§ 275.030. Safety Program Required.

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.

Ord. No. 1155-14-01 §1, 1-9-2014