Oakland Municipal Code Ch. 9.06 Safe Work Zone Ordinance

The purpose of this Chapter is to promote the health, safety, and general welfare of City employees and other essential infrastructure workers while executing their duties in public spaces such as City owned or operated properties and public rights-of-way. This Chapter shall be known as the Safe Work Zone Ordinance.

(Ord. No. 13772, § 2, 12-19-2023)

Protected workers (as defined herein) may designate "safe work zones" on public property within the City of Oakland, including the public right-of-way, for the purpose of providing a safe area for such protected workers to carry out their duties, as directed. Such safe work zones must be established in the manner described in this Chapter and authorized by the protected workers' employers.

(Ord. No. 13772, § 2, 12-19-2023)

"Essential Infrastructure" means streets, sidewalks, parks, public buildings, utility lines and poles, street lights, traffic signals, sewers and storm drains, natural gas lines, water mains, telecommunications and cable equipment, and related equipment and locations that are designed to deliver essential utilities to the public.

"Peace Officer" has the same meaning as in California Penal Code [Section] 830.1.

"Protected Worker" means City employees, City contractors, and employees of public utility companies and other public agencies performing work on essential infrastructure on public property within the City of Oakland.

"Public Property" means all real property owned, leased, possessed, maintained, or controlled by the City of Oakland or any other government agency or special district, including the Port of Oakland, Caltrans, BART, or Federal government, and including public rights-of-way, streets and sidewalks, but only to the extent that the City of Oakland Police Department has jurisdictional authority over such public property.

"Safe Work Zone" means an area demarcated by a protected worker with physical boundaries or clear signage as described in Section 9.06.040 A. and specifically intended to identify an area off-limits to members of the public to allow protected workers to safely carry out their duties, as directed. Safe work zones may also include the interior of a protected worker's vehicle as well as the area immediately around the exterior of those vehicles when protected workers are accessing equipment and tools. A safe work zone must be for the purpose of protecting the workers and/or members of the public from injury or harassment and not for the purpose of limiting observation of activities.

(Ord. No. 13772, § 2, 12-19-2023)

A. Demarcation. Safe work zones may be designated by any form of demarcation or signage including, but not limited to, caution tape, other colored tape, chalk marks, spray painted perimeters, orange plastic fencing, other types of fencing, temporary or permanent posted signage, traffic cones, physical barriers specifically erected by protected workers conducting duties in the safe work zone, or by clear verbal instructions identifying the boundaries of a safe work zone. Designated safe work zones shall be no larger than is reasonably necessary for protected workers to safely carry out their duties without risk of injury to persons or property and shall not impede reasonable observation by members of the public.

B. Findings. When designating a safe work zone, or, prior to enforcement of violations of this Chapter, the protected worker shall make or confirm the following findings:

1. The safe work zone is necessary to protect the safety of the workers involved based on the circumstances reasonably anticipated or witnessed during similar operations; and

2. The size of the safe work zone is no larger than is reasonably necessary for protected workers to carry out their duties based on the size and type of equipment and the scope of the work; and

3. The safe work zone is not expected to impede reasonable observation by members of the public and an area outside of the safe work zone has been identified for members of the press and public to observe the operations; and

4. Members of the public have been or will be notified of the safe work zone as required by Subsection A.

In the case of a safe work zone designated by a protected worker that is not a City of Oakland employee, when requesting assistance from a peace officer under this Chapter the protected worker must confirm (a) that the criteria above are met and (b) that the protected worker is duly authorized to establish the safe work zone.

(Ord. No. 13772, § 2, 12-19-2023)

Any person who willfully fails or refuses for any reason, after verbal or written request by a peace officer, to immediately leave an area designated by protected workers as a safe work zone, shall be guilty of a misdemeanor. If the findings set forth in Subsection 9.06.040 B. have been made prior to designating the safe work zone, no further findings shall be required to enforce this Chapter. Nothing in this Chapter shall prevent a peace officer from responding to emergency situations and enforcing other laws as appropriate, and nothing in this Chapter shall require a peace officer to respond to a request for assistance.

(Ord. No. 13772, § 2, 12-19-2023)

Nothing in this Chapter shall be construed to prohibit any expressive conduct, freedom of the press, or to impair the right of persons, individually or in concert, to peacefully protest or assemble near or adjacent to a safe work zone insofar as the same is not prohibited by law.

(Ord. No. 13772, § 2, 12-19-2023)

The City Administrator is authorized to require reimbursement of City staff costs and expenses required to implement the provisions of this Chapter.

Protected workers (other than City employees) and their employers shall release, defend, indemnify and hold harmless the City of Oakland, its officers, and employees, from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) which arise out of or are related to the authority granted by or the enforcement or non-enforcement of this Chapter.

(Ord. No. 13772, § 2, 12-19-2023)

The City Administrator is hereby authorized to adopt rules and regulations consistent with this Chapter as needed to implement this Chapter, subject to the review and approval of the Office of the City Attorney, and to develop all related forms and/or other materials and take other steps as needed to implement this Chapter, and make such interpretations of this Chapter as they may consider necessary to achieve the purposes of this Chapter.

(Ord. No. 13772, § 2, 12-19-2023)