SD.I.10061-M-1_Appendix_E.pdf

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Appendix E

SD.I.10061-M-1

Contractor Safety

TABLE OF CONTENTS

1. Purpose…………………………………………………….......... E-1

2. Scope…………………………………………………………….. E-1

3. Roles and Responsibilities…………………………………….. E-1

4. Specific Contractor Requirements……………………………. E-1

5. Contracting Officer’s Representative’s Requirements……… E-4

6. Supersession………………………………………………….. E-5

7. Effective Date……………………………………………………. E-5

8. Definitions………………………………………………………... E-5

9. References…………………………………………………........ E-5

1. Purpose. This appendix addresses safety requirements for contractors. It addresses roles and responsibilities of the USIBWC contracting officer, Contracting Officer’s Representative and contractors conducting work for USIBWC. It addresses

2. Scope. The requirements of this section apply to USIBWC Contracting Officers, Contracting Officer’s Representatives and contractors.

3. Roles and Responsibilities

A. USIBWC Contracting Officer

• Enters into, administers, and/or terminates contracts and makes related determinations and findings.

• Includes provisions for coordination with the safety and health requirements in the terms and conditions of all contracts, subcontracts, and supply contracts.

• Delegates limited authority to the Contracting Officer’s Representative.

B. USIBWC Contracting Officer’s Representative

• Operates within limited authority given by the Contracting Officer.

• Provides to contractors technical direction, government-furnished property and other resources, property administration, inspection, approval of shop drawings, testing, approval of samples, and other functions of a technical and/or administrative nature not involving a change in the scope, price, or

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C. Contractor

• Complies with all relevant OSHA regulations.

• Meets or exceeds USIBWC safety related terms and conditions stipulated on the contract.

• Ensures safe work performance of employees and subcontractors at jobsites and offsite activities, equipment, and facilities that primarily support the contract work.

• Removes employees who refuse or repeatedly fail to comply with safe work practices and standards, or supervisors who fail to enforce compliance, from the associated work assignments.

4. Specific Contractor Requirements

A. Certification Requirements. The manufacturer or a professional engineer (PE) must certify that the design of major or critical facilities, equipment, support structures, or systems, embankments, shoring systems, and formwork (falsework) is structurally suitable for the intended use. This certification must be in writing and submitted to the Contracting Officer’s Representative (COR) before construction or use of such facilities, equipment, or support systems.

B. Required Safety Programs.

(1) The contract shall specify the minimum required safety programs that the contractor needs to have in place.

(2) Unless adequately covered in the original plan, the contractor must submit a supplementary detailed plan before starting each major phase of work or when requested by the COR.

(3) Onsite work must not begin until the COR has accepted the program or appropriate supplementary submittals. Initial and supplementary submittals must include a timetable for completing required, detailed, activity hazard analysis (AHAs).

(4) Accepting contractor initial and supplementary programs only signifies that the contractor has provided adequate documentation to perform the work safely.

It does not relieve the contractor of the responsibility for providing employees with a safe and healthful work environment or compliance with stated requirements and applicable specification paragraphs.

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C. Required Meetings.

Required meetings shall be specified by the contract or by the COR. Required meetings include, but are not limited to the following examples:

• Contractor Safety Program Review.

• Joint Safety Policy Meeting.

• Supervisory Safety Meetings.

• Tool Box Safety Meetings.

D. Safety and Health Professional Support. When the contract does not require the services of a full-time safety professional, the contractor must designate, in writing, a competent supervisory employee, acceptable to the COR, to administer the safety program. However, if the CO considers the contractor's safety effort inadequate, the CO may require the contractor to employ a full-time qualified safety professional in place of a safety representative. These standards make further provisions for using safety and health specialists where special or technical expertise is required.

E. Required Inspections. The contractor must ensure competent employees conduct frequent and regular (at least weekly) safety inspections of the worksites, materials, and equipment. The contractor must maintain detailed written inspection records and make them available for review by the COR. The contractor must prohibit the use of any machinery, tool, material, or equipment that is not safe and/or does not comply with applicable requirement of these standards. The contractor must identify such machine, tool, material, or equipment as unsafe, by tagging or locking the controls to make them inoperable or by physically removing it from its place of operation.

F. Accident and Incident Investigating and Reporting.

(1) The contractor shall report accidents and incidents immediately to the COR and appropriate contractor personnel.

(2) The contractor is responsible for providing and obtaining appropriate medical and emergency assistance and notifying the coroner, fire and law enforcement agencies, the Occupational Safety and Health Administration, and family members.

(3) Except for rescue and emergency measures, do not disturb the scene of the accident or incident, and do not resume the operation until authorized by COR. The contractor must assist and cooperate fully with the COR in conducting the investigations of the accident/incident and ensure availability of all information, personnel, and data pertinent to the investigation.

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(4) When ordered by the COR, the contractor must conduct a separate and complete independent investigation of the accident or incident and submit a comprehensive report of findings and recommendations to the COR.

(5) The contractor must arrange, and be financially responsible for, the independent investigation and any equipment or material inspections or tests, or diagnostic studies required by the Government or contractor investigators..

(6) The contractor must report non-serious accidents or incidents immediately to the contractor's supervisor delegated authority to arrange for medical assistance and to investigate the accident or incident. After arranging for required medical assistance, the responsible supervisor must investigate the accident/incident. Within 3 working days following the accident, the contractor must submit to the COR a completed accident report for all personal injuries, and a comprehensive narrative report for property damage accidents.

(7) The contractor must report potentially serious accidents or incidents immediately to the COR. The contractor's involved equipment and worksite must remain secured until the contractor has completed a comprehensive investigation, acceptable to the COR, and the COR has given permission to resume work. Within 5 days following the investigation, the contractor must submit a detailed, written investigation report to the COR.

5. Contracting Officer’s Representative’s Requirements

A. The Contracting Officer’s Representative shall perform the following:

(1) Read and understand their letter of designation from the Contracting Officer.

Keep a copy of this designation on file.

(2) Understand the limits of the COR’s authority and do not exceed them.

(3) Have a copy of the contract and all changes and modifications readily available. Understand the safety related aspects of the contract and the contractor’s safety related responsibilities.

(4) Document task assignments, instructions, or technical directions to the contractor.

(5) Use clear and accurate language in all correspondence with the contractor.

(6) Give prompt attention to correspondence (voice mail, E-mail, etc.) from the contractor that requires your action, approval, or signature.

(7) Have the contractor respond to correspondence in a timely manner.

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(8) Keep the contracting officer fully informed of any safety related problems with the contractor’s performance.

B. The COR shall not:

(1) Exceed their authority as expressed in their letter of designation.

(2) Redelegate any COR authority.

(3) Neglect to document significant actions, meetings, inspections, conversations, etc. as they occur.

(4) Permit the contractor to proceed on work outside the scope of the contract.

6. Supersession. This program supersedes USIBWC Directive, Volume IV, Chapter 701-020 dated September 1, 2000, Construction Safety Management.

7. Effective Date. The provisions of this program are effective upon the date of issuance.

8. Definitions

A. Contract. A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing.

B. Contracting Officer’s Representative. A USIBWC government employee designated by the contracting officer to act as an authorized representative for such functions as providing to contractors technical direction, government-furnished property and other resources, property administration, inspection, approval of shop drawings, testing, approval of samples, and other functions of a technical and/or administrative nature not involving a change in the scope, price, or conditions of the contract or order.

C. Contracting Officer. The USIBWC government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

D. Subcontract. A contract, awarded by the prime contractor or lower tiered subcontractor calling for the performance of work, or for the making or furnishing of any material, requiring for the performance of any one or more prime contracts.

E. Subcontractor. Any supplier, distributor, vendor, or firm which furnishes supplies or services to or for a prime contractor or another subcontractor.

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9. References.

A. OSHA regulation 29 CFR Part 1926, Safety and Health Regulations for Construction.

B. U.S. Army Corp of Engineers Safety Manual, EM 385 1-1.

C. Federal Acquisition Regulations.

Approved:

///Original Signed/// February 01, 2012 Carlos Pena, P.E. Operations Date for Edward Drusina, P.E.

Commissioner