A. Required contract language. The following clause is required to appear in all contracts between the City and the contractor and contracts between the contractor and its subcontractors, sublicensees and sublessees:

Any contractor whose employees and contract workers perform work in an outdoor environment under this contract must keep on file a written heat safety plan. The City may request a copy of this plan and documentation of all heat safety and mitigation efforts currently implemented to prevent heat-related illnesses and injuries in the workplace. The plan must also be posted where it is accessible to employees. At a minimum, the heat safety and mitigation plan and documentation required under this provision shall include each of the following as it relates to heat safety and mitigation:

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.

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 employees or contract workers newly assigned or reassigned to work in an outside environment.

6. Conduct training and make it available and understandable to all employees and contract workers on heat illness and injury that focuses on the environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures and how to report heat illness and injury to emergency medical personnel.

The contractor further agrees that this clause will be incorporated in all subcontracts with subcontractors, sublicensees or sublessees who may perform labor or services in connection with this 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.

B. Documentation. In addition to the documents required in subsection A of this section, upon request contractors shall 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 responsible for managing any contract covered by this article shall monitor compliance with the provisions of this article. (Ord. No. G-7241, § 2, 2024)