10.02.060 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years.
A. Notification of Applicability.
1. Known affected employers located within the city shall be notified in writing by certified mail that they are subject to the provisions of this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the city.
2. Affected employers that, for whatever reason, do not receive written notice, must identify themselves to the city upon determining they are defined as “affected employers.” Once they identify themselves, such employers will be granted 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the city.
3. Any existing employer of 75 or more persons who obtains a business license or business registration from the city will be required to complete an employer assessment form to determine whether or not an employer will be deemed affected or nonaffected in accordance with the provisions of this chapter.
4. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the city, under previous iterations of this chapter, the employer is not required to perform another baseline measurement.
B. Newly Affected Employers.
1. Employers that meet the definition of “affected employer” in this chapter must identify themselves to the city within 90 days of either moving into the boundaries of the city or increasing employment at a worksite to 100 or more affected employees. Such newly affected employers that do not identify themselves within 90 days are in violation of this chapter.
2. Newly affected employers identified as such shall be given 90 days from the date of identification to perform a baseline measurement consistent with the measurement requirements specified by the city. Newly affected employers that do not perform a baseline measurement within 90 days of receiving such written notification that they are subject to this chapter are in violation of this chapter.
3. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the city. The program will be developed in consultation with city of Auburn staff to be consistent with the goals of the city CTR plan. The program shall be implemented by the employer not more than 90 days after approval by the city. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in this chapter.
C. Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:
1. If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for an exemption pursuant to ACC 10.02.100(A).
2. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is placed on a 12-month watch and is subject to the same program requirements as any other affected employer. At the end of the 12-month watch, if the employer no longer employs 100 or more affected employees, it is no longer an affected employer. It is the responsibility of the employer to notify the city that it is no longer an affected employer, and provide documentation to the city of its change in status. The burden of proof lies with the employer.
3. If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers.
4. If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. (Ord. 6218 § 1, 2010; Ord. 5246 § 1 (Exh. A), 1999; Ord. 4602 § 2, 1993.)