the OSHA 200 log is maintained by the Risk Management/Human Resources Division. VIII. PERIODIC PROGRAM EVALUATION: The City-wide Health and Safety Committee, under the leadership of the Risk Management/Human Resources staff, will conduct periodic evaluations of the City-wide IIPP. The evaluation utilizes a variety of information sources, including reports from the workers compensation claims administrators for statistical trending of claims history. Accident investigation reports are evaluated for completeness, corrective measures identified and action taken. Department safety activities (safety inspections, employee safety training etc.) are compared to the Departments annual safety training and communications plan. This annual review examines the performance and effectiveness of the IIPP as it is applied in each Department and City-wide.

82 City of Walnut Creek, Risk Management/Safety: Injury and Illness Prevention Program Page 10 of 10 APPENDIX Each Department/Division shall communicate the relevant Codes of Safe Practices to its staff.

83

84

85

86

87 CITY OF WALNUT CREEK EXPOSURE CONTROL PLAN FOR BLOODBORNE PATHOGENS Revised August 2010

88 TABLE OF CONTENTS Introduction 1 Section 1 - Bloodborne Pathogens & How They Are Transmitted 2 Bloodborne Diseases 2 Modes of Transmission 3 Section 2 - Exposure Control Plan 4 Universal Precautions 4 Occupational Exposure - Precautions and Procedures 5 Personal Protection Equipment 6 Procedure in Cases of Actual or Suspected Exposure Incident 8 Exposure Incident Reporting Procedure 10 Post-Exposure Follow Up 11 Section 3 - General Program Management 12 Implementation Responsibilities 12 Section 4 - Work Practice Controls 14 Worksite Regulations 14 Signs and Warning Labels 15 Hepatitis B Vaccination 15 Employee Training 16 Exhibit 1 - Hepatitis B Vaccination Declination Form

89 CITY OF WALNUT CREEK EXPOSURE CONTROL PLAN FOR BLOODBORNE PATHOGENS INTRODUCTION The purpose of this Exposure Control Plan is to protect employees who may come in contact with blood and body fluids (substances that may contain pathogens, small organisms that can cause serious disease) in the day-to-day performance of their job and to prescribe appropriate action in the event of exposure. This plan applies to all City employees with occupational exposure to blood, bodily fluids or other potentially infectious materials. Occupational exposure means potential and actual skin, eye, mucous membrane, or other contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. City of Walnut Creek employees with occupational exposure include those whose jobs require the employee to provide emergency first aid and CPR and those who may be exposed to harmful materials in the course of daily work. Police personnel, recreation and custodial employees are some of the affected individuals. A comprehensive list of covered employees is on page 5. The Exposure Control Plan is consistent with materials contained within the City of Walnut Creek Injury and Illness Protection Plan (IIPP) and becomes a part of that plan. This Plan will be made available to all employees. Please refer to this resource as needed. This Exposure Control Plan includes: Exposure determination/characteristics of bloodborne pathogens Workplace precautions and procedures General program management responsibilities Post-exposure evaluation and record keeping Hepatitis B vaccination program Employee training program Please read this plan; it is for your safety. This Plan complies with Federal OSHA Law 29 CFR , and Cal-OSHA State Standard, Title 8, Chapter 4, Section City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 1

90 - SECTION 1 - BLOODBORNE PATHOGENS AND HOW THEY ARE TRANSMITTED A) BLOODBORNE DISEASES Bloodborne diseases are small micro-organisms that are present in human blood or bodily fluids. Substances that are potentially infectious include: - semen, vaginal secretions - all body fluids in situations where it is difficult or impossible to differentiate between fluids - fluid visibly contaminated with blood - any unfixed tissue or organ (other than intact skin) from human (living or dead) - An HIV-containing cell, tissue or organ cultures - An HIV or Hepatitis B Virus (HBV)-containing culture medium, blood, organs, tissues from experimental animals infected with HIV or HBV. - cerebrospinal, synovial fluid - pleural, pericardial, peritoneal fluid - amniotic fluid The two bloodborne diseases that pose the most significant occupational health threat are: Hepatitis B Virus (HBV) - Symptoms include those of the flu, fatigue, nausea, loss of appetite, stomach pain and, perhaps, yellow or sallow skin. Hepatitis starts as an inflammation of the liver and may result in liver damage. Human Immunodeficiency Virus (HIV) - May have no symptoms. HIV interferes with the body's ability to fight diseases. May lead to Acquired Immune Deficiency Syndrome (AIDS) months or years after the exposure. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 2

91 B) MODES OF TRANSMISSION Both HIV and HBV are transmitted when disease organisms enter the body through breaks in the skin or mucous membranes. HIV and HBV are most commonly transmitted through sexual contact, accidental needlesticks and intravenous drug use. Bloodborne pathogens may also enter your body and bring infection in a variety of other ways including: An accidental injury with a sharp object that is contaminated with infectious material - these may include needles, broken glass or anything that can puncture or cut your skin. Transmission through open cuts, nicks and skin abrasions (even dermatitis and acne), as well as the mucous membranes of the mouth, eyes or nose. Indirect transmission, such as touching a contaminated object or surface and transferring the infectious material to your mouth, eyes, nose or open skin. The Hepatitis B Virus can survive for more than 7 days in dried blood or on exposed surfaces. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 3

92 A) UNIVERSAL PRECAUTIONS - SECTION 2 - EXPOSURE CONTROL PLAN The City of Walnut Creek has established the following precautions for situations involving actual or suspected exposure to infectious disease. All City employees shall exercise their professional judgment and common sense when they believe there is a likelihood of contact with blood or body fluids and reasonable care should be exercised in those situations. As a general rule, avoid all unprotected contact with blood or body fluids. Universal Precautions - Universal Precautions are infection control techniques that are based on the concept that blood and certain body fluids are presumed to be infectious. These precautions shall be observed to prevent contact with blood and other bodily fluids. Universal Precautions are mandated and include, but are not limited to the following: Single use, disposable gloves shall be worn before a potential exposure takes place and shall be replaced as soon as practical if contaminated. (The proper use of this equipment is described on page 6.) Masks, eye protection and face shields are to be worn whenever the possibility of splashes or sprays exist. Gowns, aprons and other body clothing must be worn if there is a possibility of occupational exposure. Hands shall be washed as soon as possible after a suspected exposure situation. An antiseptic wipe shall be used if water is not available. It is important that Universal Precautions be observed. It is not always possible to tell if someone is infected with a bloodborne pathogen. Many people carry bloodborne infections without visible symptoms and many unknowingly carry bloodborne infections. Under circumstances in which it is difficult or impossible to differentiate between body fluid types, all body fluids are to be considered potentially infectious. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 4

93 B) OCCUPATIONAL EXPOSURE - PRECAUTIONS AND PROCEDURES Occupational Exposure - Defined as reasonably anticipated skin, eye, mucous membrane or other contact with blood (such as through needlesticks) or other potentially infectious materials that may result from the performance of an employee's duties. All City of Walnut Creek employees may potentially come in contact with bloodborne pathogens; however, certain Walnut Creek job classifications are at a higher risk of occupational exposure to bloodborne pathogens - these classes are: * All sworn Police Officers (except Chief of Police) and Police Reserves * Police Dispatchers/Assistants * Police Records Technicians * Lead Police Services Officers and Police Services Officers * Custodians and Building Trades Workers subject to assignment to clean Police Department holding cell facilities * Program Coordinators and temporary employees in other classes that are assigned to the Aquatics and Social Services programs of the Recreation Division whose job requirements include performance of CPR or other daily activities which pose risk of exposure City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 5

94 C) PERSONAL PROTECTION EQUIPMENT The following personal protection equipment shall be used by employees who are at risk of occupational exposure to bloodborne pathogens. General work clothes (uniforms, pants, shirts, etc.) not intended to function as protection against a hazard are not considered to be personal protective equipment. The following equipment will be provided by the City at no cost to the employee. It is each employee's responsibility to equip themselves and/or their work vehicle with personal protective equipment appropriate to potential job hazards. 1. Gloves Disposable (single use) such as surgical or examination gloves or utility gloves shall be routinely worn at every medical emergency and when contact with other potentially infectious materials is a possibility. As emphasized in this Exposure Control Plan, intact skin is the first line of defense against disease, virus and bacteria from the outside. Gloves are of particular importance when an employee has a problem such as a cut or chapped hands. The integrity of gloves must be checked before making contact with potentially infectious materials and checked again if employees are involved in an extended and/or physically demanding incident. Gloves shall be replaced when leaving one individual to provide care to other victims (particularly in trauma cases). Extra gloves shall be stored in first aid kits. Officers in the Police Department shall have extra gloves with them at all times. Gloves will not protect hands from a "needle stick" or punctures from sharp objects. Use caution when working with (or around) sharp objects. Properly dispose of contaminated gloves in the designated container for washing, decontamination or disposal (as appropriate); if a designated biohazard-labeled sharps container is unavailable in an emergency, any hard-sided, washable or disposable covered container can be substituted. Utility gloves may be decontaminated and reused provided they are not cracked, peeling, torn, punctured or no longer protect the skin. Avoid touching any other objects with contaminated gloved hands. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 6

95 Personal Protection Equipment cont d 2. Molded Surgical Masks Masks shall be worn when personnel anticipate exposure to airborne blood or infectious fluid. Currently available particle masks do not provide sufficient protection from airborne particulate nor are they impervious to fluids. Do not rely solely upon them for protection from direct contact with blood and other infectious body fluids or airborne particulate. To ensure greater protection, employees shall use masks in combination with goggles or face shields whenever potentially infectious airborne materials are suspected. 3. Safety Glasses Safety Glasses shall be used when employees are providing emergency medical care and/or First Aid. The use of safety glasses is recommended in cases where the patient is suspected of having a disease transmittable by airborne droplets or in incidents where an extensive exposure to blood or other body fluids is anticipated. 4. Resuscitator Masks Resuscitator masks shall be used if CPR is necessary. This equipment will be available in the glove compartment of each police vehicle and available to Recreation Division personnel who are assigned emergency care duties. Used masks are to be flushed with water and placed in the appropriate container for decontamination. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 7

96 D) PROCEDURE IN CASES OF ACTUAL OR SUSPECTED EXPOSURE INCIDENT Exposure Incident - Defined as a specific eye, mouth, other mucous membrane, non-intact skin or other contact with blood or other potentially infectious materials that results from the performance of an employee's duties. An example would be a puncture from a contaminated needle. 1. Hands/Skin If hands are exposed to infectious material, the risk of infection decreases with the immediate washing of exposed hands. Before washing, avoid touching "uninvolved" objects such as the first aid kit, resuscitator, steering wheel, etc. When skin has been exposed to blood or other infectious body fluids, wash immediately with any means possible. Pre-moistened cleansing wipes will be available in all City first aid kits. This shall be followed with a 5 minute scrub with germicidal soap. Every time gloves are removed, employees must wash their hands with a non-abrasive soap and running water as soon as possible. A thorough washing with germicidal soap of a least 30 seconds in hot/warm water is recommended. When washing hands, create as much friction as possible for at least 30 seconds. The Centers for Disease Control (CDC) report that when friction is created, bacteria and other organisms are washed off the skin more rapidly. Good personal hygiene must be practiced at all times. When working with gloves, or in an area of exposure, avoid applying makeup, lip ointments or handling contact lenses. Do not eat, drink or smoke where you may be exposed to blood or other potentially infectious materials. 2. Clothing Contaminated clothing shall be dry cleaned as soon as possible. The dry cleaning solution will kill any infectious agent. Remove contaminated clothing using gloved hands. Place in a leak proof container (plastic bag) and dispose of gloves as infectious waste. Advise the dry cleaner not to handle the article of clothing (discard the plastic bag as infectious waste). City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 8

97 Procedure in Cases of Actual or Suspected Exposure cont d Machine washable clothing shall be handled and packaged as stated above. The articles shall be prewashed in a disinfectant solution, then machine washed. Standard detergent in a routine measurement is sufficient to kill virtually all infectious agents when used with hot water. Further decontamination will occur as the clothing is air or machine dried. Boots/shoes shall be scrubbed with soap and hot water to avoid contamination to other surfaces. 3. Equipment/Facilities Decontamination Contaminated equipment and working surfaces shall be cleaned and disinfected immediately or as soon as possible after contact with blood or other potentially infectious materials. Commercially available chemical germicides serve as an effective disinfectant. A hospital level disinfectant with an HIV-1 claim or a tuberculorical claim is an acceptable standard. In the absence of a commercial germicide, household bleach is a suitable substitute if prepared daily in a 1:10 solution (bleach to water). Place disposable items into the appropriate red "infectious waste" bags or containers, following the procedure described below in Section Procedure for Disposal of Potentially Infectious Waste Items If a potentially infectious item, such as a syringe or other sharp object, or an item soaked with blood, is found by a City employee in a public place within the City, the following steps should be taken for disposal of the item: 1. Collect and store the item in a biohazard-labeled sharps container or in an individual-sized syringe receptacle or into the appropriate red "infectious waste" bags or containers 2. Report the finding to the supervisor the same day 3. Contact the Property and Evidence representative in the Walnut Creek Police Department; arrangements will be made to dispose of the item as infectious waste through the Police Department's disposal service. 4. For found syringes/needles only: label the container with the date and location of the found item and the name and department of the employee who discovered the item City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 9

98 E) EXPOSURE INCIDENT REPORTING PROCEDURE 1. After taking the necessary precautions (washing hands, removing exposed articles of clothing), an employee will immediately report an exposure incident to his/her supervisor. An exposure incident is defined as a specific eye, mouth, other mucous membrane, non-intact skin or other contact with blood or other potentially infectious materials that results from the performance of an employee's duties. An example is a puncture from a contaminated needle. 2. At the time of exposure the employee will be directed to a health care professional. The City will provide the health care professional with a copy of the bloodborne pathogens standard, a description of the employee's job duties as they relate to the incident, a report of the specific exposure (accident report), including route of exposure and relevant employee medical records, including HBV vaccination status. 3. Department management will complete the following forms: a) Supervisor's Report of Accident. b) State of California, Employers' Report of Occupational Injury of Illness (Form 5020) This form to be completed if: (1) the injury results in lost time beyond the day of injury or, (2) the injury requires medical treatment other than first aid. This report shall be submitted within 24 hours of first knowledge of injury. 4. Employee's Claim for Worker's Compensation Benefits (DWC Form 1). This form will be given to the employee within 24 hours, and then is to be returned to the supervisor. 5. The exposure incident will also be recorded by Human Resources staff on the OSHA 200 log if: a) It is a work related injury that involves loss of consciousness, transfer to another job or restriction of work or motion, b) There is a recommendation of medical treatment beyond first aid, and c) The incident results in a diagnosis of seroconversion. Employee's serological status shall not be recorded on OSHA 200 log. 6. The City's workers' compensation claims administrator shall retain a record of the exposure incident to include: a) Copy of all results of examinations, medical testing and follow-up. b) Copy of health care professional's written opinion. c) Copy of information provided to healthcare professional. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 10

99 Employee medical records are to be maintained in the strictest confidence. Medical records can be obtained only by the employee or by the employee's written consent. F) POST-EXPOSURE FOLLOW UP Following a report of an exposure incident, the City will arrange for a confidential medical evaluation and follow-up to include: 1. Documentation of the route and circumstances of exposure. 2. Source HBV and HIV testing as soon as possible. 3. Collection and testing of blood for HBV and HIV serological status. 4. Post exposure preventative treatment when medically indicated. 5. Counseling and evaluation of reported illnesses. The source individual's blood will be tested as soon as it is feasible. If consent is not granted, the City shall establish that legally required consent cannot be obtained. The City will document, in writing, the identity of the source individual. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 11

100 - SECTION 3 - GENERAL PROGRAM MANAGEMENT A) The responsibility for implementing this Plan rests with the following groups within the City of Walnut Creek: 1. Assistant Director of Administrative Services The Assistant Director of Administrative Services, through the Human Resources Division, is responsible for the general management and support of the Exposure Control Plan for Bloodborne Pathogens. Responsibilities include: a. Implementing and communicating the Exposure Control Plan b. Serving as a reference for departments and individual employees at the time of hire (including referral to Hepatitis B vaccination provider) and assisting in the training function c. Maintaining records on exposures, vaccinations and training d. Revising and updating the Plan as needed 2. Department Directors and Supervisors The Chief of Police, Arts, Recreation, and Community Services Director, Public Services Director, and each supervisor with employees that are potentially at risk of exposure to bloodborne pathogens are responsible for providing direct exposure control in their individual area. Responsibilities include: a. Providing ongoing training to all employees at risk of exposure to bloodborne pathogens, including training for newly hired employees b. Ensuring that employees have followed through on vaccination process c. Reporting exposure incidents as described in Section 2, E of this plan d. Providing personal protection equipment for employees and training in its use, as required City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 12

101 Program Management Responsibilities cont d 3. Individual Employees Employees whose jobs may place them at risk of exposure to bloodborne pathogens ultimately play the most critical role in preventing the spread of bloodborne diseases. Specific responsibilities include: a. Knowing the job-related tasks that can lead to occupational exposure b. Conducting all job functions in accordance with the Plan's work practice controls, including maintaining an adequate supply of appropriate personal protective equipment for one's own use and using such equipment correctly and appropriately c. Reporting exposure incidents to department management promptly d. Attending mandatory bloodborne pathogens training sessions e. Being aware of potential risks and reporting safety hazards to department management f. Maintaining good personal hygiene habits City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 13

102 - SECTION 4 - WORK PRACTICE CONTROLS A) The following controls are in place to reduce the exposure of Bloodborne Pathogens to City employees. 1. The work site shall be maintained in a clean and sanitary condition. A written schedule for cleaning and a method of decontamination will be maintained. 2. Eating, drinking, smoking, applying cosmetics and handling contact lenses are prohibited in work areas of occupational exposure. 3. Food and drink shall not be kept in refrigerators, freezers, shelving or cabinets where infectious materials are kept. 4. Splashing, spraying, splattering and generating droplets of potentially infectious materials shall be avoided at all times. 5. Handling, storage and transportation of specimens are to be in containers that prevent leakage. The container shall be labeled or color-coded. If contamination occurs, the container is to be placed in a second container. 6. Contaminated equipment is to be decontaminated prior to servicing or shipping, unless not feasible. If not feasible, prior to handling, a label is to be placed on the equipment to identify what portion of the equipment remains contaminated. 7. Contaminated City vehicles will be decontaminated prior to being returned to service. If this is not feasible the vehicle is to be tagged and put out of service until it can be cleaned and decontaminated. 8. All work surfaces shall be cleaned and decontaminated after contact with infectious materials. 9. Broken glassware, sharps, knives, etc., which may be contaminated shall not be picked up directly with the hands. Use tongs, a dust pan, brush, etc. Hands shall be gloved when appropriate. 10. The Exposure Control Plan will be communicated to all employees in a regular and visible manner. 11. The Exposure Control Plan will be updated as needed to reflect changes in the relevant regulations or in medical technology, such as new vaccinations. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 14

103 B) SIGNS AND WARNING LABELS Warning Labels are to be affixed to containers of regulated wastes, refrigerators, freezers and other containers used to store and transport blood or other potentially infectious materials. Labels required include universal biohazard legend or in the case of regulated waste the legend "BIOHAZARDOUS WASTE". Biohazard labels shall be orange or orange-red with lettering or symbols in a contrasting color. Red bags or red containers may be substituted for labels. The universal biohazard symbol is: C) HEPATITIS B VACCINATION All employees with risk of occupational exposure will be offered the Hepatitis B vaccine at no cost to City employees. Please Note: First Aid providers who are at risk of occupational exposure are not required to be offered Hepatitis B vaccination if their primary job assignment does not include rendering First Aid. The vaccine will be offered to promoted employees and new-hires within 10 working days after they have been assigned duties that place them at risk. The vaccination will be provided at no cost to the employee and consists of a series of three (3) inoculations given over a 6-month period of time and is effective for a period of seven to nine years. If at some point the federal Occupational Safety and Health Administration (OSHA) recommends that people who have had the vaccination series receive routine booster shots, they shall be made available to all such employees at no cost. Employees hired into covered positions will be offered the vaccine to be paid for by the City of Walnut Creek. A local health care provider will be designated by the Human Resources Division to provide the vaccines on an on-going basis. An employee may decline vaccination. If an employee declines the vaccination, he/she must sign a declination form. A copy of the declination form is included at Exhibit 1. If the employee decides at a later date to become vaccinated, the City will provide the vaccine at no cost to the employee. The employee vaccination history record will include the following information and be retained for the duration of an employee's tenure plus an additional 30 years. Name and social security number. Copy of employee's Hepatitis B Vaccination status. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 15

104 D) EMPLOYEE TRAINING The City of Walnut Creek will provide training to all employees who are identified as being at risk to bloodborne pathogens. Training shall be provided as follows: 1. On-the-job, supervisory training within 10 days of initial assignment to tasks where occupational exposure may take place; 2. Periodic classroom training will be offered to all affected individual job classifications. Training records will include the day, date, time, location of training, the employee's name and job title, the name and qualifications of the training instructor and the contents of the training session. Training will include the following information: 1. Copy of the appropriate OSHA Standard. 2. Symptoms of Bloodborne Diseases. 3. Modes of Transmission. 4. The Exposure Control Plan. 5. Occupational tasks that may involve exposure. 6. Use and limitations of preventative methods for reducing exposure. 7. Types, proper use, location and removal of personal protective equipment. 8. Hepatitis B Vaccine information. 9. Appropriate actions to take in an emergency. 10. Post-exposure incident procedures. 11. Information on the post-exposure evaluation and follow-up. 12. Signs and labels and/or color-coding. 13. A question and answer session. Training records will be maintained for kept for 3 years subsequent to the training. City of Walnut Creek Exposure Control Plan for Bloodborne Pathogens - Page 16

105 HEPATITIS B VACCINE DECLINATION The following statement of declination of hepatitis B vaccination must be signed by every employee who is at risk of occupational exposure but who chooses not to accept the vaccine. The statement can only be signed by the employee following appropriate training regarding hepatitis B, hepatitis B vaccination, the efficacy, safety, method of administration, and benefits of vaccination, and the availability of the vaccine and vaccination free of charge to the employee. The statement is not a waiver; employees can request and receive the hepatitis B vaccination at a later date if they remain occupationally at risk for hepatitis B. DECLINATION STATEMENT I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to me. However, I decline hepatitis B vaccination at this time. I understand that by declining the vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future, I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me. Employee Signature Date Print Name Parent/Guardian Signature (required if under age 18) Distribution: Original to Human Resources, Copy to Employee Revised HR 2/01

106

107

108

109

110

111

112

113

114

115

116

117