5. Exhibit A.docx

& Training

Section 1 – Scope of Work & Coordination

Section 2 – Subcontractor’s ES&H Program

Section 3 – Reporting & Training

Section 4 – Work Site Conditions

Attachment A – ES&H Plan Certificate Attachment B – High Risk Table Requiring Hazard Analysis

EXHIBIT A

For Supply and/or Services Subcontracts

Table of Contents

The Subcontractor shall coordinate work schedules, site access, and resolution of technical issues with Point of Contact or Service Coordinator:

Name David J Fagan Phone 620-840-2914 Email fagan@fnal.gov

Specific training and exemptions List additional training/exemptions, if appropriate

In reference to Section 2.2, this subcontract will [or will not] require the Subcontractor to submit an ES&H Program.

Exhibit A

1. SCOPE OF WORK & COORDINATION

1.1 Point of Contact

The Fermi Research Alliance, LLC (FRA) Point of Contact shall be the first line of contact with the Subcontractor’s field personnel. He/she is responsible for auditing to ensure that the Subcontractor is following established and accepted ES&H practices while on site. Point of Contact is assigned for low risk work activities that typically do not require a written job specific Hazard Analysis.

1.2 Service Coordinator

A FRA Service Coordinator will be assigned for Subcontracts involving work activities with potential risk. He/she shall be the first line of contact with the Subcontractor’s field personnel, and is responsible for auditing to ensure that the Subcontractor is following established and accepted ES&H practices while on site. Service Coordinators are assigned typically when a written job specific Hazard Analysis is required.

1.3 References

The Subcontractor and sub-tiered contractors shall comply with the following reference documents. The publications referenced herein, form a part of this Exhibit and Subcontract documents.

The describe form requires the Subcontractor acknowledgment and certification of an ES&H program commensurate with the complexity and nature of the work activities. Subcontractor(s) working on Fermi National Accelerator Laboratory (Fermilab) are subject to DOE civil penalties or contract fee reductions for noncompliance, in accordance with 10 CFR 851 and 10 CFR 835.

The Department of Energy (DOE) regulation 10 CFR 851 “Worker Safety and Health Program” defines worker safety and health requirements for the Department of Energy contractors and their subcontractors. The Worker Safety and Health Program acknowledgment is part of the ES&H Certificate, reference paragraph 1.5. Additional information can be found at: http://eshq.fnal.gov/worker-safety-health-for-subcontractors DOE regulation 10 CFR 835 “Occupational Radiation Protection” defines the requirements pertinent to work where potential exposure to ionizing radiation hazards occur. The protective measures to be taken where this hazard is present shall be communicated to the Subcontractor through the FRA Service Coordinator. FRA has an extensive level of expertise in management of ionizing radiation hazards that will be utilized to identify the work locations where such hazards are present and establish these protective measures.

The US Department of Energy has the authority to exercise enforcement actions on any Subcontractor who violates any requirement set forth in 10 CFR 851 and 10 CFR 835. The Subcontractor may be subject to civil penalties up to $80,000 for each such violation. If any violation is a continuous violation, each day of the violation shall constitute a separate violation for the purpose of computing the civil penalty.

1.5 Subcontractor & ES&H Certificate

In accordance with 10 CFR 851, the Subcontractor shall submit the ES&H Certificate with the pertinent information related to this subcontract. For further instructions, see attachment at the end of this document.

1.6 Concern and Reporting Process

Whistleblower Protection for Subcontractor Employees:

Telephone: (630) 840-3281 Email: EmployeeConcerns@science.doe.gov

1.7 Bulletin Board

Subcontractors that have an on-site base of operations are responsible for installing and maintaining a safety bulletin board at the location where the majority of the Subcontractor’s employees, sub-subcontractors, and sub-tier vendors report to work. Information shall include

The Subcontractor shall ensure that there is a Competent Person available on site at all times when work is in progress. The Competent Person shall have the knowledge of OSHA standards and other safety related work practices and procedures.

1.9 Work Completion and Clean-up

The Subcontractor shall complete all work and all clean-up operations shall be in compliance with their ES&H program or as agreed by the FRA representative. Documentation for all aspects of the ES&H program shall be complete and in place before Subcontract closeout. All excess materials, equipment, waste materials and rubbish shall be properly disposed from the work site.

SUBCONTRACTOR ES&H PROGRAM

2.1 Responsibility

The Subcontractor has primary line responsibility for providing a safe working environment for its employees. The Subcontractor shall provide overview on the program’s effectiveness and take appropriate corrective actions. The Subcontractor has responsibility to ensure sub-subcontractors also comply with the Subcontractor’s Environment, Safety & Health program and the requirements of this exhibit.

2.2 Environment, Safety & Health Program

The program must comply with and encompass all applicable aspects of 29 CFR 1910, OSHA Safety and Health Standards for General Industry, 10 CFR 851, DOE Worker Safety and Health Program, and when applicable, the provisions set forth in 10 CFR 835, Occupational Radiation Protection, 29 CFR 1926, Occupational Safety and Health Standards for Construction, or other regulatory standards. On all subcontracts that have employee(s) on Fermilab site for more than thirty (30,) eight (8) eight hour days in a twelve (12) month period, or when requested, the Subcontractor shall submit to FRA for review and acceptance a copy of their ES&H (corporate) program description. The program description shall be submitted within 10 calendar days of Subcontract award. The written program should describe the following elements:

a. Management Commitment and Leadership Subcontractor’s policy regarding ES&H goals and how these goals are communicated to the employees;

Management commitment of resources to adequately implement the program;

Participation of management in safety meetings, inspections, and documentation;

How ES&H rules are incorporated into site operations; and Enforcement and disciplinary procedures.

b. Assignment of Responsibility

1. Management responsibility for ES&H;

Responsibilities, knowledge and authority of supervisor and competent persons; and Employee responsibility.

c. Training

1. General requirements;

Supervisor and Competent Person training;

New employee training;

Hazard specific training;

Safety Meetings; and Documentation of training

d. Basic Safety and Health Provisions

1. Emergency actions;

Recordkeeping and reporting of injuries;

Housekeeping;

Hazard Communication Plan;

Personal Protective Equipment; and Fire protection and prevention.

e. Hazard Assessment Process

1. How hazards are identified and analyzed;

Preventive controls, and Inspections and Reporting

f. Waste Handling and Disposal

1. Characterization of waste;

Packaging and Labeling requirement; and Assurance that appropriate transportations and handling facilities will be used.

A Hazard Analysis (HA) may be required for activities that are considered “high risk”, see Attachment B. An HA details the specific hazards associated with the work activities and mitigating actions (including PPE in accordance with ANSI, OSHA, and NFPA 70E) that the Subcontractor will take to reduce or eliminate the risk of injury. Safety Data Sheets (SDS) and any specific procedures (confined space, LOTO) are to be submitted as part of this HA. The HA shall be submitted for FRA review and acceptance prior to commencement of work. Each employee will acknowledge reading and understanding the HA by placing his/her signature on the signature page. The HA is a dynamic document that will require modification as the project moves from start to finish. As the HA is updated, the employees must be advised of the new information.

2.4 Stop Work Activity

Any FRA employee may stop a work activity if there is imminent danger of serious injury, fatality, or major environmental release. If the hazard cannot be abated in a timely manner, the work activity shall be stopped and the Service Coordinator/Point Of Contact and Procurement Administrator shall be contacted.

REPORTING & TRAINING REQUIREMENTS

3.1 Emergency Response and Reporting

In the event of an actual fire or severe weather, all Subcontractor personnel shall evacuate to a prearranged safe location as designated by the Service Coordinator or Point of Contact.

Subcontractors shall maintain and provide to FRA upon request any and all applicable occupational safety and environmental records. Such records include, but are not limited to, the records required to be maintained by federal/state regulations, OSHA injury/illness logs, training records, inspection records, safety meetings, and accident investigation.

WORK SITE CONDITIONS

4.1 Fermilab Permits

FRA conducts work through the use of on-site permits. All required permits will be identified by the Service Coordinator who will arrange for all necessary Laboratory permits. This excludes those permits required elsewhere. No work activity shall be performed without the required permits, laboratory or other. No alarms, safety devices, etc. will be disabled without prior approval of the Service Coordinator. The Subcontractor shall make a specific request to the Service Coordinator at least 48 hours before disablement. Activities requiring permits include but are not limited to: work notification, electrical work, excavation, burning/welding, modification to drinking water systems, bringing radioactive sources on site, working with/on radioactive material, working in radiological areas, and moving government or Fermilab property off site. The Subcontractor will comply with all restrictions or provisions listed on permits.

4.2 Electric Power

The Subcontractor shall provide and pay for telephone service for its requirements. FRA will furnish electric power at 480Y/277V and/or 208Y/120. The Subcontractor will pay cost of connection to this power source. Installation of the Subcontractor’s electrical distribution will be subject to the approval of FRA.

4.3 Transportation of Equipment and Materials

The Subcontractor shall transport all equipment and materials to the job site at its own expense. Subcontractor shall be responsible for minimizing any interference with local traffic or FRA operations.

The Subcontractor shall provide and pay for installation of temporary heating facilities, fuel, protective coverings and enclosures as necessary to protect the work. Coal or kerosene type salamanders, pots and open fires will not be permitted.

4.6 Temporary Lighting and Ventilation

The Subcontractor shall install and maintain temporary lighting and ventilation throughout the project to an extent that permits craftsmen to work without compromise of safe working conditions.

4.7 Water and Sanitation

Industrial water (non-potable) is available at hydrants adjacent to the site. See the FRA Service Coordinator for arrangements for their use. Domestic water (potable) is not available for drinking purposes. Subcontractor will be required to furnish drinking water and portable sanitation facilities for his employees.

4.8 Hazardous Materials

Any substance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating or otherwise harmful, or is likely to cause death or injury shall be considered a hazardous material. The use of hazardous material shall be identified in the Subcontractor’s HA and approved by the FRA Service Coordinator before use, disposal shall comply with the bid documents and coordinated with FRA’s Service Coordinator.

1. A written copy of their confined space entry program and permit.

Training records for entrants, attendants, and supervisors.

Evidence that all air monitoring equipment is properly calibrated.

The Subcontractor must provide all required PPE to its employees and monitor the worksite to assure employees are wearing the required PPE. PPE must be in accordance with ANSI, OSHA, and NFPA 70E.

4.12 Burning/Welding/Brazing/Spark Producing

A permit is required before a Subcontractor may burn/weld. The Service Coordinator will contact the Fermilab Fire Department (FFD) and secure a Burn permit. Information concerning the burning/welding permit is listed below:

1. The FRA Service Coordinator will contact the Fermilab Fire Department (FFD) and secure the Burn Permit;

Open burning, fire barrels, coal or kerosene type salamanders, or open flame heating devices that have exposed fuel below the flame are not allowed on the Fermilab site. The following sets forth the minimum acceptable requirements for temporary heating devices at Fermilab:

The following sets forth the minimum acceptable requirements for work on electrical systems at Fermilab:

The following sets forth the minimum acceptable requirements for oxygen deficient hazard (ODH) work at Fermilab:

The following sets forth the minimum acceptable requirements for radiation protection at Fermilab:

All work on the Fermilab site shall comply with all applicable environmental executive orders, laws, regulations, and permits. All Subcontractors and sub-subcontractors shall conduct their activities in an environmentally sound manner that limits the risks to the environment and protects the public health. The following sets forth the minimum acceptable requirements for environmental protection at Fermilab:

Smoking is prohibited in locations where flammable and/or combustible materials are stored. “No smoking” signs shall be posted in these areas. Smoking is prohibited in all Fermilab buildings except in designated areas.

The following sets forth the minimum acceptable requirements for vehicles and equipment at Fermilab:

The use of explosives is not permitted without prior written approval of the FRA Director or his designee

4.22 Vehicles and Equipment

The following sets forth the minimum acceptable requirements for vehicles and equipment at Fermilab:

1. The Subcontractor must inspect all heavy equipment before use on site, prior to use on each shift, and during use to make sure it is in safe operating condition. Defective equipment shall be removed from service;

The Subcontractor is to assure that regulatory inspection records are complete and up-to-date and that operating manuals are available;

In no case shall the original safety factor of the equipment be reduced.

The Fermilab site is closed for major holiday and no construction activities shall occur on these days:

New Year’s Day – January 1st Martin Luther King Jr. Day – 1st Monday after January 15th Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – 1st Monday in September Thanksgiving Day – 4th Thursday in November Day After Thanksgiving – Friday after Thanksgiving Christmas Eve (1/2 Day) – December 24th Christmas Day – December 25th New Year’s Eve (1/2 Day) – December 31st If any these holidays occur on a weekend day, a weekday will be used for the holiday.

Exhibit A

Attachment A Environment, Safety, and Health Certification (ESHC)

FOR ALL EMERGENCIES CALL:

Fermilab Emergency Contact number: x3131 - or - (630) 840-3131 from a cell phone.

For all incidents, injuries, property damage, near-misses, work-induced illness or chemical over-exposures, the Service Coordinator or Point of Contact MUST be immediately contacted upon scene stabilization, but in all cases within one hour

ACKNOWLEDGMENT of 10 CFR 851

As a Subcontractor to FRA, while your workers are physically located at FERMILAB you must meet the requirements of Title 10, Code of Federal Regulations, “Energy”, Part 851, “Worker Safety and Health Program”. As such, you must be aware of, and comply with, the requirements of this regulation. (Link to 10 CFR 851)

MEDICAL SURVEILLANCE AND QUALIFICATION

If yes, you will need to:

Comply with the occupational medicine requirements of 10 CFR 851, Appendix A Provide your occupational medicine provider contact information. FRA has identified five medical facilities on the attached map. Highlight the facility to be used, or identify and map an alternate. Post the map at the job site and annotate the address for the designated facility on the map.

|_| Substance Abuse Testing List specific task(s) requiring medical surveillance

FRA has identified five medical facilities. Please highlight the facility to be used, or identify and provide a map of an alternate selected place. Annotate address for designated facility.

If a different location then above, provide a map and address of the subcontractor’s occupational medical facility Hospital Route and attached to the back of this Project Plan and posted at the work site.

Attachment B - High Risk Level Requiring Hazard Analysis

· Work in “Radiological Areas”* (FRCM Article 322)

· Potential for spills

· Employees entering excavation/trench that is > 4 feet in depth

· Potential to generate hazardous waste

· Potential for release of petroleum, fuel oil, oil refuse, and oil mixed with wastes (FESHM 8030 & 8031)

· Working on cryogenic systems

· Working with vacuum vessels (FESHM 5033)

· Work requiring welding, brazing, or open flames*

· Potential for inadvertent startup of equipment

· Potential for unexpected release of energy (hydraulic, pneumatic, thermal, potential, etc.) where lockout/tag out is required.

· Potential for job-induced alertness reduction (e.g., long hours, short deadlines) image1.png image2.jpeg