[Ord. No. 1155-14-01 §1, 1-9-2014]
The purpose of Chapter 275 is to require a safety program for on-site employees in the construction of public works as required by Section 292.675, RSMo.
[Ord. No. 1155-14-01 §1, 1-9-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
Construction, reconstruction, demolition, painting and decorating,
or major repair.
Any person entering into a contract with the City for construction
of public works which employs on-site employees for purposes of completion
of the contract.
The Department of Labor and Industrial Relations of the State
of Missouri.
Laborers, workmen, drivers, equipment operators, and craftsmen
employed by contractors and subcontractors to be directly engaged
in construction at the site of the public works. "Directly engaged
in construction" shall mean work performed in the actual erection
of the structure or completion of the improvement constituting the
public works. In addition, employees working at a nearby or adjacent
facility used by the contractor or subcontractor for construction
of the public works shall be deemed on-site employees. Persons engaged
solely in the transportation of materials, fuel or equipment to the
site of the public works shall not be deemed to be directly engaged
in construction.
Any natural person, joint venture, partnership, corporation,
or other business or legal entity.
All fixed works constructed for public use or benefit or
paid for wholly or in part out of public funds.
Any person entering into a subcontract with a contractor
for construction of public works which employs on-site employees for
purposes of completion of the contract.
[Ord. No. 1155-14-01 §1, 1-9-2014]
A.
Any contractor for the City for purposes of construction of public
works and any subcontractor to such contractor shall provide a ten-hour
Occupational Safety and Health Administration (OSHA) construction
safety program for their on-site employees which includes a course
in construction safety and health approved by OSHA or a similar program
approved by the Department which is at least as stringent as an approved
OSHA program, unless such employees have previously completed the
required program. All employees who have not previously completed
the program are required to complete the program within sixty (60)
days of beginning work on such construction project.
B.
The City shall specify the requirements of this Section in the resolution
or ordinance approving a public works project and in the call for
bids for the contract for such project. The contractor to whom the
contract is awarded and any subcontractor under such contractor shall
require all on-site employees to complete a ten-hour training program
required under this Section, or such employees must hold documentation
of prior completion of the program. This requirement shall be included
in the contract for such project.
C.
Any employee found on a work site subject to this Section without
documentation of the successful completion of the program required
under this Section shall be afforded twenty (20) days to produce such
documentation before being subject to removal from the project.
D.
The contractor shall forfeit as a penalty to the City the sum of two thousand five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time periods in Subsections (A) and (C) of this Section have elapsed. Notice of these penalties shall be included in the contract for such project. The City shall withhold and retain therefrom all sums and amounts due and owing as a result of any violation of this Section when making payments to the contractor under the contract. The contractor may withhold from a subcontractor sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this Section.
E.
If the contractor or subcontractor fails to pay the penalty provided
herein within forty-five (45) days following notification of violation
of this Section, the City may pursue an action to enforce the monetary
penalty provisions of this Section against the contractor or subcontractor
found to be in violation of this Section. The City shall be entitled
to recover its cost of enforcement, including reasonable attorney
fees.
F.
This Section shall not apply to work performed by public utilities
which are under the jurisdiction of the Public Service Commission,
or their contractors, or work performed at or on facilities owned
or operated by said public utilities.
G.
The provisions of this Section shall not apply to rail grade crossing
improvement projects where there exists a signed agreement between
the railroad and the Missouri Department of Transportation or an order
issued by the Department of Transportation ordering such construction.
