Attachment 4 PWS - DIA Region IV FSS Appendix B Safety Variance 20220715.pdf

Policy for Safety and Health Officer Requirements for Maintenance and Service Contracts at U.S. Army Engineering and Support Center, Huntsville

Compliance with EM 3 85-1-1 for work performed under maintenance and service (M&S) work contracts at the U.S. Army Engineering and Support Center Huntsville (CEHNC) regarding the training for site of the work safety personnel is often too rigid for the wide range of work activities performed under these type contracts. M&S contractors, when permitted by contract, may utilize different levels of Safety and Health Officers (SH Os) defined below, commensurate with the degree of risk to ensure the health and safety of their employees. Ultimately, the Prime Contractor is responsible for ensuring the appropriate safety officers are assigned to each location to implement their safety program.

The three levels of (SH Os) are:

Level 1 Safety and Health Officer (LI) (Prime Contractor employee who is always required to manage the prime contractors safety program) Level 2 Safety and Health Officer (L2) (Prime Contractor or Sub-Contractor employee) Level 3 Safety and Health Officer (L3) (Prime Contractor or Sub-Contractor employee)

All SH Os shall have an Appointment Memo, SHO Designation Certificate signed by their employer. This certificate shall be submitted to the Government Designated Authority (GDA) along with the Accident Prevention Plan (APP), Addendums, Service Orders, Site Specific Work Plans, etc. A copy of this certificate shall be maintained by the SHO at the work site. See the Appointment Memo on the last page of this section.

> Notes:

a. The level of onsite SHO required will be determined by the prime contractor as defined in the contract and this policy. It will be based on complexity (degree of risk), duration, number of trades, etc.

b. L2s and L3s are collateral duty safety personnel, with safety duties in addition to their fitll-time occupation.

c. If a M&S work contract contains multiple project sites the requirement.for a LI to be onsite may not be required by contract.

d. The CEHNC Project Manager (PM) for M&S contracts shall coordinate with the CEHNC SC(fety & Occupational Health Office (SOHO) and Contracting Officer (KO) to ensure SHO requirements are in the contract as defined by this policy.

A LI who meets the minimum requirements of EM 385-1-1 paragraph 01.A. l 7 is always required to manage, implement, and oversee the prime contractor's safety program. Since some M&S contracts have multiple project sites both CONUS and OCONUS, the prime contractor may be permitted by contract to utilize 12 and/or 13 SHO/s to assist overseeing and executing onsite safety requirements under the direction of a LI. L2s and L3s are only permitted when work tasks have a residual risk of Low or Medium.

PWS Appendix B EM 385-1-1 Safety Variance

DIA Region IV FSS

Page 1 of 9 15 July 2022

The requirements in paragraph A below replace the requirements found in Section O l .A.17 of EM 385-1-1 if included in the contract.

0 !A.17 The prime contractor shall employ a minimum of one competent person (CP) to function as the LI SHO to ensure all contract work is performed in accordance with contract specifications, EM 385-1-1, OSHA and applicable local regulations as required.

A. A LI shall:

(I) Be designated by their employer in writing on an Appointment Memo.

(2) Be required on all contracts to ensure all safety regulations and the APP are being implemented.

(3) Be a direct hire of the prime contractor and an employee other than the supervisor.

( 4) Report to a senior or corporate safety official.

(5) Be a full-time responsibility and be present at the project site and have full access to all major work operations during the shift.

Note: If the Ll is not required by contract to be onsite a qualified L2 or L3 shall be assigned by the prime contractor to each location/site.

(6) Provide a copy of their OSHA 30- hour training card in the APP (or course completion if within 90 days of having completed the training and card has not yet been issued). They will have completed:

a. The 30-hour OSHA General Industry safety class (may be web-based training if the student is able to directly ask questions of the instructor by chat or phone) or

b. The 30-hour OSHA Construction Industry safety class (may be web-based training if the student is able to directly ask questions of the instructor by chat/phone), or

c. As an equivalent, formal construction or industry safety and health training covering the subjects of the OSHA 30-hour course and the EM 385-1-1 [see EM385-l-l, Appendix A, Paragraph 3.d.(3)] applicable to the work to be performed and given by qualified instructors -may be web-based training if the student is able to directly ask questions of the instructor by chat/phone).

► Note: The CEHNC SOHO will evaluate the proposed equivalent training for applicability to the contract work to be performed.

(7) Provide proof of employment for:

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a. Five (5) years of continuous construction industry safety experience in supervising/ managing general construction (managing safety programs or processes or conducting hazard analyses, specifically hazard identification and developing controls), or

b. Five (5) years of continuous general industry safety experience in supervising/ managing general industry (managing safety programs or processes or conducting hazard analyses, specifically hazard identification and developing controls), or

c. If the SHO has a Third-Party, Nationally Accredited (ANSI or National Commission for Certifying Agencies - NCCA) SOR-related certification, only 4 years of experience is needed.

See EM 385-1-1 Appendix Q for list of certifications.

(8) Maintain competency through having taken 8 hours of documented formal, on-line, or self-study safety and health related coursework every year. Examples of continuing education activities that meet this requirement are: writing an article, teaching a class, reading/writing professional articles, and attendance/participation in professional societies/meetings.

(9) For projects with multiple shifts, additional SHOs (Ll, L2, or L3) as required by this policy will be provided as described in this policy to ensure adequate safety coverage for the project at all times work activities are conducted.

(I 0) Designate an equally qualified Alternate SRO to fulfill the same roles and responsibilities if off-site for a period longer than 24 hours. (Alternate SHO/s shall be part of the APP and be designated by their employer in writing on an Appointment Memo.)

(11) For an activity or task performed on multiple sites with a residual risk oflow or medium, the prime contractor may elect to utilize a L2 or L3 for each site of the work where the work locations are more than 45 minutes travel time from the Lis duty location. This must be permitted by contract and accepted by the CEHNC SOHO. The Prime Contractor is responsible for ensuring the appropriate level of SHO/s is/are assigned to each location. All SH O's must be designated in writing on an Appointment Memo.

(12) Designate L2s and L3s to perforn1 safety program tasks and report all safety issues and/or findings to the LI.

(13) NOT assign L2s and L3s to projects that have a residual risk level greater than medium.

(14) Assist the Contractor's project management team responsible for managing, communicating, implementing and enforcing compliance with the Contractor's APP and other accepted safety and health submittals.

B. A L2 shall:

Note: A L2 is only permitted on M&S projects that have a residual risk of/ow or medium.

(1) Be designated by their employer in writing on an Appointment Memo.

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(2) Work under stringent direction and guidance of a LI.

(3) Be a collateral duty responsibility. When permitted by contract the L2 shall be present at the project site and have access to all major work operations during the shift.

( 4) Be a direct hire of the prime contractor or the subcontractor.

( 5) Report directly to a L 1.

(6) Meet all the training and experience requirements of an LI.

(7) Be trained on the Prime contractor's corporate Safety and Occupational Health policies and procedures (APP, Activity Hazard Analysis (AHA), policies, etc.).

(8) Perform safety program tasks (e.g. ensure training and qualifications of site workers, document safety meetings, AHA reviews and site specific updates, inspections, etc.) as required and directed by a LI or corporate safety official.

(9) Report all findings and documentation to the LI.

(I 0) For projects with multiple shifts, equally qualified Alternate L2s as required by contract shall be identified in the APP or AHA shall be assigned to ensure adequate safety coverage for the project at all times work activities are conducted.

(11) If off the site of the work for a period longer than 24 hours, the LI shall appoint an equally qualified Alternate L2 to fulfill the same roles and responsibilities as the primary L2.

(12) NOT be assigned to projects that have a residual risk greater than medium ..

C. A L3 shall:

Note: A L3 is only permitted on M&S projects that have a residual risk of low or medium.

(I) Be designated by their employer in writing on an Appointment Memo.

(2) Work under stringent direction and guidance ofa LI.

(3) Be a collateral duty responsibility. When permitted by contract be present at the project site and have reasonable access to all major work operations during the shift.

(4) May be an employee of the prime contractor or a subcontractor.

(5) Report directly to the prime contractor's L 1.

(6) Be a designated competent/qualified person for the work being perfonned.

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(7) Have training and experience commensurate to the oversight responsibilities.

(8) Have a minimum of 8 how-s of training annually and specific knowledge of the potential hazards of the tasks being completed. Examples of continuing education activities that meet this requirement are: writing an article, teaching a class, reading/writing professional articles, attendance/participation in professional societies/meetings, etc.

(9) Meet required training requirements for Competent/Qualified Person in i 926.32(f) and EM 385-1-1, Appendix A. Documentation of required work experience and training shall be submitted (qualifications, certifications, etc.) to the GDA for review and acceptance prior to onsite work commencing.

(10) Be trained on the Prime contractor's corporate Safety and Occupational Health policies and procedures (APP, AHA, policies, etc.).

(11) Perform safety program tasks (e.g. ensure training and qualifications of site workers, document safety meetings, AHA reviews and site specific updates, inspections, etc.) as required and directed by a L 1 or corporate safety official.

(12) Report all findings and documentation to the LL

(13) NOT be assigned to projects that have a residual risk greater than med.ium.

D. No work shall be conducted at the site of the work until a LI, L2, or L3 is present.

E. All levels of SH Os qualifications with an Appointment Memo must be submitted to and accepted by the CEHNC SOHO prior to work commencing on the site of the work.

F. There must be a CEHNC accepted APP and a Ll prior to any work being performed. Work on all service orders shall cease if the accepted L 1 or Alternate LI (if provided) is no longer on the task order/award. It is the prime contractor's responsibility to ensure the Ll, L2, and L3 clearly meet the minimum requirements of this policy.

G. Responsibilities and Lines of Authority. The LI responsible for ensuring all the safety and health requirements are being met shall be identified in the Responsibilities and Lines of Authority section of the APP. This section of the APP shall illustrate reporting procedures from the L2/L3 to the Ll. The Ll for the task order/award shall ensure all competent/qualified persons have the proper qualifications and training and shall maintain all documentation for the project. All documentation shall be available upon request to the GDA.

H. The APP shall include discussion as to how the Ll will ensure the L2 and/or L3 is/are implementing the requirements of the prime contractor's safety program, EM 385-1-1, OSHA, any additional local laws and regulations, and all accepted safety plans. This shall include but not limited to the review of site documentation, site audits, training, and meetings.

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I. A tailgate (a.k.a. toolbox) meeting is required prior to every service order. The accepted Activity Hazard Analysis (AHA) shall be reviewed at each tailgate. Any step, hazard and/or control changes made to an accepted AHA shall be identified (pen-and-ink) on the AHA along with the RAC. If the initial Risk Assessment Code (RAC) determination in the accepted AHA increases due to a change made to the work task or procedure by the workers, all work shall cease and the AHA shall be resubmitted to the CEHNC SOHO for review and acceptance prior to proceeding. All persons conducting work identified in the AHA shall review it and acknowledge the review by signing the AHA.

J. All signed AHAs shall be submitted with the invoices or completed service orders for the corresponding work.

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Appendix A

Definitions and Acronyms

Alternate Safety and Health Officer (ASHO): An employee that meets the definition of Safety and Health Officer but is not the Primary SHO.

Competent Person (CP): The CP is a person designated in writing, who, through training, knowledge and experience, is capable of identifying, evaluating, and addressing existing and predictable hazards in the working environment or working conditions that are dangerous to personnel, and who has authorization to take prompt con-ective measures with regards to such hazards. (Specific standards have specific requirements for a competent person. Refer to EM 3 85-1-1, Appendix Q)

Definable Feature Of Work (DFOW): A task that is separate and distinct from other tasks and has control requirements and work crews unique to that task. A DFOW is identified by different trades or disciplines and is an item or activity on the construction schedule. So, for example, excavation, electrical, concrete, roofing, mechanical, HVAC, etc. are all DFOW's.

Government Designated Authority (GDA): the senior person in charge or his/her appointed representative for the operation or activity being conducted/considered.

Limited Scope of Work (LSW): A work task that has a scope of work limited to M&S contracts and does not involve an activity that has a residual risk assessment code (RAC) of high or extremely high. Level 1 Site Safety and Health Officer (Ll): A person who through experience and training has the technical knowledge needed to anticipate, recognize, and evaluate hazardous conditions and recommend adequate con-ective action and ensure con-ections are made in a timely manner. They are responsible for implementing and evaluating their employer's safety and health program to ensure all their employees are provided a workspace that is free from any recognized hazards. A L 1 is required for all tasks unless the contract specifications state otherwise due to job complexity, size, scope, and any other pertinent factors.

Level 2 Site Safety and Health Officer (L2): Is a collateral duty (Dual Hatted) safety officer who tluough experience and training has the technical knowledge needed to anticipate, recognize, and evaluate hazardous conditions and recommend adequate corrective action and ensure corrections are made in a timely manner. They are responsible for implementing and evalm:ting their employer's safety and health program to ensure all their employees are provided a workspace that is free from any recognized hazards. A L2 is only permitted if they work under stringent direction and guidance ofa Ll, and on projects that have a RAC level oflow or medium. A L2 shall be accepted by the CEHNC KO and Safety Office and permitted by the contract.

Level 3 Site Safety and Health Officer Designated Representative (L3): Personnel with additional safety duties in addition to their full-time occupation. They shall have the technical knowledge needed to anticipate, recognize, and evaluate hazardous conditions and recommend con-ective action. A L3 is only permitted if they work under stringent direction and guidance of a Ll, and on projects that have a RAC level oflow or medium. A L3 shall be accepted by the CEHNC Contracting Officer (KO) and Safety Office and permitted by the contract.

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Maintenance and Service (M&S) Work: A work task that has a scope of work limited to maintaining or keeping a structure, fixture or system in proper condition in a routine, scheduled, or anticipated fashion. The work may be required in the performance of emergency or routine maintenance activities.

Risk: Risk is defined as the measure of the expected loss from a given hazard or group of hazards, usually estimated as the combination of the likelihood (probability) and consequences (severity) of the loss.

Risk assessment: The process of characterizing hazards within risk areas and critical technical processes, analyzing them for their potential mishap severity and probability ( or frequency) of occurrence, and prioritizing them for risk mitigation actions. The first two steps of the composite risk assessment ( CRM) process.

Risk category: A specified range of risk associated with a given level (high, serious, medium, low) used to prompt specific action such as reporting hazards to appropriate management levels for risk acceptance.

► Extremely high risk: Loss of ability to accomplish the mission or the mission produces extremely severe outcomes. This implies that the risk associated with this mission, activity, or event may have severe consequences beyond those associated with this specific operation or event. The decision to continue must be weighted carefully against the potential gain to be achieved by continuing this course of action. It must be approved at an appropriate level of command.

► High risk: Significant degradation of mission capabilities in terms of the required mission standard, inability to accomplish all parts of the mission, high potential for serious injury to personnel, or inability to complete the mission to standard if hazards occur during the mission. This implies that if a hazardous event occurs, serious consequences will occur. The decision to continue must be weighted carefully against the potential gain to be achieved by continuing this course of action. It must be approved at an appropriate level of command.

► Medium risk: The ability to complete the mission will be slightly degraded in the event this hazard occurs. If a hazardous event occurs it will only slightly impact on the mission, result in only minor injury or loss, and not affect overall readiness.

► Low risk: Expected losses have little or no impact on accomplishing the mission. Injury, damage, or illness will be minor and have no long-term impact or effect.

Qualified Person (QP): one who, by possession of a recognized degree, certificate, or professional standing, or extensive knowledge, training, and experience, has successfully demonstrated his/her ability to solve or resolve problems related to the subject matter, the work, or the project.

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APPOINTMENT MEMO

Designation of Safe:ty: and Health Official Certificate

This certificate shall be signed by an official of the company that ensures Safety and He.al th Officials (SHOs) are qualified and designated in writing.

Prime Contractor Name: Contract.Number:

This form is to designate a (check which applies):

Level 1 Safety and Health Official (Ll) □ Level 2 Safety and Health OffiCial (L2) □

Level 3 Safety and Health Official (13) □ as a qualified SHO.

SHOName: SHO Phone Number:

I certify that:

I. The above SHO conform to the minimum requirements of the Policy for Safety and Health Officers to include training and experience.

2. The SHO noted above has been trained, qualified and designated in accordance with the requirements in the Policy for Safety and Health Officers.

.:, . The SHO noted above has been trained. on our company's safety policy and procedures.

4. The SHO and company official (staff) are aware that immediate notification to the GDA of any incidentor accident is required.

Company Corporate Official Name/Title:

Company Corporate Official Signature: Date:

Additional Information:

Provide a signed copy of this designation certificate to the Government Designated Authority prior to work, (Submit with Accident Prevention Plai1, Addendums, Service Orders, etc.)

A copy of this certificate shall be maintained by the SHO at the work site.

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