A01 Attachment 0009 - PWS 9 - Safety.pdf

SAFETY

PERFORMANCE WORK STATEMENT (PWS) 9

Attachment 0009 29 May 2020

1. GENERAL:

1.1 This Safety PWS applies to all production/use of facilities by the operating contractor, regardless of the origin of the work.

1.2 The Contractor shall protect the lives and health of its employees, government employees, and the public from its operations and those of its tenants or subcontractors. The contractor shall also protect government property.

1.3 The Contractor shall comply with DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives; DFARS 252.223-7003, Change in Place of Performance - Ammunition and Explosives; and DoD Manual 4145.26, DOD Contractor's Safety Manual for Ammunition and Explosives, 13 March 2008, Incorporating Change 1, Effective March 30, 2018, (except otherwise stated in this PWS). The Contractor shall also comply with Federal Acquisition Regulation (FAR) 52.223-3, Hazardous Material Identification and Material Safety Data; DFARS 252.223-7001, Hazard Warning Labels, when applicable; 32 Code of Federal Regulations (CFR) 655.10, Use of Radiation Sources by Non-Army Entities on Army Land; and FAR 52.223-7, Notice of Radioactive Materials. In addition, the Contractor shall comply with the following safety requirements.

1.3.1 The Contractor shall comply with applicable provisions of Federal, State, and Local ordinances, laws, and construction codes.

1.3.2 The Contractor shall respond to the Administrative Contracting Officer (ACO), in writing, regarding safety inspections of its operations performed by the Department of Defense (DOD), Army, U.S. Army Materiel Command and U.S. Army Joint Munitions Command elements.

(CDRL J001).

1.3.3 When required by Department of the Army (DA) Pamphlet (PAM) 385-64, “Ammunition and Explosives Safety Standards,” dated 10 October 2013, Chapter 4, the Contractor shall submit site and construction plans that comply with DA Pam 385-65, "Explosive and Chemical Site Plan Development and Submission,” dated 20 July 2009. Use of Explosives Safety Siting (ESS) version 6 software is the preferred method of submission, however it is not required. The Contractor shall submit site plans electronically (e.g., e-mail, U.S. Army Aviation and Missile Research Development and Engineering Center – Safe Access File Exchange, etc.).

(CDRL J002).

1.3.4 The Contractor shall prepare, present and manage explosives storage license(s) and identify and track each ammunition and explosives storage location. (CDRL J003). In addition, the Contractor shall provide the HWAD Government Safety Office with a written notification that the 12 month license review/validation process has been completed (CDRL J004). The Contractor shall notify the HWAD Government Safety Office prior to any change in net explosives weight amounts outlined in the current license(s) (CDRL J005).

1.4 The Contractor shall notify the HWAD Government Safety Office upon arrival of any local, state or Federal agency including, but not limited to, the Occupational Safety and Health Administration (OSHA) and Nuclear Regulatory Commission (NRC), and provide to HWAD Government Safety Office a copy of all reports issued by such agencies within 15 calendar days of receipt. The Contractor shall provide a copy of its response to the report to the HWAD Government Safety Office within five calendar days of responding to the report generator. (CDRL J006).

1.5 The Contractor shall develop a decontamination plan and provide a copy to HWAD Government Safety Office (CDRL J007). The plan shall apply DoD Manual 6055.09, DoD Ammunition and Explosives Safety Standards, 29 February 2008, Incorporating Change 2, 18 December 2017, Volume 7, Enclosure 6, and DoD Instruction 4140.62, Material Potentially Presenting an Explosive Hazard (MPPEH), 20 August 2015, Incorporating Change 2, 31 August 2018, to buildings, equipment, and items of ammunition/components which are contaminated with explosives and upon which the Contractor wants to perform work or dispose. The plan shall address decontamination of items contaminated with hazardous materials other than explosives. The plan shall include the requirement for the Contractor to certify, in writing, as to the level of decontamination of each item and what restrictions that level places on the item.

1.6 The Contractor shall not construe the requirements of this PWS as making the Army the controlling employer (as defined by OSHA) at HWAD.

1.7 The Government has the right to conduct its own investigation of any accident occurring on the depot, not just those involving ammunition or explosives. The Contractor will cooperate with the Government investigation and requests for information.

2. SPECIFIC SAFETY REQUIREMENTS FOR CONTRACTOR OPERATIONS:

2.1 Radioactive Material or Radiation Producing Equipment.

2.1.1 The Contractor shall comply with the requirements of Titles 10 and 32 CFR, or State requirements for radioactive items used on-site.

2.1.2 The Contractor shall obtain Procuring Contracting Officer (PCO) approval before bringing radioactive items onto the depot.

2.1.3 If the Contractor possesses any radioactive material or radiation producing equipment on site, at a minimum the following standards will apply:

2.1.3.1 The Contractor shall appoint, in writing, a trained individual as Radiation Safety Officer (RSO) and another individual as alternate RSO to manage the radiation safety program. (CDRL J008).

2.1.3.2 The Contractor shall ensure the RSO and alternate RSO receive a minimum of 24 hours of training in radiation safety every two years. The Contractor shall identify the RSO training requirements in its safety plan.

2.1.3.3 The Contractor shall apply for Army Radiation Permits through the ACO in accordance with (IAW) 32 CFR 655.10 prior to bringing radioactive material or operating radiation producing devices on-post. The Contractor shall also apply through the ACO for changes to existing radiation permits and supporting permit documents, including NRC or State licenses and subsequent amendments to those licenses. (CDRL J009).

2.1.3.4 The Contractor shall provide the ACO and HWAD Government Safety Office access to the Contractor’s annual radiation sources inventory (which includes radioactive material and radiation producing devices) and its annual radiation protection program review as required by 10 CFR 20.1101 (or applicable State regulation for agreement state licensees).

2.1.3.5 The Contractor shall report accidents, incidents, and thefts involving radioactive material to the ACO and HWAD Government Safety Office IAW 10 CFR 20. The Contractor shall report accidents and incidents involving radiation-producing devices to the ACO and HWAD Government Safety Office IAW State regulation. (CDRL J010).

2.1.3.6 The Contractor shall ensure personnel who work with or around radioactive material or radiation producing devices receive initial and periodic radiation safety training commensurate with their duties. The Contractor shall address these training requirements in its safety plan.

2.1.4. Lasers.

2.1.4.1. If the Contractor uses lasers, the Contractor shall implement the protection standards and controls for the safe use of lasers and laser systems as outlined in American National Standards Institute Z136.1-2014.

2.1.4.2. The Contractor will appoint, in writing, a trained individual as Laser Safety Officer prior to operating class 3b or class 4 lasers. (CDRL J011).

2.1.5. Radiofrequency Devices. The Contractor will appoint, in writing, a trained individual as Radiofrequency Safety Officer (RFSO) for radiofrequency devices that require posting of hazard-warning signs. (CDRL J012).

2.2 Accident Reporting.

2.2.1 The Contractor shall provide timely notification (within one hour) to HWAD Government Safety Office of accidents listed in paragraph C2.2 of DoD 4145.26-M, regardless of the involvement of ammunition or explosives, upon becoming aware of their occurrence (CDRL J013). The Contractor shall report all ammunition and explosive accidents, regardless of Government property damage or personnel injury level, and all other accidents involving Government property damage equal to or more than $5,000.

2.2.2 The Contractor shall provide to the HWAD Government Safety Office a copy of their OSHA Form 300, Log of Work-Related Injuries and Illnesses, showing data for the previous month (e.g., February form showing January data). (CDRL J014).

2.2.3 The Contractor shall provide to the HWAD Government Safety Office a copy of their OSHA Form 300A, Summary of Work-Related Injuries and Illnesses. (CDRL J015).

2.2.4 The Contractor’s performance for (1) Total Case Incident Rate (TCIR), (2) Lost Time (LT) case rate, and (3) Days Away Restricted or Transferred (DART) rate, shall be at or below the most current publication of the U.S. Department of Labor (Bureau of Labor Statistics) rates for their North American Industry Classification System (NAICS) code.

2.3 HWAD Government Staff Training: The Contractor shall provide comparable safety training to the HWAD Government Staff as it does for its own staff. This requirement includes OSHA and other safety training as the mission may dictate.

When feasible, the HWAD Government Staff can attend classes established for Contractor personnel. Examples of training include: hearing conservation, Hazardous Waste Operations and Emergency Response, radiation protection, use of respirators, Hazardous Materials, asbestos, lead exposure, and emergency action plans. The Contractor is not obligated to develop training to satisfy training mandates applicable only to Government employees. The purpose of this requirements is to assist with integration of the Contractor and Commander’s or Commander’s Representative’s safety programs. The Government does not expect the Contractor to incur additional costs to execute this requirement.

2.4 The Contractor shall develop, track, and provide general safety awareness training to all depot visitors, Contractor personnel, and Government employees.

(CDRL J016).

https://www.census.gov/eos/www/naics/

2.5 The Contractor shall prepare a written Emergency Action Plan. The plan shall comply with 29 CFR 1910.38, as well as any additional State and/or Local requirements if more stringent. (CDRL J017). The Contractor shall exercise the plan at least once per year. After each exercise, the Contractor shall provide HWAD Government Safety Office a written after-action report with corrective actions identified. (CDRL J018).

2.6 The Contractor shall maintain lightning protection systems as detailed in Chapter 17, Section IV, of DA Pam 385-64, “Ammunition and Explosives Safety Standards,” dated 10 October 2013. Any replacement of existing lightning protection system components or construction of new lightning protection systems shall comply with the requirements in Chapter 17, Section IV, DA Pam 385-64, “Ammunition and Explosives Safety Standards,” dated 10 October 2013. A copy of the inspection reports shall be provided to the HWAD Government Safety Office. (CDRL J019).

2.7. The contractor shall apply the requirements of 29 CFR 1910.119, Process Safety Management of Highly Hazardous Chemicals, to all explosive, propellant, and pyrotechnic operations.

2.8 The Contractor shall obtain site plan approval from DoD Explosives Safety Board for all explosive operations before starting operations.

2.9 The Contractor shall comply with the Memorandum, Office of Assistant Secretary of the Army (Installations, Energy and Environment), 2 July 2014, subject: Personnel Qualifications for Documenting Explosives Safety Status.

The Contractor shall have the appropriate trained individuals to manage and process MPPEH, Material Documented as an Explosives Hazards (MDEH), and Material Documented as Safe (MDAS) at HWAD. Certified individuals shall assess and make determinations on materials going to the burning ground. The Contractor shall maintain and submit a list of personnel authorized to document the explosives safety status of MPPEH IAW the Memorandum, Office of Assistant Secretary of the Army (Installations, Energy and Environment), 2 July 2014, subject: Personnel Qualifications for Documenting Explosives Safety Status. (CDRL J020).

3. SUBCONTRACTING/RENTING:

3.1 Before signing a contract or tenant use agreement for any purpose, the Contractor shall do the following:

3.1.1 Inform subcontractor or tenant of their obligation to comply with Federal, State, and Local safety and health laws and regulations. The Contractor shall flow down all applicable safety requirements contained in this PWS.

3.1.2 Decontaminate facilities and equipment to the appropriate degree to ensure safe use.

3.1.3 Ensure buildings and equipment meet current OSHA and other standards before allowing subcontractor or tenant access.

3.1.4 Ensure subcontractor or tenant returns buildings, equipment, and land to their pre-rental level of contamination or better after the contract or tenant use agreement expires.

3.1.5 Ensure the location of the proposed operations will not encroach upon explosive operations.

3.1.6 In addition to the accident reporting requirements stated above in paragraph 2.2, the Contractor shall report to HWAD Government Safety Office any accident involving its subcontractors or tenants that in the opinion of the Contractor is likely to arouse media attention.

3.2 If the subcontract or tenant use agreement will result in making ammunition, explosives, pyrotechnics, or propellants on depot, storing them on depot, or bringing them onto the depot for any purpose, the Contractor shall also:

3.2.1 Obtain siting approval per the requirements in paragraph 1.3.3 above.

3.2.2 Obtain PCO approval for waivers or exemptions to the requirements of DOD 4145.26-M.

4. WRITTEN SAFETY PLAN: The Contractor shall develop, provide a copy to the HWAD Government Safety Office (CDRL J021) and comply with a written Safety Program that meets the requirements below:

4.1 The plan shall describe in detail how the Contractor will ensure its operations and the facilities it uses comply with OSHA requirements. The Contractor shall address each 29 CFR 1910 Subpart separately. The Contractor need only address those subparts that apply to its operations or the facilities it uses.

4.1.1 In the plan, the Contractor shall separately address implementation of 29 CFR 1910.119, Process Safety Management. As a minimum, the plan shall address the following elements from Appendix C to 29 CFR 1910.119: Employee Involvement in Process Safety Management, Process Safety Information, Process Hazard Analysis, Operating Procedures and Practices, Employee Training, Contractors, Pre-Startup Safety, Mechanical Integrity, Non-routine Work Authorizations, Managing Change, Investigation of Incidents, Emergency Preparedness, and

Compliance Audits.

4.2 The plan shall describe in detail how the Contractor will determine if its operations and the facilities it uses comply with DOD 4145.26-M.

4.2.1 The plan shall describe in detail how the Contractor will correct non-compliances with DOD 4145.26-M.

4.2.2 The plan shall describe in detail the interim protective measures the Contractor will institute until it corrects non-compliances with DOD 4145.26-M.

4.3 The plan shall require the Contractor to document in writing all inspections, surveys, etc. performed to determine compliance with OSHA or

DOD 4145.26-M.

4.4 The plan shall require the Contractor to enter all conditions found to be non-compliant with OSHA or DOD 4145.26-M that it cannot immediately correct into a searchable electronic database to permit tracking of the non-compliant condition until corrected. The database shall include the names and contact information (such as work telephone number) of persons responsible for correction. (CDRL J022).

4.5 The plan shall require the Contractor to enter into a searchable electronic database (to permit tracing until abated), any hazardous condition, not attributable to non-compliance with OSHA or DOD 4145.26-M, and not corrected upon discovery. The database shall include the names and contact information (such as work telephone number) of persons responsible for correction. (CDRL J023).

4.6 The plan shall provide that in the event of an accident requiring direct notification to OSHA or State agency (fatality or hospitalization of three or more persons from the same event), the Contractor shall take immediate action to re-focus its workforce on matters of safety, such as a stand down or similar appropriate activity.

4.7 The plan shall describe in detail how the Contractor will comply with this PWS. The plan does not supersede the requirements of this PWS.

5. INSPECTION AND ACCEPTANCE: The ACO and HWAD Government Safety Office shall determine compliance primarily by visual inspection and review of records during performance of work. A DD Form 250, Material Inspection and Receiving Report, is not required.

6. WAIVERS AND EXEMPTIONS:

6.1 Waivers or Exemptions of Mandatory Safety Requirements. In accordance with DoD 4145.26-M, as specified in DFARS 252.223-7002, mandatory safety requirements are those that use the term "shall", "must", or "will" as contained in this document. The Contractor shall not deviate from the mandatory safety requirements without prior written approval from the PCO. The Government grants waivers and exemptions for specific situations. The Contractor shall not interpret them to cover similar operations, locations, or conditions.

6.2 The Government may grant a waiver only after it has been determined that the Contractor cannot comply with applicable safety standards, risks have been adequately assessed and control measures have been identified, and essential work shall still be performed. The Government normally grants waivers for one year or less, and no waiver shall remain in effect for longer than five years. The Contractor shall forward all requests for waiver to the HWAD Government Safety Office no less than 10 business days prior to requested approval for a Negligible or Minor Risk, no less than 30 business days for a Moderate Risk, and no less than 90 business days for a Serious or Critical Risk. (CDRL J024).

6.3 When the time to correct the deviation will exceed five years, the Contractor shall forward a request for an exemption to HWAD Government Safety Office.

6.4 The Contractor shall review waivers (granted for a period of more than one year) and exemptions annually to ensure that the circumstances requiring the waiver or exemption have not changed. The Contractor shall forward the results of this review and a progress report, regarding corrective actions the Contractor has completed, to the HWAD Government Safety Office. (CDRL J025). The Government will not grant waivers or exemptions without evidence that the Contractor has taken positive steps to program and budget for correction of the noncompliance.

6.5 The PCO will rescind waivers and exemptions on the stated expiration date unless the Contractor sends a request for renewal to the HWAD Government Safety Office at least 90 days before the expiration date. The PCO will cancel approved waivers or exemptions that are no longer necessary, prior to the stated expiration date when notified by the Contractor. The Contractor shall maintain a current list of open waivers and exemptions and submit a monthly report on waivers and exemptions to the HWAD Government Safety Office. (CDRL J026).

6.6 The PCO may temporarily suspend a waiver or exemption when an accident involving the waived or exempted condition or facility occurs until investigation and analysis justify reinstatement.

7. NOTE: All references regarding Government/installation commander duties and authorities or responsibilities in any of the documents, regulations, pamphlets, and manuals are specifically excluded from this PWS.

DOCUMENT SUMMARY LIST

The contractor shall work with the HWAD ACO to identify any changes to the references or any applicable regulations or laws, which may affect process, cost, and/or schedule. The ACO will review and provide implementation guidance.

Doc. Document No. (Contract Ref.)

DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf

DFARS 252.223-7003, Change in Place of Performance - Ammunition and Explosives https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf

DFARS 252.223-7001, Hazard Warning Labels, when applicable https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf

FAR 52.223-7, Notice of Radioactive Materials https://www.govinfo.gov/content/pkg/CFR-2000-title48-vol2/pdf/CFR-2000-title48-vol2-sec52-223-7.pdf

FAR 52.223-3, Hazardous Material Identification and Material Safety Data https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol2/pdf/CFR-2011-title48-vol2-sec52-223-3.pdf

29 CFR

https://www.dol.gov/general/cfr/title_29

10 CFR

https://www.nrc.gov/reading-rm/doc-collections/cfr/

32 CFR 655.10

https://www.govinfo.gov/app/details/CFR-2002-title32-vol4/CFR-2002-title32-vol4-sec655-10

DOD Manual 6055.09, Volume 7 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/605509v7_dodm_2 008.pdf?ver=2017-12-18-131904-153

DOD Manual 4145.26 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414526p.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2000-title48-vol2/pdf/CFR-2000-title48-vol2-sec52-223-7.pdf https://www.govinfo.gov/content/pkg/CFR-2000-title48-vol2/pdf/CFR-2000-title48-vol2-sec52-223-7.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol2/pdf/CFR-2011-title48-vol2-sec52-223-3.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol2/pdf/CFR-2011-title48-vol2-sec52-223-3.pdf https://www.dol.gov/general/cfr/title_29 https://www.nrc.gov/reading-rm/doc-collections/cfr/ https://www.govinfo.gov/app/details/CFR-2002-title32-vol4/CFR-2002-title32-vol4-sec655-10 https://www.govinfo.gov/app/details/CFR-2002-title32-vol4/CFR-2002-title32-vol4-sec655-10 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414526p.pdf

DOD Instruction 4140.62 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414062p.pdf?ver=20 18-10-23-091737-977

ANSI Z136.1-2014

https://webstore.ansi.org/standards/lia/ansiz1362014

DA Pam 385-65 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=83959

DA PAM 385-64

https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=74126

Bureau of Labor Statistics rates https://www.bls.gov/iif/oshsum.htm

Memorandum, Office of Assistant Secretary of the Army (Installations, Energy and Environment), 2 July 2014, subject: Personnel Qualifications for Documenting Explosives Safety Status No web address – copy provided https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414062p.pdf?ver=2018-10-23-091737-977 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414062p.pdf?ver=2018-10-23-091737-977 https://webstore.ansi.org/standards/lia/ansiz1362014 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=83959 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=74126 https://www.bls.gov/iif/oshsum.htm