9-Worksite Safety Policy.pdf

Harris County, Texas

Commissioners Court

Request for Court Action

1001 Preston St., 1st Floor Houston, Texas 77002

File #: 26-0792 Agenda Date: 1/29/2026 Agenda #: 296.

Primary Department: County Administration Primary Department Head/Elected Official: Jesse Dickerman, Interim County Administrator

Secondary Department: N/A Secondary Department Head/Elected Official: N/A

Regular or Supplemental RCA: Supplemental RCA Type of Request: Policy

Project ID (if applicable): N/A Vendor/Entity Legal Name (if applicable): N/A

MWBE Contracted Goal (if applicable): N/A MWBE Current Participation (if applicable): N/A Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request

Grant Indirect Costs Rate (if applicable): N/A Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item

Request Summary (Agenda Caption):

Request by the Office of County Administration for approval of updates to the Worksite Safety Policy, part of the Harris County Construction Project Safety Policy.

Background and Discussion:

On November 13, 2025, Commissioners Court approved the Harris County Construction Project Safety Policy, which included a revised Contractor Safety Record Policy and a new Worksite Safety Policy. Per Section 1.4.2 of the Worksite Safety Policy (“Policy”), the County will submit final proposals for Commissioners Court’s consideration by February 1, 2026, regarding the topics in the following sections:

o Section 11.3.2: Right of Action for Retaliated Workers o Section 13.1: Progressive Discipline o Section 13.2: Liquidated Damages

In accordance with the Policy, the Office of County Administration engaged with Commissioners Court staff, the County Attorney’s Office, the Department of Economic Equity & Opportunity (DEEO), the Office of the

County Engineer, the Harris County Flood Control District, the Harris County Toll Road Authority, and external stakeholders to discuss the above topics and develop draft proposals for Commissioners Court’s consideration.

DEEO convened the Worksite Safety Committee (which was established by the Worksite Safety Policy) to

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File #: 26-0792 Agenda Date: 1/29/2026 Agenda #: 296.

discuss these topics as well.

Expected Impact:

Approval of these proposals by Commissioners Court will enable the County to incorporate and implement enforcement components of the Worksite Safety Policy.

Alternative Options:

Delay of approval of the updated Worksite Safety Policy would hinder enforcement of the policy.

County Strategic Plan Goal: 3. Make our economy more inclusive.

County Strategic Plan Objective: L: Foster more living-wage jobs that ensure worker safety, benefits, and stability across all educational levels.

Justice/Safety Initiative (Goal 1): N/A Infrastructure Initiative (Goal 2): N/A Economy Initiative (Goal 3): L2: Further expand and enforce contractor worker safety policy/standards.

Health Initiative (Goal 4): N/A Climate/Resilience Initiative (Goal 5): N/A Housing Initiative (Goal 6): N/A

Additional notes related to the Strategic Plan: N/A

Prior Court Action (if any):

Date Agenda Item # Action Taken

1/8/26 120 Approval of 23 positions within the Office of the County Engineer to support the newly approved Harris County Safety Record Policy.

1/8/26 133 Approval of 12 positions within the Flood Control District to support the newly approved Harris County Safety Record Policy.

1/8/26 308 Transmittal by the Office of County Administration of an update regarding preparation for implementation of the Harris County Worksite Safety Policy.

11/13/25 4 Approval of a Harris County Construction Project Safety Policy, which includes (1) a revised Contractor Safety Record Policy and (2) a Worksite Safety Policy.

10/16/25 543 To direct the Office of County Administration, in partnership with Engineering Department, Toll Road, Flood Control District, Department of Economic Equity and Opportunity, Purchasing Agent, County Attorney’s Office, and Court Offices, to return to Commissioners Court on November 13, 2025, with a countywide Worksite Safety Policy establishing uniform standards for all County construction projects. At a minimum, this policy shall: incorporate feedback from labor and industry stakeholders; be modeled after evidence-based best practices from peer counties, labor and other organizations; be designed to reduce worksite injuries and improve worker protection; establish clear safety, monitoring, and inspection standards; and include training and enforcement mechanisms to ensure compliance.

1/9/25 299 To direct the Department of Equity and Economic Opportunity to form a working group with Purchasing, Engineering, County Attorney’s Office, Flood Control, the Toll Road Authority, and any other relevant departments and key stakeholders including labor and contractors to develop a set of policy revisions to the Contractor Safety Record Policy and return to Court with the proposed revisions by May 2025, and that the policy go through a biannual review.

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Date Agenda Item # Action Taken

1/8/26 120 Approval of 23 positions within the Office of the County Engineer to support the newly approved Harris County Safety Record Policy.

1/8/26 133 Approval of 12 positions within the Flood Control District to support the newly approved Harris County Safety Record Policy.

1/8/26 308 Transmittal by the Office of County Administration of an update regarding preparation for implementation of the Harris County Worksite Safety Policy.

11/13/25 4 Approval of a Harris County Construction Project Safety Policy, which includes (1) a revised Contractor Safety Record Policy and (2) a Worksite Safety Policy.

10/16/25 543 To direct the Office of County Administration, in partnership with Engineering Department, Toll Road, Flood Control District, Department of Economic Equity and Opportunity, Purchasing Agent, County Attorney’s Office, and Court Offices, to return to Commissioners Court on November 13, 2025, with a countywide Worksite Safety Policy establishing uniform standards for all County construction projects. At a minimum, this policy shall: incorporate feedback from labor and industry stakeholders; be modeled after evidence-based best practices from peer counties, labor and other organizations; be designed to reduce worksite injuries and improve worker protection; establish clear safety, monitoring, and inspection standards; and include training and enforcement mechanisms to ensure compliance.

1/9/25 299 To direct the Department of Equity and Economic Opportunity to form a working group with Purchasing, Engineering, County Attorney’s Office, Flood Control, the Toll Road Authority, and any other relevant departments and key stakeholders including labor and contractors to develop a set of policy revisions to the Contractor Safety Record Policy and return to Court with the proposed revisions by May 2025, and that the policy go through a biannual review.

Location:

Address (if applicable): N/A Precinct(s): Countywide

Fiscal and Personnel Summary

Service Name

Current Fiscal Year Cost Annual Fiscal Cost

Labor Non-Labor Total Recurring Expenses

Funding Sources

Existing Budget

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Total Existing Budget $ $ $ $

Additional Budget Request (Requires Fiscal Review Request Form)

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Total Additional Budget Request$ $ $ $

Total Funding Sources $ $ $ $

Grants - Proposed Budget (For Grants Items only)

Labor Non-Labor Total No. of Grant Years

Local Match Source - Existing Budget:$ $ $

Local Match Source - Additional Budget Request:$ $ $

Grant Funds Applied for/Awarded (Total)$ $ $

Personnel (Fill out section only if requesting new PCNs)

Current Position Count for Service- - - -

Additional Positions Request - - - -

Total Personnel - - - -

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Fiscal and Personnel Summary

Service Name

Current Fiscal Year Cost Annual Fiscal Cost

Labor Non-Labor Total Recurring Expenses

Funding Sources

Existing Budget

Choose an item. $ $ $ $

Choose an item. $ $ $ $

Choose an item. $ $ $ $

Total Existing Budget $ $ $ $

Additional Budget Request (Requires Fiscal Review Request Form)

Choose an item. $ $ $ $

Choose an item. $ $ $ $

Choose an item. $ $ $ $

Total Additional Budget Request$ $ $ $

Total Funding Sources $ $ $ $

Grants - Proposed Budget (For Grants Items only)

Labor Non-Labor Total No. of Grant Years

Local Match Source - Existing Budget:$ $ $

Local Match Source - Additional Budget Request:$ $ $

Grant Funds Applied for/Awarded (Total)$ $ $

Personnel (Fill out section only if requesting new PCNs)

Current Position Count for Service- - - -

Additional Positions Request - - - -

Total Personnel - - - -

Anticipated Court Date: 1/29/2026 Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.

Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item

Contact(s) name, title, department: Jesse Dickerman, Interim County Administrator

Attachments (if applicable): Updated Harris County Construction Project Safety Policy, which includes (1) the Contractor Safety Record Policy and (2) a revised Worksite Safety Policy

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To approve the proposed updated Harris County Safety Policies for Construction Projects, with the exception of Section 13.3 of Worksite Safety Policy, and to direct the Worksite Safety Committee to return with policy recommendations for progressive discipline that include defined stages of enforcement and disciplinary tools proportionate to the severity of violations to DEEO and Court offices by May 1, 2026, for review, with a final recommendation to Commissioners Court at the time of the policy’s annual review on August 6, 2026.

To approve Item 296 as amended.

1st Motion

2nd Motion

HARRIS COUNTY SAFETY POLICIES

FOR CONSTRUCTION PROJECTS

APPROVED: November 13, 2025

Table of Contents

I. Contractor Safety Record Policy II. Worksite Safety Policy

PART 1: Contractor Safety Record Policy

Construction Projects Under Contract with Harris County, Texas

Effective Date: February 1, 2026

TABLE OF CONTENTS

1. FINDINGS

2. PURPOSE

3. SCOPE, APPLICABILITY, AND EFFECTIVE DATE

4. DEFINITIONS

5. CERTIFICATION REQUIREMENTS

6. ADMINISTRATION

7. COMPLAINTS

8. RECORDKEEPING, NON-COMPLIANCE, AND ENFORCEMENT

9. APPEALS

10. MISCELLANEOUS

SAFETY RECORD QUESTIONNAIRE

A. SAFETY RECORD QUESTIONNAIRE FOR PRIME CONTRACTORS

B. SAFETY RECORD QUESTIONNAIRE FOR SUBCONTRACTORS

SECTION 1: FINDINGS

Whereas, more than 5,000 working people are killed on the job every year, and nearly three million suffer a serious injury or illness;

Whereas, a serious injury or workplace fatality takes an enormous emotional and physical toll on workers, their families, and their communities;

Whereas, the total cost of work injuries in 2020 was $163.9 billion, including, but not limited to, wage and productivity losses of $44.8 billion, medical expenses of $34.9 billion, and administrative expenses of $61.0 billion;

Whereas, the total days lost due to work-related injuries in 2020 was 99,000,000, including 65,000,000 days lost due to injuries that occurred in 2020 and 34,000,000 days lost to injuries that occurred in previous years;

Whereas, safety programs result in higher productivity and employee morale, lower insurance cost, and lower employee turnover;

Whereas, this policy will substantially improve the quality of Harris County construction projects by reducing direct and indirect costs, minimizing employee absences and other time lost as a result of injury, and increase productivity;

Whereas, proactive safety and health programs are an effective way to prevent workplace injuries, illnesses, and deaths, and also reduce the costs of doing business;

Whereas, this policy will result in higher quality work; and

Whereas, Texas Government Code Chapter 2269 and Texas Local Government Code Chapter 262 authorize Harris County to take the action outlined in this policy.

SECTION 2: PURPOSE

The Harris County Contractor Safety Record Policy (the “Safety Record Policy” or “Policy”) is adopted by Harris County Commissioners Court to ensure that Harris County engages prime contractors and subcontractors that prioritize the health and safety of th eir workers. The Safety Record Policy is the result of two Harris County Commissioners Court Orders, dated August 27, 2019, and January 25, 2022, requiring a policy recommendation to implement the consideration of Harris County contractor safety records in awarding contracts.

SECTION 3: SCOPE, APPLICABILITY, AND EFFECTIVE DATE

This Policy applies to prime contractors as well as subcontractors for all contracts that (1) are for construction, rehabilitation, expansion, reconstruction, or maintenance work (2) have a total contract value of at least $500,000 and, for subcontracts, a contract value of at least $50,000; (3) and are not exempted by this Section. Prime contractors must include in all contracts with https://injuryfacts.nsc.org/glossary/ https://injuryfacts.nsc.org/glossary/ https://injuryfacts.nsc.org/glossary/ https://injuryfacts.nsc.org/glossary/ https://injuryfacts.nsc.org/glossary/ subcontractors binding provisions that flow down Harris County’s requirements of prime contractors in the Policy onto their respective subcontractors. Prime contractors must fully apply these binding contractual provisions to subcontractors, including, but not limited to, terminating subcontractor relationships for noncompliance.

The following types of contracts are exempt from this policy:

• Interlocal Government Agreements

• Cooperative Purchasing Agreements

• Emergency Contracts

• Contracts for purchases of goods and services considered to be ancillary to the purchases of goods. A business entity that only supplies goods (bricks, paper, fuel, office supplies, tools, clothing, food, etc.,) and such transportation services as may be incident to delivering those goods to County Property (including the use of common carriers (e.g., truck drivers)) is considered a “Supplier” and Suppliers are not subject to the Safety Record Policy.

• Contracts for the sale of County Property or Goods

• Contracts paid for using funds where condition of those funds is that this policy’s application is prohibited

• Contracts procured under the discretionary exemptions found in Texas Local Government

Code § 262.024

• Services procured under Texas Government Code § 2254 (Professional and Consulting

Services)

• Contracts expressly waived by Harris County Commissioners Court if determined to be necessary

The evaluation of contractor safety violations shall include any OSHA findings or citations, regardless of location.

This policy does not limit, or impact in any way, the County’s ability to consider in the manner it deems appropriate any relevant factor specifically listed in any particular request for bids, proposals, or qualifications.

SECTION 4: DEFINITIONS

1. “County” means Harris County, Texas, a political subdivision organized and existing under the laws of the State of Texas. For the purpose of the Policy, and for avoidance of doubt, construction work done by the “County” includes work done by all County departments, Harris County Flood Control District, Harris County Toll Road Authority, as well as all Precinct-led construction projects.

2. “Contractor” or “Prime Contractor” means any individual, firm, or other entity contracted to provide services to the County under a County contract. This definition applies to regional subdivisions of national and international companies.

3. “Contractor Employee” means a full-time, part-time, temporary or seasonal employee of the Prime Contractor or any Subcontractor who are Directly Assigned to the Contract.

4. “Directly Assigned” means a Contractor Employee who provides services to the County under a contract between a Contractor and the County, which includes:

• the Contractor Employee is named in the Contractor’s contract with the County;

• the Contractor Employee is named or is uniquely identified in a deliverables document from the Contractor; or

• any other evidence that reasonably establishes the Contractor Employee’s relationship to the Contractor’s contract with the County; for example, payroll records.

5. “Goods” means physical items sold to the County by the Contractor, such as bricks, paper, fuel, office supplies tools, clothing, food, etc.

6. “Services” means work or labor performed by Contractor Employees.

7. “Subcontractor” means any individual, firm or entity engaged by the Contractor (including Subcontractor to Sub-subcontractor regardless of tier) to perform any element of the contract between the County and the Contractor.

SECTION 5: CERTIFICATION REQUIREMENTS

The Harris County Commissioners Court desires to avail itself of the benefits of §262.0275 of the Texas Local Government Code and §§ 2269.055 and 2269.056 of the Texas Government Code and consider the offeror’s experience and reputation, the quality of the offeror’s goods or services, the offeror’s safety record, the offeror’s proposed personnel, and any other relevant factor specifically listed in the request for bids, proposals, or qualifications by adopting the Safety Record Policy. The County will evaluate Contractors and Subcontractors through the Safety Record Questionnaire that is found within the Safety Record Policy.

The bid/proposal/qualification requirements for each County contract that is impacted by this policy will include a safety record questionnaire. Under the Safety Record Policy, the Contractor must certify each of the items on that questionnaire (which is provided below) and submit the certification with its materials to be considered for the work. Subcontractors must certify each of the items on their questionnaire (which is also provided below) and submit the certification to the Contractor. The Contractor or Subcontractor is not required to provide supporting documentation to the County unless the County specifically requests it.

The Contractor/Subcontractor will be required to certify the following conditions:

1. The Contractor/Subcontractor has not been listed on OSHA’s Severe Violator Enforcement Program (SVEP) Log at any time within the three (3) years preceding the date of this certification;

2. The Contractor/Subcontractor has not been sanctioned with an OSHA Citation and Notification of Penalty classified as one of the following types (if the OSHA Citation is contested,1 then its classification is based on the Settlement with OSHA or OSHA Final Order) within the twenty-four (24) months preceding2 the date of this certification:

(1)“Serious” with a Gravity3 finding of “High”; and (2) “Posting Requirements” with a Gravity finding of “High”;4

3. The Contractor/Subcontractor has not been sanctioned with an OSHA Citation and

Notification of Penalty classified as one of the following types (if the OSHA Citation is contested5, then its classification is based on the Settlement with OSHA or OSHA Final Order) and within three (3) years preceding6 the date of this certification:(1)“Willful or Repeated”; and (2) “Failure to Abate”; and/or,

4. The Contractor/Subcontractor (i.e., the company itself, not the company’s employees) has not been convicted of a criminal offense within the past ten (10) years in connection with a workplace incident that resulted in serious bodily harm or death;

5. Each of the Contractor/Subcontractor’s employees that will be doing manual work on the

1 If the OSHA Citation is contested, no sanction under this policy will apply until the matter is resolved; as such, the bidder may truthfully represent that it has never been sanctioned with an OSHA Citation that would otherwise fall within the certification language during the pendency of the contest. If the contest does not result in a change to the sanction and the sanction continues to fall within the certification language, then the bidder must immediately notify Harris County that the contest was unsuccessful. Harris County is also under no obligation to award the bid to said bidder whether the contest is successful or not.

2 The Issuance Date of the Citation and Notification of Penalty is the relevant date when calculating the twenty-four (24) months preceding.

3 “Gravity” is used in this policy as it is explained in the most recent OSHA Field Operations Manual, as determined by the relevant OSHA Information System (OIS) code. The Policy does not depend on the monetary amounts of the penalties assessed by OSHA in association with citations.

4 As noted in Section III, this policy does not limit, or impact in any way, the County’s ability to consider in the manner it deems appropriate any relevant factor specifically listed in any request for bids, proposals, or qualifications. Thus, for example, even though this policy does not deem as nonresponsive bidders with OSHA violation types that are not listed, or requires certain thresholds with regard to “Serious” or “Posting Requirement” type of violations, the County may still consider any OSHA violation type, Severity finding, or Probability finding in the scoring of bids, proposals, or qualifications as specified in the bid, proposal, or qualification request documents.

5 If the OSHA Citation is contested, no sanction under this policy will apply until the matter is resolved; as such, the bidder may truthfully represent that it has never been sanctioned with an OSHA Citation that would otherwise fall within the certification language during the pendency of the contest. If the contest does not result in a change to the sanction and the sanction continues to fall within the certification language, then the bidder must immediately notify Harris County that the contest was unsuccessful. Harris County is also under no obligation to award the bid to said bidder whether the contest is successful or not.

6 The Issuance Date of the Citation and Notification of Penalty is the relevant date when calculating the three

(3) years preceding.

project or other work that directly impacts workplace safety is OSHA 10 certified prior to starting work on the job site.

6. Each of the Contractor/Subcontractor’s managers who manage at least one employee that will be doing manual work on the project or other work that directly impacts workplace safety, is OSHA 30 certified prior to starting work on the job site.

7. Contractor/Subcontractor will not require their managers or employees to pay for training associated with their OSHA 10 or OSHA 30 certification;

8. The Contractor/Subcontractor will compensate its managers and employees at their normal hourly rate for time spent obtaining their OSHA 10 or OSHA 30 certification; and

9. The Contractor/Subcontractor will provide access to all records, and take whatever steps necessary (e.g., obtain and disclose Gravity findings from OSHA with respect to an OSHA citation, waive any confidentiality (only to the extent necessary to comply wit h the Policy), etc.), to demonstrate compliance with the requirements of the Policy.

If the Contractor/Subcontractor fails to certify that it has met the above requirements, the County will deem the company’s bid nonresponsive. If every question on the certification is not marked “True,” a response to a question in the Safety Record Questionnaire is found to be false, the bid will be deemed nonresponsive. This determination will disqualify the Contractor/Subcontractor from only the bid at issue—the entity will not be prohibited from bidding on other County projects.

SECTION 6: ADMINISTRATION

The Harris County Purchasing Department (“Purchasing”) will administer all solicitation instructions, contract clauses, and compliance requirements before the award is made. Once the award is made, the Harris County Department of Economic Equity and Opportunity (“DEEO”) in conjunction with the Harris County Department overseeing the contract at issue will administer all remaining aspects of the Policy, including setting forth rules, regulations, and additional guidance to give effect to the Policy, including monitoring compliance with this policy and informing County Departments of findings as needed.

SECTION 7: COMPLAINTS

Complaints of noncompliance with this policy should be submitted in writing, via mail or email, to the DEEO at:

Attn: Assistant Director Stakeholder Engagement and Strategic Programs Harris County Department of Economic Equity and Opportunity

1010 Lamar St., Ste. 300 Houston, Texas 77002

Compliance@eeo.hctx.net mailto:Compliance@eeo.hctx.net

The written complaint must contain the name of the complainant and a brief description of the alleged noncompliance with this policy. The DEEO will notify the Contractor/Subcontractor that a complaint has been submitted and provide the Contractor/Subcontractor an opportunity to respond (with supporting documentation). The DEEO will determine whether the Contractor/Subcontractor is in noncompliance and notify the Contractor/Subcontractor and the complainant.

DEEO shall notify the parties involved (including the complainant) of its findings not later than the 60th day after receipt of the complaint. If the noncompliance determination is made, Purchasing (before the award), the DEEO, and/or the County Attorney’s Office shall have the authority to pursue any and all remedies as described in Section VIII and the Contractor/Subcontractor shall have the right to appeal set forth in Section IX below.

Employees, contractors, and stakeholders are encouraged to report any unsafe practices, hazards, or violations of safety policies without fear of retaliation. All reports will be treated confidentially to the extent possible, and no individual who in good faith reports a safety concern will suffer adverse employment action, disciplinary measures, or any form of retaliation.

Reports can be made through via mail or email, to the DEEO at Compliance@eeo.hctx.net. The County is committed to promptly investigating all reported concerns and taking appropriate corrective action to ensure a safe work environment.

SECTION 8: RECORDKEEPING, NON-COMPLIANCE, AND

ENFORCEMENT

Contractors (not subcontractors) shall maintain all records, reports, and other documents or items that demonstrate compliance with the requirements of the Policy, including, but not limited to, all documents that demonstrate that subcontractors meet the requirements of this policy. Contractors shall ensure Harris County has access to all records, reports and other documents or items of contractor and/or subcontractors that are maintained to demonstrate compliance with the requirements of this policy.

Harris County may conduct compliance reviews before the award of contracts or whenever it deems it necessary after the award of the contract. Documentation must be provided within ten (10) business days of the request. Upon request, the awarded vendor must also submit OSHA 300 and 300A logs for the past three years. If every question on the certification is not marked “True”, or a response to a question in the Safety Record Questionnaire is found to be false, the bid will be deemed nonresponsive.

Contractors found to have violated the requirements of the Policy during the term of their contract with the County, shall be subject to:

A. Remedies set forth in their contract with the County, up to and including withholding payment under the contract or contract termination;

mailto:Compliance@eeo.hctx.net

B. Negative impact on submissions of future County solicitations and possibly denial of award of a contract;

C. Probation, suspension, or debarment in accordance with applicable County policies;

D. Damages, including compensating Contractor’s Employees the amount(s) found to be owed to these individuals under the County Contract; and/or

E. The County pursuing all options available under the law. 7

SECTION 9: APPEALS

A Contractor or Subcontractor may appeal a finding of a violation of the Policy to the following authority:

• Pre-Contract Award: To the DEEO

• Post-Contract Award: To Purchasing

SECTION 10: MISCELLANEOUS

A. Nothing in this order shall be construed to impair or otherwise affect:

a. The authority granted by law to a Harris County Department, or the head thereof; or

b. The functions of the County Administrator or the Office of Budget Management relating to budgetary, administrative, or legislative proposals;

B. This policy shall be implemented consistent with applicable law and subject to the availability of appropriations; and

C. The Policy is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the County, its

7 If the OSHA Citation is contested, no sanction under this policy will apply until the matter is resolved; as such, the bidder may truthfully represent that it has never been sanctioned with an OSHA Citation that would otherwise fall within the certification language during the pendency of the contest. If the contest does not result in a change to the sanction and the sanction continues to fall within the certification language, then the bidder must immediately notify Harris County that the contest was unsuccessful. Harris County is also under no obligation to award the bid to said bidder whether the contest is successful or not.

If an OSHA Citation is contested, no sanctions under this policy apply until it is resolved. During that time, the bidder may truthfully state it has not been sanctioned under the certification language. The bidder must notify Harris County within ten (10) business days of the OSHA decision and provide documentation of the outcome. Harris County is not obligated to award the bid, regardless of the result.

departments, agencies, or entities, its officers, employees, agents, or any other person.

Version History

• The original version of this policy was adopted by Harris County Commissioners Court on January 10, 2023.

• Version 2 of the policy was adopted on November 13, 2025, to be effective for solicitations released after February 1, 2026.

SAFETY RECORD QUESTIONNAIRE

PART A – SAFETY RECORD QUESTIONNAIRE FOR PRIME CONTRACTORS

(Part A must be submitted by prime contractor with its bid)

Pursuant to Harris County’s Safety Record Policy, this certification must be submitted in conjunction with this bid, as the project for which your company is bidding (1) for construction, rehabilitation, expansion, reconstruction, or maintenance work; (2) have a total contract value of at least $500,000 and, for subcontracts, a contract value of at least $50,000; (3) and are not exempted from the Safety Record Policy.

If every question on the certification is not marked “True,” or a response to a question in the Safety Record Questionnaire is found to be false, the bid will be deemed nonresponsive.

This determination will disqualify your company from only this bid—your company is not prohibited from bidding on other County projects.

CERTIFICATION ONE

The Contractor, or the firm, corporation, partnership, or institution represented by the Contractor, or anyone acting for such firm, corporation, partnership or institution, has not been listed on OSHA’s Severe Violator Enforcement Program (SVEP) Log at any time within the three (3) years preceding the date of this certification.

TRUE_____ FALSE_____

CERTIFICATION TWO

The Contractor, or the firm, corporation, partnership, or institution represented by the Contractor, has not been sanctioned with an OSHA Citation and Notification of Penalty classified as one of the following types (if the OSHA Citation is contested8 then its classification is based on the Settlement with OSHA or OSHA Final Order) within the twenty-four (24) months preceding9 the date of this certification:

8 If an OSHA Citation is contested, no sanctions under this policy apply until it is resolved. During that time, the bidder may truthfully state it has not been sanctioned under the certification language.

The bidder must notify Harris County within ten (10) business days of the OSHA decision and provide documentation of the outcome. Harris County is not obligated to award the bid, regardless of the result.

9 The Issuance Date of the Citation and Notification of Penalty is the relevant date when calculating the twenty-four (24) months preceding.

(1)“Serious” with a Gravity10 finding of “High” (2) “Posting Requirements” with a Gravity finding of “High”11.

Disclosure: Do you currently have any open/contested violations that fall under this certification?

YES_____ NO_____

CERTIFICATION THREE

The Contractor/Subcontractor has not been sanctioned with an OSHA Citation and Notification of Penalty classified as one of the following types (if the OSHA Citation is contested12, then its classification is based on the Settlement with OSHA or OSHA Final Order) and within three (3) years preceding13 the date of this certification:(1)“Willful or Repeated”; (2) “Failure to Abate”; and/or , TRUE_____ FALSE_____

Disclosure: Do you currently have any open/contested violations that fall under this certification?

YES_____ NO___

CERTIFICATION FOUR

The Contractor, or the firm, corporation, partnership, or institution represented by the Contractor, (i.e., the company itself, not the company’s employees) within the ten (10)

10 “Gravity” is used in this policy as it is explained in the most recent OSHA Field Operations Manual, as determined by the relevant OSHA Information System (OIS) code. The Policy does not depend on the monetary amounts of the penalties assessed by OSHA in association with citations.

11 As noted in Section III, this policy does not limit, or impact in any way, the County’s ability to consider in the manner it deems appropriate any relevant factor specifically listed in any request for bids, proposals, or qualifications. Thus, for example, even though this policy does not deem as nonresponsive bidders with OSHA violation types that are not listed, or requires certain thresholds with regard to

“Serious” or “Posting Requirement” type of violations, the County may still consider any OSHA violation type, Severity finding, or Probability finding in the scoring of bids, proposals, or qualifications as specified in the bid, proposal, or qualification request documents.

12 If an OSHA Citation is contested, no sanctions under this policy apply until it is resolved. During that time, the bidder may truthfully state it has not been sanctioned under the certification language.

The bidder must notify Harris County within ten (10) business days of the OSHA decision and provide documentation of the outcome. Harris County is not obligated to award the bid, regardless of the result.

13 The Issuance Date of the Citation and Notification of Penalty is the relevant date when calculating the three (3) years preceding years preceding the date of this certification, has not been convicted of a criminal offense in connection with a workplace incident that resulted in serious bodily injury or death.

TRUE_____ FALSE_____

Disclosure: Do you currently have any pending court cases or litigation for violations that fall under this certification?

YES_______ NO______

CERTIFICATION FIVE

Contractor employees that will be doing manual work under a contract with the County or other work that directly impacts workplace safety has received the OSHA 10 certification, and managers that manage at least one employee that will be doing manual work on the project or other work that directly impacts workplace safety received the OSHA 30 certification, prior to entering the job site and before the commencement of construction.

TRUE_____ FALSE_____

CERTIFICATION SIX

Contractor employees are compensated for the cost of their OSHA 10 certification (workers) or OSHA 30 certification (managers) if they received such certification while employed by you. Contractor employees are also compensated at their normal hourly rate for the time workers and managers spend toward those certifications.

TRUE_____ FALSE_____

It is the sole responsibility and obligation of the Contractor to ensure that all Subcontractors performing any part of the work on this project disclose to the Contractor their safety records and meet the County’s requirements under the Safety Record Policy. The Contractor may fulfill this obligation by distributing the “Safety Record Questionnaire for Subcontractors” form included in this policy as Part B to all subcontractors and verifying to the County that the forms have been satisfactorily completed (i.e., every response is a “True”) and returned to the Contractor. All Safety Record Questionnaires are subject to the County’s review upon request.

Prime Contractor must maintain subcontractor certifications for every subcontractor it uses to perform work on the project throughout the life of the project. Prime Contractor must also collect completed questionnaires from all subcontractors at least 30 days prior to the commencement of work and attest that this will be completed.

PRIME CONTRACTOR SAFETY RECORD CERTIFICATION

Project Title:

Name:

Title:

Business or Entity Name:

Business or Entity Address:

County of Contracting Entity:

THE STATE OF TEXAS

COUNTY OF HARRIS

I, ________________________________, certify that:

1. I am the _____________________________(position) of ________________________ __ (“Contracting Entity”) and have the authority to execute this Certification on behalf of Contracting Entity.

2. The information provided in this Safety Record Questionnaire is true and correct.

3. I have made no willful misrepresentations, nor have I withheld information in my statements and answers to questions in this Safety Record Questionnaire.

4. I acknowledge and understand that the Contracting Entity will be disqualified from participating in this project if the Contracting Entity is unable to confirm as “True” each question in the Safety Record Questionnaire.

5. I will ensure that all subcontractors that will work on this project will have satisfactorily completed and submitted to the Contracting Entity their Safety Record Questionnaires by 30 days before work begins.

6. The Contracting Entity will provide access to all records, and take whatever steps necessary (e.g., obtain and disclose Gravity findings from OSHA with respect to an OSHA citation, waive any confidentiality (only to the extent necessary to comply with this policy), etc.) to substantiate the responses in the Safety Record Questionnaire.

7. I am aware that the information I have provided in this Safety Record Questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected or the County to pursue any of the remedies foun d in Section VIII of the Safety Record Policy.

Signature

Date

PART B – SAFETY RECORD QUESTIONNAIRE FOR SUBCONTRACTORS

(Part B must be submitted by all subcontractors and submitted to the Prime Contractor with their bids. Prime Contractor is NOT required to submit this Part B with their bid.)

Pursuant to Harris County’s Safety Record Policy, this certification must be submitted in conjunction with this bid, as the project for which your company is bidding (1) for construction, rehabilitation, expansion, reconstruction, or maintenance work; (2) have a total contract value of at least $500,000 and, for subcontracts, a contract value of at least $50,000; (3) and are not exempted from the Safety Record Policy.

If every question on the certification is not marked “True,” or a response to a question in the Safety Record Questionnaire is found to be false, the Prime Contractor will not be able to use your services under its contract with the County. This determinat ion will disqualify your company from only this bid—your company is not prohibited from bidding on other County projects.

CERTIFICATION ONE

The Subcontractor, or the firm, corporation, partnership, or institution represented by the Subcontractor, or anyone acting for such firm, corporation, partnership or institution, has not been listed on OSHA’s Severe Violator Enforcement Program (SVEP) Log at any time within the three (3) years preceding the date of this certification.

TRUE_____ FALSE_____

CERTIFICATION TWO

The Subcontractor, or the firm, corporation, partnership, or institution represented by the Contractor, has not been sanctioned with an OSHA Citation and Notification of Penalty classified as one of the following types (if the OSHA Citation is contested14 then its classification is based on the Settlement with OSHA or OSHA Final Order) within the twenty-four (24) months preceding15 the date of this certification:

(1)“Serious” with a Gravity16 finding of “High” (2) “Posting Requirements” with a Gravity finding of “High”17.

14 If an OSHA Citation is contested, no sanctions under this policy apply until it is resolved. During that time, the bidder may truthfully state it has not been sanctioned under the certification language. The bidder must notify

Harris County within ten (10) business days of the OSHA decision and provide documentation of the outcome.

Harris County is not obligated to award the bid, regardless of the result.

15 The Issuance Date of the Citation and Notification of Penalty is the relevant date when calculating the twenty-four

(24) months preceding.

16 “Gravity” is used in this policy as it is explained in the most recent OSHA Field Operations Manual, as determined by the relevant OSHA Information System (OIS) code. The Policy does not depend on the monetary amounts of the penalties assessed by OSHA in a ssociation with citations.

17 As noted in Section III, this policy does not limit, or impact in any way, the County’s ability to consider in the

Disclosure: Do you currently have any open/contested violations that fall under this certification?

YES_____ NO_____

CERTIFICATION THREE

The Subcontractor has not been sanctioned with an OSHA Citation and Notification of Penalty classified as one of the following types (if the OSHA Citation is contested 18, then its classification is based on the Settlement with OSHA or OSHA Final Order) and within three

(3) years preceding19 the date of this certification:(1)“Willful or Repeated”; (2) “Failure to Abate”; and/or , TRUE_____ FALSE_____

Disclosure: Do you currently have any open/contested violations that fall under this certification?

YES___ NO___

CERTIFICATION FOUR

The Subcontractor, or the firm, corporation, partnership, or institution represented by the Subcontractor (i.e., the company itself, not the company’s employees), within the ten (10) years preceding the date of this certification, has not been convicted of a criminal offense in connection with a workplace incident that resulted in serious bodily injury or death.

TRUE_____ FALSE_____

Disclosure: Do you currently have any pending court cases or litigation for violations that fall under this certification?

YES_____ NO_____

manner it deems appropriate any relevant factor specifically listed in any request for bids, proposals, or qualifications. Thus, for example, even though this policy does not deem as nonresponsive bidders with OSHA violation types that are not listed, or requires certain thresholds with regard to “Serious” or “Posting Requirement” type of violations, the County may still consider any OSHA violation type, Severity finding, or Probability finding in the scoring of bids, proposals, or qualifications as specified in the bid, proposal, or qualification request documents.

18 If an OSHA Citation is contested, no sanctions under this policy apply until it is resolved. During that time, the bidder may truthfully state it has not been sanctioned under the certification language. The bidder must notify

Harris County within ten (10) business days of the OSHA decision and provide documentation of the outcome.

Harris County is not obligated to award the bid, regardless of the result.

19 The Issuance Date of the Citation and Notification of Penalty is the relevant date when calculating the three (3) years preceding

CERTIFICATION FIVE

Subcontractor employees that will be doing manual work under contract between the County and the Prime Contractor or other work that directly impacts workplace safety has received the OSHA 10 certification, and managers that manage at least one employee that will be doing manual work on the project or other work that directly impacts workplace safety has received the OSHA 30 certification, by the first day of work on the project (if you are hired as a subcontractor on the project).

TRUE_____ FALSE_____

CERTIFICATION SIX

Subcontractor employees are compensated for the cost of their OSHA 10 certification (workers) or OSHA 30 certification (managers) if they received such certification while employed by you. Subcontractor employees are also compensated at their normal hourly rate for the time workers and managers spend toward those certifications.

It is the sole responsibility and obligation of the Contractor to ensure that all Subcontractors performing any part of the work on this project disclose to the Contractor their safety records and meet the County’s requirements under the Safety Record Policy. The Contractor may fulfill this obligation by distributing the “Safety Record Questionnaire for Subcontractors” form included in this policy as Part B to all subcontractors and verifying to the County that the forms have been satisfactorily completed (i.e., every response is a “True”) and returned to the Contractor.

Subcontractors should submit the Safety Record Questionnaire to the Contractor as soon as they are able to. Contractor shall have until 30 days before the start of work on the project to obtain certifications from its Subcontractors.

All safety records are to be submitted by the prime contractor as instructed on the first page of this Safety Record Questionnaire, and all such records are subject to Harris County’s review upon request.

SUBCONTRACTOR SAFETY RECORD CERTIFICATION

Project Title:

Name:

Title:

Business or Entity Name:

Business or Entity Address:

County of Contracting Entity:

THE STATE OF TEXAS

COUNTY OF HARRIS

I, ________________________________, certify that:

1. I am the ____________________________(position) of _________________________ _ (“Subcontracting Entity”) and have the authority to execute this Certification on behalf of Subcontracting Entity.

2. The information provided in this Safety Record Questionnaire is true and correct.

3. I have made no willful misrepresentations, nor have I withheld information in my statements and answers to questions in this Safety Record Questionnaire.

4. I acknowledge and understand that the Subcontracting Entity will be disqualified from participating in this project if the Subcontracting Entity is unable to confirm as “True” each question in the Safety Record Questionnaire.

5. I will ensure that the prime contractor on the project will receive this Safety Record Questionnaire by 30 days before work begins.

6. Subcontracting Entity will provide access to all records, and take whatever steps necessary (e.g., obtain and disclose Gravity findings from OSHA with respect to an OSHA citation, waive any confidentiality (only to the extent necessary to comply with this policy), etc.) to demonstrate compliance with the requirements of this policy.

7. I am aware that the information I have provided in this Safety Record Questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected or the County to pursue any of the remedies foun d in Section VIII of the Safety Record Policy.

Signature

Date

PART 2: WORKSITE SAFETY POLICY

Construction Projects Under Contract with Harris County, Texas

TABLE OF CONTENTS

1. PURPOSE AND SCOPE

2. PRIME CONTRACTOR RESPONSIBILITIES

3. MANDATORY SAFETY STANDARDS

4. SITE-SPECIFIC SAFETY PLAN

5. SAFETY MEETINGS AND TRAINING

6. SAFETY INSPECTIONS AND AUDITS

7. ACCIDENT REPORTING AND INVESTIGATION

8. MULTI-EMPLOYER WORKSITE COORDINATION

9. ADDITIONAL SPECIFIC REQUIREMENTS

10. KNOW YOUR RIGHTS AND SAFETY TRAINING FOR WORKERS

11. COMPLAINTS

12. INVESTIGATION AND RESOLUTION

13. VIOLATIONS AND PENALTIES

14. CONTRACTOR DOCUMENTATION AND RECORDKEEPING

15. REPORTING AND DATA ON WORKSITE SAFETY

16. COUNTY WORKSITE SAFETY COMMITTEE

17. POLICY REVIEW AND UPDATES

18. MISCELLANEOUS

APPENDICES:

A. DAILY WORKSITE SAFETY INSPECTION CHECKLIST

B. OSHA MANDATORY REQUIREMENTS

C. SPECIALIZED OPERATIONS

D. HEALTH HAZARDS

E. ENVIRONMENTAL PROTECTION

F. DEFINITIONS

G. HARRIS COUNTY CONTACT INFORMATION

1. PURPOSE AND SCOPE

1.1 Purpose

This Worksite Safety Policy ensures compliance with:

• Federal Occupational Safety and Health Administration (OSHA) regulations (29 CFR 1926 - Safety and Health Regulations for Construction)

• Texas state construction safety requirements

• Section 107 of the Contract Work Hours and Safety Standards Act

• Texas Labor Code Section 411

1.2 Scope and Applicability

This Policy applies to (1) are for construction, rehabilitation, expansion, reconstruction, or maintenance work (2) have a total contract value of at least $500,000 and, for subcontracts, a contract value of at least $50,000; (3) and are not exempted by this Section. Prime contractors must include in all contracts with subcontractors binding provisions that flow down Harris County’s requirements of prime contractors in the Policy onto their respective subcontractors. Prime contractors must fully apply these binding contractual provisions to subcontractors, including, but not limited to, terminating subcontractor relationships for noncompliance.

The following types of contracts are exempt from this policy:

• Interlocal Government Agreements

• Cooperative Purchasing Agreements

• Emergency Contracts

• Moving Contracts

• Contracts for purchases of goods and services considered to be ancillary to the purchases of goods. A business entity that only supplies goods (bricks, paper, fuel, office supplies, tools, clothing, food, etc.,) and such transportation services as may be incident to delivering those goods to County Property (including the use of common carriers (e.g., truck drivers)) is considered a “Supplier” and Suppliers are not subject to the Safety Record Policy.

• Contracts for…