Title
An Ordinance Amending Ordinance G-7241 to include Proposed Revisions to Phoenix City Code Chapter 18, Article XI, Section 18-413(A) Related to the Requirement to Post Heat Safety Plans (Ordinance G-7402) - Citywide
Description
This item requests an amendment to Ordinance G-7241 to include proposed revisions to Phoenix City Code (PCC) Chapter 18, Article XI, Section 18-413(A) to clarify language for contractor requirements related to the posting of heat safety plans.
Report
Summary
On March 26, 2024, the City Council adopted Ordinance G-7241, which added language to PCC Chapter 18, Article XI requiring City contractors whose employees and contract workers perform work in an outdoor environment to develop and comply with heat safety plans as outlined in the ordinance to mitigate and prevent heat-related illnesses and injuries in the workplace. The ordinance requires any entity that is party to a City contract, City lease, or City license to develop and keep on file a compliant written heat safety plan. Contractors are also required to post their written heat safety plan “where it is accessible to employees.”
Recent visits by City officials to work sites revealed that although several City contractors whose employees and contract workers perform work in an outdoor environment do have written heat safety plans, the plans are not typically posted in areas where employees can quickly identify and have access to them, such as on bulletin boards in employee break rooms. This proposed amendment to PCC Section 18-413(A) would require an applicable contractor's heat safety plan to be posted in English and Spanish on a bulletin board in the break room accessible to employees, similar to federally required employment law notifications. If a contractor does not have a break room, the heat safety plans must be physically placed in a conspicuous location in the workplace where notices to employees are customarily posted. All heat safety plans must also include a contact number of the contractor that all employees and contract workers can call if they need to inquire or report on any heat safety issues.
This change was discussed by the Contract Workers Heat Safety Ordinance Advisory Committee, which unanimously recommended approval of the change. The Committee includes the following members and staff:
- Chad Arruda (representing contractors)
- Sydney Hawkins (representing contractors)
- Cecilia Ortiz, Worker (representing workers)
- Sergio Rodriguez Lopez (representing community at-large)
- Dr. Siyuan Song (representing community at-large)
- Maxwell Ulin, Unite Here (representing workers)
Staff:
- Mario Paniagua, Deputy City Manager
- David Matthews, Deputy City Manager
- Deryck R. Lavelle, Chief Assistant City Attorney
- David Hondula, Director of the Heat Response and Mitigation Office
- Adriana Phillips, Assistant Finance Director
- Ashley Lee, Deputy Human Resources Director
Phoenix contractors have been notified of the proposed change to the ordinance, which if adopted by Council will be effective 30 days from approval. A draft of the proposed amended Ordinance is attached as Attachment A.
Concurrence/Previous Council Action
The Contract Workers Heat Safety Ordinance Advisory Committee unanimously recommends approval of this item.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the City Manager's Office.