Attachment A - CIty of Phoenix Draft Heat Mitigation Ordinance 3.21.24.pdf

Attachment A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL
ADOPTED ORDINANCE

ORDINANCE G-XXXX

AN ORDINANCE AMENDING CHAPTER 18 OF THE
PHOENIX CITY CODE TO REVISE ARTICLE I, SECTION
18-2(A)(6) AND ADD ARTICLE XI TO ADDRESS
CONTRACTOR REQUIREMENTS FOR THE MITIGATION
OF HEAT-RELATED ILLNESSES AND INJURIES IN THE
WORKPLACE.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:

SECTION 1. That Chapter 18, Article I, Section 18-2(A)(6) is hereby
amended and revised to clarify the authority and responsibility for monitoring compliance
with the contractor requirements for the mitigation of heat-related illnesses and injuries
as set forth in Article XI as follows:

Article |.
In General

KKK

Sec. 18-2 Administrative provisions.

A. Powers and duties of Phoenix Commission on Human Relations and Equal
Opportunity Department.

ReREK

6. EXCEPT FOR ARTICLE XI, [t]he authority and responsibility for administering
this chapter rests with the Director of the Equal Opportunity Department.

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wR KK

SECTION 2. That Chapter 18 of the Phoenix City Code is amended to add
Article XI to address contractor requirements for the mitigation of heat-related illnesses
and injuries in the workplace as follows:
ARTICLE XI.
CONTRACTOR REQUIREMENTS FOR THE MITIG N OF HEAT-RELATED
ILLNESSES AND INJURIES IN THE.WORKPLACE.

SEC. 18-411. DECLARATION OF POLIC

TO ADDRESS HEAT INJURY AND ILLNESS

PREVENTION IN R AND INDOOR WORK SETTINGS. IT IS ALSO
ACKNOWLEDGED THAT NO STATE STANDARD OR REGULATION ADDRESSING
THE MITIGATION OF HEAT-RELATED ILLNESSES AND INJURIES IN THE
WORKPLACE IS CURRENTLY CODIFIED AND IN EFFECT WITHIN THE STATE OF
ARIZONA. IT IS FURTHER ACKNOWLEDGED THAT, IF OSHA ULTIMATELY ADOPTS

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ARULE OR THE ARIZONA LEGISLATURE ENACTS HEAT MITIGATION WORKPLACE
LEGISLATION, THEN ENFORCEMENT OF THIS ARTICLE MAY BE PREEMPTED BY
FEDERAL OR STATE LAW.

SEC. 18-412. DEFINITIONS.

IN ADDITION TO THE DEFINITIONS SET FORTH IN SECTION 18-3, IN THIS ARTICLE,
UNLESS THE CONTEXT OTHERWISE REQUIRES:

CITY MEANS THE CITY OF PHOENIX.
CONTRACTOR MEANS ANY PERSON TITY THAT IS A PARTY TO A CITY

CONTRACT, CITY LEASE OR CITY Lic

PROACTIVE MEASURES BY
RELIEF FROM HEAT |

ACTIVITIES ARE CO
BY DEVICES THAT REDUCE HEAT EXPOSURE AND AID IN COOLING, SUCH AS AIR
CONDITIONING SYSTEMS.

SUBCONTRACTORS MEANS A FIRM, PARTNERSHIP, CORPORATION OR
COMBINATION THEREOF HAVING A DIRECT CONTRACT WITH THE CONTRACTOR

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FOR ALL OR ANY PORTION OF THE WORK THAT IS THE SUBJECT OF THE CITY
CONTRACT. FOR PURPOSES OF THIS ARTICLE, SUBCONTRACTORS INCLUDE
SUBLESSEES AND SUBLICENSEES.
SEC. 18-413. REQUIREMENTS OF CONTRACTORS.
A. REQUIRED CONTRACT LANGUAGE.

THE FOLLOWING CLAUSE IS REQUIRED T EAR IN ALL CONTRACTS
BETWEEN THE CITY AND THE CONTRACTO CONTRACTS BETWEEN THE

AND MITIGATIO

a ,

1. AVAILABILITY OF SANITIZED COOL DRINKING WATER FREE OF CHARGE
AT LOCATIONS THAT ARE ACCESSIBLE TO ALL EMPLOYEES AND CONTRACT
WORKERS.

2. ABILITY TO TAKE REGULAR AND NECESSARY BREAKS AS NEEDED AND

ADDITIONAL BREAKS FOR HYDRATION.

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3. ACCESS TO SHADED AREAS AND/OR AIR CONDITIONING.

4. ACCESS TO AIR CONDITIONING IN VEHICLES WITH ENCLOSED CABS. ALL
SUCH VEHICLES MUST CONTAIN FUNCTIONING AIR CONDITIONING BY NO
LATER THAN MAY 1, 2025.

5. EFFECTIVE ACCLIMATIZATION PRACTICES. TO PROMOTE THE

PHYSIOLOGICAL ADAPTATIONS OF EMPLOYEE R CONTRACT WORKERS

NEWLY ASSIGNED OR REASSIGNED TO TSIDE ENVIRONMENT.

CONNECTION WITH ' CONTRACT. ADDITIONALLY, THE CONTRACTOR

AGREES TO REQUIRE ALL SUBCONTRACTORS, SUBLICENSEES OR
SUBLESSEES TO INCLUDE THIS CLAUSE IN ALL CONTRACTS WITH ANY THIRD
PARTY WHO IS CONTRACTED TO PERFORM LABOR OR SERVICES IN
CONNECTION WITH THIS CONTRACT. IT IS THE OBLIGATION OF THE

CONTRACTOR TO ENSURE COMPLIANCE BY ITS SUBCONTRACTORS.

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B. DOCUMENTATION.

IN ADDITION TO THE DOCUMENTS REQUIRED IN SUBSECTION A,
CONTRACTORS MAY BE REQUIRED TO PROVIDE ADDITIONAL DOCUMENTATION
VERIFYING THAT MITIGATION EFFORTS TO PROTECT AGAINST HEAT RELATED
ILLNESS OR INJURY IN THE WORKPLACE ARE BEING UTILIZED.

C. MONITORING.

THE DEPARTMENT PRIMARILY
CONTRACT COVERED BY THIS ARTI
THE PROVISIONS OF THIS ARTICLE.

CITY DEPARTMENT: INCLUDE THE REQUIREMENTS OF THIS ARTICLE AS
EXPRESSED IN SECTION 18-413 IN ALL BIDS, PROPOSALS, WRITTEN QUOTES,
CONTRACTUAL AGREEMENTS, LEASES, LICENSES OR REQUESTS FOR
QUALIFICATIONS.

SEC. 18-416. EXCLUSIONS.

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THIS ARTICLE DOES NOT APPLY TO ANY CITY CONTRACT, CITY LEASE OR CITY
LICENSE WITH ANY OTHER GOVERNMENTAL AGENCY.

PASSED by the City Council of the City of Phoenix this 267 day of March,
2024.

ATTEST:

Denise Archibald, City Clerk

APPROVED AS TO.
Julie M. Kri i

By:

REVIEWED BY:

Jeffrey Barton, City Manager

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