Fresno County Municipal Code Ch. 2.40 Safety Commission

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State Law reference— For statutory provisions authorizing counties to establish safety programs, see Gov. Code 25843.

There shall be a safety commission for the county which consists of nine members; five of whom shall be appointed by the board of supervisors, one each from the following classes of county departments: law enforcement, administrative offices, health and welfare, pubic works and at large. The county counsel or an assistant or deputy county counsel to be designated by him shall be an ex-officio member of said commission. There shall be one member each representing the Fresno County employees' association, Fresno County Public Employees, Local 458, AFSCME, AFL-CIO, and the Operating Engineers, Local Union No. 3, such members to be designated by the organization which they represent. Of the members appointed by the board of supervisors, three shall initially be appointed to serve for a period of two years and two shall initially be appointed for a period of one year. All subsequent appointments of such members shall be for a term of two years. If any vacancy occurs in the positions held by appointees of the board of supervisors other than by expiration of a term, such vacancy shall be filled by appointment by the board of supervisors for the unexpired portion of that term. The term of the ex-officio member shall correspond to his official tenure and the terms of the members representing employee organizations shall be at the will of the organization making the appointment.

(Prior code, § 140)

It shall be the duty of the safety commission:

A. To develop a program designed to promote safety and prevent accidents within the offices, institutions and departments of the county and to establish rules for the use and conservation of county equipment. Before any such rules or regulations become effective, they shall be submitted to the board of supervisors for approval;

B. Develop a system of demerits to be applied to all county personnel involved in accidents and to prescribe a system of penalties based upon such demerits, such penalties to include reflection in the employee's departmental performance rating, reprimand, temporary suspension without pay, restricted use of county equipment, payment for damage of county equipment, dismissal from county employment or any combination of such penalties. Before any such system of demerits and penalties becomes effective, it shall be submitted to the board of supervisors for approval;

C. To at least once each month hold hearings on all accidents involving county personnel or equipment, including equipment operated by county personnel under contract or operated in the course of county employment, which may have been reported to the commission and to investigate the cause thereof. Said commission shall have the right to subpoena witnesses for such hearing, and the employee involved in any accident shall have the right to appear and have witnesses subpoenaed in his behalf. Said commission shall make its findings and conclusions as to each accident and file a written report thereon with the head of the institution, department or other appointing authority involved and where appropriate, the commission shall assign demerits according to the system adopted and shall preserve a record thereof;

D. When the assigning of any demerit or demerits results in the invocation of any penalty under the system of penalties adopted, the commission shall forthwith transmit notice thereof to the head of the department, institution or other appointing authority of the employee involved.

(Prior code, § 141)

The safety commission may:

A. Join such organizations as the National Safety Council, obtain posters, circulars, and other matters pertaining to safety and accident prevention, and cause the same to be distributed to the institutions and departments of the county;

B. Arrange for safety inspections periodically by a competent safety inspector;

C. Issue a bulletin from time to time summarizing in detail all accidents and the causes thereof in the institutions or departments of the county in which they have occurred. Provide safety codes for any department which before becoming effective shall have the approval of the board of supervisors.

(Prior code, § 141.1)

The county safety and training officer shall serve as secretary of the safety commission.

(Prior code, § 141.2)

It shall be the duty of all county officers and employees involved in any accident incurred in the course of his employment, and whether involving county equipment or not, to report the same and all the details thereof forthwith to the head of his department on forms to be provided by the safety commission.

(Prior code, § 142)

It shall be the duty of the head of each department, institution or other appointing authority upon receiving an accident report of any employee under his jurisdiction to immediately make a thorough investigation thereof and to forthwith forward one copy of the accident report containing his comments thereon to the safety commission. Such head of department, institution or other appointing authority shall at all times fully cooperate with the safety commission in conducting its investigation and hearing upon any accident. Such head of department, institution or other appointing authority upon receipt from the safety commission of any notice invoking a penalty against any employee under his jurisdiction shall immediately in writing notify the employee of such penalty, and upon the expiration of five days after the giving of notice the penalty shall be invoked. Provided, however, that any employee, head of department, institution or other appointing authority dissatisfied with the justness of the penalty invoked may within five days after the receipt of notice thereof request in writing a hearing thereon before the board of supervisors. Upon the making of such request for a hearing, the invocation of a penalty shall be stayed pending the final determination by the board of supervisors. The findings of the board shall be final.

(Prior code, § 142.1)

The provisions of this chapter or any application thereof in conflict with Chapters 2.60 and 3.08 or any salary ordinance of the county shall to that extent prevail.

(Prior code, § 143)

Any employee, head of department, or institution or other appointing authority who wilfully violates any of the provisions of this chapter or wilfully fails to comply with any provisions hereof is guilty of malfeasance and appropriate proceedings shall be taken against such person as provided by law.

(Prior code, § 144)