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HomeMy WebLinkAbout03-063 ~t fD: rtf'l ,1 I~ft) V1f1, M RESOLUTION NO. 03 -63 A RESOLUTION AMENDING RESOLUTION NO. 86-172 BY AMENDING THE LOSS PREVENTION AND SAFETY MANUAL OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. By Resolution No. 86-172, adopted September 2, 1986, the Board of County Commissioners adopted the Loss Prevention and Safety Manual. 2. In order to provide and maintain safe and healthful working conditions for all County employees and to follow operating practices that will safeguard employees and citizens and result in safe working conditions and efficient operations, it is essential that a plan be adopted which will establish safety requirements throughout St. Lucie County. 3. Adoption of the Loss Prevention and Safety Manual provided the minimum safety requirements and functional responsibilities necessary to meet desired safety standards requirements outlined in federal, state and local safety regulations, and was in the best interest of the health, safety and welfare of St. Lucie County employees and the public. 4. It is necessary to amend Resolution No. 86-172 to amend the Loss and Prevention Safety Manual to reorganize the Safety Committee and provide for an Accident Review Committee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution No. 86-172, is hereby amended to incorporate the amendment to the Loss Prevention and Safety Manual, entitled "St. Lucie County Safety Committee" and to create the St. Lucie County Accident Review Committee. 2. The Human Resources Director is hereby directed to send copies of the attached amendment to the Loss and Prevention and Safety Manual to each County Department Head for distribution to each employee, and to the business representative for Teamsters Local Union No. 769. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice-Chairman Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE Commissioner John D. Bruhn AYE PASSED AND DULY ADOPTED this 26th day of August, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA , ~~:~: BY: l:,,'~:',: "."..(,~;.., [".. '~r>. 1" ' .. ., ..- r. : ti'~. .,~'. ~ ~' .) -.\L:.l ~.: ,.r ~-"- ",," ~I?.. '-f~. .J',/' ...~.~OC' N{.~~""~' '<t\: 'I,~ ........ .-( .',' , ~..,'" 'e en,'" ,.,:;, ".~~tl~hflo'',;''';.f'' . . ----.... ~ / , .f/ / CHAl'RM'AN/ // G:\ATlY\RESOL TN\2003\03-63,wpd ST. LUCIE COUNTY ACCIDENT REVIEW COMMITTEE Ob jective To develop procedures and guidelines for determining the nature and cause of accidents, property damage, and employee injuries: and also to propose recommendations for improving the overall Safety and Accident Prevention program. Policy The St. Lucie Board of County Commissioners in its effort to ensure safe and healthful working conditions, has authorized the County Administrator to establish an Accident Review committee to evaluate unsafe acts and unsafe conditions. Purpose The primary purpose of the Accident Review Committee will be to review and evaluate matters relating to County employees who have been involved in motor vehicle accidents, personal injury incidents, and damage to public or private property. The Committee will attempt to determine the cause of accidents, injuries and damages, and formulate suggestions to avoid such incidents. They will also review the Committee's suggestions and problems which are related to the accident, such as those received from reports of unsafe acts and unsafe conditions. These problems, whenever possible, will be cleared up at department level. When this is not possible, the problem should be brought to the attention of the Committee. It must be understood that the Committee will discuss only those items relating to the accident. Committee Membership The Accident Review Committee will consist of eight (8) members appointed by the County Administrator. The Committee will have representation as follows: 1) A Chairman (department manager or supervisor) with voting privileges appointed by the County Administrator. 2) The Safety Officer, a non-voting member, responsible for taking minutes of the proceedings. 3) Six (6) additional voting members appointed by the County Administrator. Three (3) shall be from the bargaining unit. The Union shall furnish the County Administrator the names of the three (3) employees chosen by the Page 1 of 4 bargaining unit. The County Administrator shall appoint these three bargaining unit employees to the Accident Review Committee, except he may reject an appointment for cause. 4) The Safety Officer and Chairman will serve as permanent members until relieved by the County Administrator. The remaining six (6) members will serve on the committee for a twelve (12) month period. Responsibilities The Accident Review Committee will: 1) Review and evaluate the facts in all matters involving on duty employees in motor vehicle accidents, injuries, and property damages; 2) Determine the cause of any damage, accident or personal injury to an on duty employee while making recommendations for further action and preventive measures; 3) Convene each month at a time and location designated by the County Administrator. The Committee may convene any other time the County Administrator so directs; 4) Review accident suggestions and problems such as those received from unsafe acts and unsafe condition reports which cannot be resolved at department level. The Safety Officer will: 1) Act as the official recorder for the Accident Review Committee. A copy of the proceedings will be sent to the County Administrator; 2) Announce the date(s) for official committee meetings; 3) Notify all employees whose accidents are coming before the council of dates of meetings, and their opportunity to be present at such meetings to air their side of the accident or incident; 4) Advise the membership of the date, time and location of all hearings. NOTE: In all cases, the employee whose case is being heard will have the opportunity to be present and speak and shall be advised in writing of such opportunity and notified of the time, date, and place of the hearing. CRITERIA FOR CONVENING THE ACCIDENT REVIEW COMMITTEE: The Accident Review Committee will be convened by the Chairman for: 1) Auto liability claims; Page 2 of 4 2) Public liability claims; 3) Property damage claims; 4) Worker's compensation claims which result in large indemnity and/or large medical payments; 5) Unsafe or hazardous conditions occurring in St. Lucie County operations. COMMITTEE DEUBERATIONS The Committee in its deliberations, will be guided by the principle that damage or injury is chargeable if the opportunity existed for alternate action which could have been reasonably taken in an effort to prevent the injury or damage. In addition, the Committee will also give full consideration to the occupational hazards inherent in the, or nature of, the work performed by the employee. The Committee, after carefully reviewing and evaluating the facts present and listening to the employee's evaluation of the accident, will determine whether or not the accident, injury, or damage is chargeable or non-chargeable. Recommendations of the Committee will be sent to the County Administrator. If an accident, injury, or damage to property is determined to be chargeable to the employee, one of the following recommendations, along with facts supporting such recommendation, may be sent to the County Administrator: 1) That the employee be retrained, counseled, or admonished verbally or in writing, receive a written reprimand, or be reassigned; 2) That the employee be suspended without pay for a designated period of time, not to exceed ten (10) working days, or eighty (80) working hours; 3) That the employee be demoted, provided a vacancy exists; 4) That the employee be demoted and suspended for a period of time not to exceed ten (10) working days, or eighty (80) working hours; 5) That the employee be terminated. Notification of Committee Findings If an accident, injury, or damage to County property is determined to be non-chargeable to the employee, the employee will be advised of this in writing. The Human Resources department will send a memo to the employee, with a copy to the employee's department manager. No record of this finding will be placed in the employee's personnel file. Page 3 of 4 If an accident, physical injury, or action involving damage to property is determined to be chargeable to the employee and disciplinary measures are involved, the Safety/Risk Management office will notify the employee in writing within seven (7) calendar days of the results. The original will be sent to the designated employee with one (1) copy to the employee's department manager and one (1) copy to the personnel department for inclusion in the employee 's personnel file. Right of Employee to Appeal Findings An employee may petition the County Administrator to review the decision of the Accident Review Committee by filing a written request with the County Administrator within ten (10) days of the date of the decision of the Committee. In such instances, the County Administrator may order the Accident Review Committee to reconvene for further deliberation on the case, or he/she may evaluate the facts and render a decision. Such decision of the Committee or County Administrator will be forwarded to the employee within seven (7) calendar days following receipt of the petition. An employee may appeal the decision of the County Administrator to the Board of County Commissioners by filing a written request with the County Administrator within ten (10) days of the date of the decision of the County Administrator. G:\ATTY\Accident Committee,wpd Page 4 of 4