Sec. 15-62. - Safety and health regulations adopted.
Sec. 15-64. - Safety measures required of employers.
Sec. 15-66. - Construction advisory board.
Sec. 15-67. - Penalty for violation of chapter and safety regulations.
Secs. 15-68—15-80. - Reserved.
It is hereby declared to be the policy of the city to protect the health and welfare of its citizens by the implementation and adoption of safety measures in industry and enterprise by protecting working men and women against unsafe and hazardous working conditions.
(Code 1959, § 10C-1; Ord. No. 39875, § 1, 8-26-71)
Sec. 15-62. - Safety and health regulations adopted.
The rules and safety standards prescribed by the United States Department of Labor as adopted for application throughout the state by the Texas Occupational Safety Board, such rules and safety standards published in the Federal Register in Volume 36, Number 75, Part II and entitled, "Safety and Health Regulations for Construction," be and the same are hereby adopted by the city for application throughout the corporate limits of the city. Three (3) copies of the Federal Register, Volume 36, Number 75, Part II, marked Exhibit "A," are incorporated by reference in this section and have been filed in the office of the city clerk pursuant to Section 17 of the city charter for permanent record and inspection.
(Code 1959, § 10C-2; Ord. No. 39875, § 2, 8-26-71)
For the purposes of this article, the following definitions are adopted.
Employee shall mean a person who works for an employer for wages, compensation, or other things of value, but shall not include any person employed in the domestic services of another in a private residence.
Employer includes every person, firm, corporation, partnership, stock association, agent, manager, representative or foreman or any other person having control or custody of any employment, place of employment, or any employee; except carriers regulated by the Interstate Commerce Commission.
Place of employment shall mean every place where, either temporarily or permanently, any trade, industry, or business is carried on, or where any person is directly or indirectly employed by another for direct or indirect gain or profit, but not including domestic service performed in a private residence.
Safe and safety as applied to employment or places of employment, mean such freedom to employees from occupational injury as the nature of the employment reasonably permits.
Safety device and safeguard shall be given a broad interpretation so as to include any practicable method of mitigating or preventing occupational injury.
(Code 1959, § 10C-3; Ord. No. 39875, § 3, 8-26-71)
Sec. 15-64. - Safety measures required of employers.
(a)
Every employer shall furnish and maintain employment and a place of employment which shall be reasonably safe and healthful for employees. Every employer shall install, maintain and use such methods, processes, devices and safeguards including methods of sanitation and hygiene as are reasonably necessary to protect the life, health and safety of such employees and shall do every other thing reasonably necessary to render safe such employment and place of employment.
(b)
Every employer shall comply with the rules and safety regulations prescribed in this article, provided any employer or group of employers in the same or similar industry, trade or business shall, if and when exempted by the Texas Occupational Safety Board from the application of state safety regulations, be exempted from the application of the safety regulations prescribed in this article.
(Code 1959, § 10C-4; Ord. No. 39875, § 4, 8-26-71)
The director of building inspections of the city shall have the power and duty to carry out the provisions of this chapter and the safety regulations prescribed in this article. He and his designated assistants are authorized to conduct site inspections to assure compliance with such safety regulations.
(Code 1959, § 10C-5; Ord. No. 39875, § 5, 8-26-71)
Sec. 15-66. - Construction advisory board.
(a)
To assist the director of building inspections in the enforcement of safety regulations, there is hereby created a construction advisory board consisting of five (5) members who shall be appointed by the city council. Such appointment shall be for a period of two (2) years. Board members shall serve without compensation. Board members shall be residents of the city and shall include:
(1)
One (1) member of Association of General Contractors.
(2)
One (1) representative of the building trades council.
(3)
One (1) council member.
(4)
One (1) layman.
(5)
One (1) licensed practicing physician.
(b)
The board members shall choose from among their number one member to act as chairman and one member to act as secretary. The board shall serve in an advisory capacity and shall make recommendations to and advise the director of housing and inspections in matters relating to compliance with and enforcement of the safety regulations.
(Code 1959, § 10C-6; Ord. No. 39875, § 6, 8-26-71)
Sec. 15-67. - Penalty for violation of chapter and safety regulations.
It shall be unlawful for any person to do or perform any act prohibited by this article, and it shall be unlawful for any person to fail to do or perform any act required by this article, and any person so violating the provisions of this article and the safety regulations prescribed shall be deemed guilty of a misdemeanor and shall upon conviction be punished as provided in section 1-5. Each and every day of continuance thereof shall constitute a distinct and separate offense.
(Code 1959, § 10C-7; Ord. No. 39875, § 7, 8-26-71)