For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

VIDEO DISPLAY TERMINAL WORKER SAFETY

SF-HEALTH art. 23
in effect

SF Health Code § 1301 FINDINGS.

SEC. 1301. FINDINGS. (a) The Board of Supervisors of the City and County of San Francisco finds and declares that it shall be the public policy of the City and County of San Francisco to provide public and private sector employees who operate video display terminals within the City and County of San Francisco with a safe and healthy work environment. (b) Investigations conducted by the National Institute for Occupational Safety and Health of video display terminal (VDT) operators in response to complaints of headaches, general malaise, eyestrain and other visual and musculoskeletal problems resulted in recommendations for VDT workstation design, VDT work breaks and pre-placement and periodic visual testing to reduce musculoskeletal and vision complaints among VDT users. (c) Various world-wide studies have demonstrated elevated musculoskeletal discomforts and disorders in VDT operators as compared with non-VDT workers. Statistics from these studies show a correlation between VDT use and shoulder-neck discomfort/pain, wrist tendonitis, and carpal tunnel syndrome. Statistics also show a higher number of vision complaints among VDT operators compared to other workers. Research has shown that inadequate workstation adjustment, lack of operator knowledge of adjustments, and long, uninterrupted use of VDTs are associated with musculoskeletal disorders and vision complaints. The consensus of the National Institute for Occupational Safety and Health, the World Health Organization and the American National Standards Institute is that adjustable VDT workstations in combination with training and proper adjustment of the workstation and periodic breaks from VDT use during the work day substantially contribute to suitable working postures and reduce vision complaints, thereby providing a safer and healthier work environment for VDT operators. (d) This Board of Supervisors further declares that, although some employees and manufacturers have recognized and implemented safeguards in equipment and workstation design and work routine in order to better protect the health and well-being of employees who operate VDTs on a regular basis, many VDT operators remain, as yet, unprotected. The Board of Supervisors finds that by providing for adjustable workstations and education and training covering workstation design and adjustment, work routine, and the causes of and treatments for health effects association with VDT use, employers will furnish a safer and healthier work place for VDT operators. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1302 DEFINITIONS.

SF Health Code § 1304 WORKSTATION STANDARDS.

SEC. 1304. WORKSTATION STANDARDS. (a) Within 12 months of the effective date of this Article 23, every employer, when purchasing VDT workstations or equipment, shall provide an operator who may be expected because of the employee's duties to routinely perform repetitive keyboard motions four hours or more, inclusive of breaks, per shift, with user-adjustable workstations and chairs that meet the following minimum standards: (1) Seating for the workstation shall conform to the provisions of the American National Standard for Human Factors Engineering of Visual Display Terminal Workstations, ANSI/SFS Standard No. 100-1988, Section 8.7 "Seating," or meet the requirements of Subsections (a)(1)(A) through (a)(1)(D) as follows: (A) Seat pans and backrests of chairs shall be upholstered with moisture absorbing material. The upholstery shall be compressible at a minimum in the range of approximately one-half to one inch. (B) Seat pans shall be adjustable for height and angle. (C) Backrests shall be adjustable for height and to a position behind and forward of the vertical position. (D) Chairs shall be capable of being swivelled by the user. (2) Arm rests, wrist rests and foot rests shall be provided upon the request of the operator. Wrist rests shall enable the operator to maintain a neutral position of the wrist while at the keyboard, and shall be padded and without sharp edges. (3) The adjustment mechanism for adjustable chair seat pans shall be operable by the user from a seated position. The adjustment mechanism for adjustable chair backrests shall be easily operable by the user. (4) The keyboard shall be detachable from the terminal. (5) The terminal display support shall be adjustable so that the entire primary viewing area of the terminal is between zero and 60 degrees below the horizontal plane passing through the eyes of the operator. The terminal keyboard, in combination with the seating and the worksurface, shall be adjustable so that the operator, while seated in a normal, upright position, is able to operate the keyboard with his or her forearms, wrists and hands in a position approximately parallel to the floor. The height of the worksurface shall be such as to provide adequate clearance under the worksurface to accommodate the operator's legs in a normal upright seated position. (b) Within 12 months of the effective date of this Article 23, every employer, when purchasing VDT workstations or equipment, shall provide an operator who may be expected because of the employee's duties to use video display terminal equipment four hours or more, inclusive of breaks, per shift, with a workstation that meets the following minimum standards: (1) Workstations shall be illuminated with lights arranged to avoid visual glare and discomfort. The illumination level shall be within 200 - 500 lux. Task lighting shall be made available upon the request of the operator. (2) Glare shall be eliminated through methods that include but are not limited to shielding windows with shades, curtains or blinds, positioning the terminal so that the terminal screen is at a right angle to the window producing the glare, fitting video display screens with anti-glare screens and providing keyboards with tops finished in a manner so as to minimize reflection. (3) A document holder adjustable for placement angle and height shall be provided upon the request of the operator when a document holder is appropriate for the performance of the operator's duties. (4) Video display screens shall be clean, clear, and free of perceptible flicker to the operator. (5) Direct noise from impact printers shall be reduced to improve ease of communication by placing covers over the printers or by isolating the printers from the rest of the work environment. (c) As used in this Article, "routinely perform repetitive keyboard motions" shall not be interpreted to include only brief, intermittent keyboard motions that are ancillary to the employee's performance of other work tasks. (d) Within 30 months of the effective date of this Article 23, every employer shall (1) upgrade existing VDT workstations and equipment that the employer provides to any operator, as defined in Section 1304(a), as necessary to comply with the minimum standards specified in Section 1304(a)(1) through (a)(5); and (2) upgrade existing VDT workstations and equipment that the employer provides to any operator, as defined in Section 1304(b), as necessary to comply with the minimum standards specified in Section 1304(b)(1) through (b)(5); provided, however, that the upgrading required by Sections 1304(a) and (b) combined shall not require the employer to expend more than $250 per upgraded VDT workstation. (e) Within 48 months of the effective date of this Article 23, for any existing equipment, every employer shall (1) upgrade or replace VDT workstations and equipment that the employer provides to any operator, as defined in Section 1304(a), as necessary to comply with the minimum standards specified in Section 1304(a)(1) through (a)(5); and (2) upgrade or replace VDT workstations and equipment that the employer provides to any operator, as defined in Section 1304(b), as necessary to comply with the minimum standards specified in Section 1304(b)(1) through (b)(5). (Added by Ord. 405-90, App. 12/27/90; amended by Ord. 17-91, App. 1/18/91)

SF Health Code § 1305 ALTERNATIVE WORK.

SF Health Code § 1307 EMPLOYEE EDUCATION AND TRAINING.

SEC. 1307. EMPLOYEE EDUCATION AND TRAINING. The Director shall adopt regulations setting forth an employer's duties to furnish operators and their supervisors with information and training about health and safety concerns associated with the use of video display terminals. The regulations shall be consistent with the following guidelines. (a) The information and training furnished to operators shall at a minimum include: (1) Known and suspected health effects and symptoms or health concerns which published scientific research has found to be associated with VDT work, including musculoskeletal strain, cumulative trauma disorders such as carpal tunnel syndrome, vision effects, possible reproductive effects and psychological stress; (2) Known and suspected causes of VDT-related health effects including poorly designed work stations, long periods of physical immobility, poorly adjusted furniture, awkward postures, poor visual correction, inappropriate levels of lighting, excessive glare, and excessive or continuous keyboard activity; (3) Protective measures which may be taken to reduce or alleviate health effects and symptoms including: (A) Ergonomic principles regarding appropriate positioning of furniture, accessories (such as foot rests, document holders and wrist rests) and displays and the importance of maximum flexibility in workstation design; (B) The importance of regular breaks from VDT work in alleviating musculoskeletal and visual strain; (C) Mechanisms for reducing glare and excessive levels of room illumination, including indirect or shielded overhead lighting, window shades or blinds, proper placement of terminals in relation to glare sources, and glare screens; (D) Instruction in adjusting display for maximum contrast and resolution; (E) The role of vision examinations in identifying visual problems that may be exacerbated or precipitated by VDT use and determining the need for special visual correction for VDT work; (F) Hands-on instruction in making appropriate adjustments to table, chair, display and accessories; (G) Eye and body exercises helpful in alleviating musculoskeletal and visual strain. (4) A review of the latest scientific research in radiation emissions associated with VDT use, including a summary of research and published standards for non-ionizing radiation emissions and remedies for reducing potential radiation exposure such as use of non-radiation producing display technology. (b) The information and training shall describe the contents of this ordinance and the employee's rights under it. (c) Employers shall provide the information to current operators and supervisors within six months of the effective date of the Director's regulations. (d) Beginning six months after the effective date of the Director's regulations, employers shall provide new operators with the information and training within the first 30 days of employment. (e) Employers shall provide the information to operators and supervisors on an annual basis. (f) Employers shall maintain records identifying those operators provided with information and training under this ordinance. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1308 EMPLOYEE RIGHTS.

SEC. 1308. EMPLOYEE RIGHTS. No employer shall discharge, threaten with discharge, demote, suspend, or alter an employee's pay, position, seniority or other benefits, or in any other manner discriminate against any employee because such employee has (1) filed any oral or written complaint with the Department, the employer, or the employee's representative concerning the employee's rights under this ordinance, (2) instituted or caused to be instituted any proceeding under or relating to the employee's rights under this ordinance or has testified or is about to testify in any such proceeding, or (3) exercised on behalf of the employee or others any rights afforded the employee under this ordinance. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1309 VARIANCE AND EXEMPTION PROCEDURES.

SEC. 1309. VARIANCE AND EXEMPTION PROCEDURES. (a) Determination. The Director of the Bureau of Toxics, Health and Safety Services in the Department of Public Health shall have authority to approve: (1) A variance from a specific workstation standard, or rule or regulation adopted by the Director pursuant to this Article, upon a showing by the employer that an alternative program, method, practice, means, device or process will provide equal or superior safety for operators; and (2) An exemption from a specific workstation standard, or rule or regulation adopted by the Director pursuant to this Article, upon a showing by the employer that it is technologically infeasible to comply with the workstation standard or rule or regulation for which the exemption is sought because the nature of the employer's business necessitates the use of specialized VDT or workstation equipment which is not readily available in conformance with the standard, rule or regulation, and the use of conforming equipment would adversely affect the task or work operations. An exemption may be granted for a period of up to two years. (b) Application. The employer of the place of employment for which the variance or exemption is sought may initiate a variance or exemption action by filing an application with the Department. An employer may file a single application and pay a single application fee for all variances and exemptions that the employer may seek at any one time at any one place of employment. The application shall be made in writing upon forms prescribed by the Department and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the variance or exemption. The filing of the application for a variance or exemption shall stay the applicability of the workstation standard, rule or regulation for which the variance or exemption is sought. Before accepting any application for filing, the Department shall charge and collect an application fee. [See Section 1310.] (c) Hearing. The Director of the Bureau of Toxics, Health and Safety Services (hereinafter referred to in this Article as "Bureau Director") shall hold a hearing on the application and shall hear the employer and other interested parties. The Bureau Director shall cause a notice of the time and place of the variance or exemption hearing to be mailed to the employer by certified mail at the address specified in the application at least 10 days prior to said hearing. The Bureau Director shall act upon each application within 90 days of receipt by the Department of the completed application. This time limit may be extended by written agreement executed by the Bureau Director and the applicant. (d) Variance Findings. No variance shall be granted unless the Bureau Director finds and specifies in a written decision that in granting the variance, an equivalent level of safety will be provided through use of an alternative program, method, practice, means, device or process as is provided by the workstation standard or rule or regulation for which the variance is sought. (e) Exemption Findings. No exemption shall be granted unless the Bureau Director finds and specifies in a written decision that it is technologically infeasible for the employer to comply with a workstation standard or a rule or regulation because the nature of the employer's business necessitates the use of specialized VDT or workstation equipment which is not readily available in conformance with the standard, rule or regulation for which the exemption is sought, and the use of conforming equipment would adversely affect the task or work operations. (f) Notice to Operators. Immediately upon receipt of the notice of hearing, the employer shall provide notice of the application and hearing to affected operators and file a proof of service of the notice with the Department. (1) If affected operators are not represented by an authorized employee representative, the employer shall post a copy of the notice of the hearing and a statement specifying where a copy of the variance or exemption application may be examined, at the place or places where notices to employees are usually posted. (2) If affected operators are represented by an authorized employee representative, the employer shall provide a copy of the notice of the hearing and a statement specifying where a copy of the application may be examined, to the employee representative by postage-prepaid first class mail or by personal delivery. (3) Proof of service shall be accomplished by filing an affidavit or declaration under penalty of perjury with the Department, certifying to the time and manner in which the notice was given. (g) Decision. Upon issuing the written decision either granting or denying the variance or exemption in whole or in part, the Bureau Director shall forthwith transmit a copy of the decision to the employer by certified mail at the address specified in the application. It shall be a condition of the order that the employer shall give notice of the decision to affected operators by the same means used to inform them of the application and notice of hearing. The decision of the Bureau Director shall be final and shall become effective as stated therein, except upon the filing of a valid appeal to the Director of Public Health. (h) Record. A record shall be kept of the pertinent information presented at the hearing on the variance or exemption and such record shall be maintained as part of the permanent public records of the Department of Public Health. (i) Appeal. Within 30 days from the date the variance or exemption decision is mailed to the employer, the employer, affected operators or authorized employee representatives of the affected operators may appeal the decision, in writing, to the Director, setting forth in detail the ground or grounds for the appeal. Before accepting any application for appeal, the Department shall charge and collect an application fee. [See Section 1310.] (j) Hearing on Appeal. The Director shall set a time and place for the hearing on the appeal and cause a notice of the time and place of the hearing to be mailed to the applicant by certified mail at the address specified in the application not later than 10 working days from the date the appeal was received by the Director. The hearing shall be conducted within 30 days from the date the appeal was received by the Director. The Director shall hear the applicant and other interested parties. (k) Notice of Appeal to Operators, Employee Representatives, Employers. If the applicant on appeal is the employer, the applicant shall provide notice of the appeal application and hearing to affected operators as provided in Subsection (f), above. If the applicant is an affected operator or authorized employee representative, the applicant shall provide notice of the appeal and hearing to the employer by postage-prepaid first class mail or by personal delivery. Proof of service shall be accomplished by filing an affidavit or declaration under penalty of perjury with the Department, certifying to the time and manner in which the notice was given. (l) Disposition of Appeal. After the hearing on the appeal, the director may affirm the original decision, may reverse the original decision or may modify the original decision. The Director shall forthwith transmit a copy of the decision to the applicant on appeal by certified mail at the address specified in the application. It shall be a condition of the order that the applicant shall give notice of the decision to affected operators, authorized employee representatives or the employer, as applicable, by the same means used to inform them of the appeal application and hearing. (m) Record of Appeal. A record shall be kept of the pertinent information presented at the hearing on the appeal and such record shall be maintained as part of the permanent public records of the Department. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1310 FEES.

SEC. 1310. FEES. (a) VDT Variance or Exemption Application Fee. Applicants for a variance or an exemption from the requirements of the video display terminals ordinance shall pay a filing fee of $175 to the Department of Public Health. (b) Variance or Exemption Appeal Fee. Applicants on appeal of a variance or exemption decision from the requirements of the video display terminals ordinance shall pay a filing fee of $175 to the Department of Public Health. (Added by Ord. 302-91, App. 8/6/91)

SF Health Code § 1311 RIGHT TO ENTRY AND INSPECTION.

SEC. 1311. RIGHT TO ENTRY AND INSPECTION. In order to carry out the purposes and provisions of this Article, the Director shall have the right at any reasonable time, upon the presentation of proper credentials, to enter upon or into the premises of any employer, as defined in this Article, who employs one or more VDT operators to inspect said premises for compliance with this Article. If the owner or occupant of the premises denies entry, the Director shall obtain a proper inspection warrant or other remedy provided by law to secure entry. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1312 AUTHORITY TO ADOPT RULES AND REGULATIONS.

SEC. 1312. AUTHORITY TO ADOPT RULES AND REGULATIONS. (a) The Director may adopt and from time to time amend reasonable rules, regulations and guidelines consistent with and implementing the provisions and intent of this Article. Said rules and regulations shall be approved by the Health Commission at a public hearing. In addition to the notice required by law, before the Health Commission approves the issuance or amendment of any rule or regulation, the director shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation. The Secretary of the Health Commission shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Health Commission for notice of hearings on VDT rules or regulations. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1313 ENFORCEMENT.

SEC. 1313. ENFORCEMENT. (a) The Director may enforce the provisions of this Article against violations by either of the following actions: (1) Serving notice requiring the correction of any violation of this Article; (2) Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of this Article, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation. (b) Any employer who violates this Article shall be liable for a civil penalty, not to exceed $500, which penalty shall be assessed and recovered in a civil action brought in the name of the People of the City and County of San Francisco in any court of competent jurisdiction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco. (c) In undertaking the enforcement of this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1314 CONFLICT WITH OTHER LAWS.

SEC. 1314. CONFLICT WITH OTHER LAWS. (a) By adopting this ordinance, the City and County of San Francisco does not intend to authorize any activity that federal or state law or regulation prohibits, to prohibit any activity that federal or state law or regulation authorizes, or to duplicate any federal or state law or regulation except to the extent allowed by law. (b) This ordinance shall be void upon the enactment or adoption of any California or federal law having preemptive effect on the regulation of VDTs in the workplace. (Added by Ord. 405-90, App. 12/27/90)

SF Health Code § 1315 SEVERABILITY.

SEC. 1315. SEVERABILITY. If any provision of this Article, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Article are severable. (Added by Ord. 405-90, App. 12/27/90)
Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_health/0-0-0-4261Fetched: 11/1/2026

Starting a business in California? California LLC guide: costs and requirements