B08_Attachment_-_YELL-__Contractor_Safety_Reminders.docx

YELLOWSTONE

N A T I O N A L P A R K

HEALTH AND SAFETY REMINDERS FOR CONTRATOR USE

A) COMPLIANCE WITH POLICY AND REGULATION

There are numerous federal, state, and other jurisdictional legal requirements that contractors have to comply with.

It is recommended that the regulations applicable to the work being done be listed in the project work plan.

Examples of policy/regulation include:

· Public Law 91-596; 29 CFR parts 1910 and 1926; 36 CFR 4.1; 41 CFR 101-20.002-1; FAR clause 52.236-13;

· The Construction Safety Act of 1969, as amended; The Service Contract Act of 1965, as amended;

· The Davis-Bacon Act, 48 CFR, parts 1-53; The Contract Work Hours and Safety Standards Act (40 USC 333);

· The Public Buildings Act of 1959, as amended (40 USC 606); Public Law 100-678, 1988;

· OSHA Act of 1970; NPS Departmental Manuals: 485.24.3; RM-50B.

· Divisional rules governing safety requirements included in the contract as special conditions;

B) SAFETY PROGRAM

Contractors working for the park, or who are in the park working for other entities, are required to have a company Safety and Health Program. This should be specified in the proposed statement of work and bidding package prior to advertisement. This program must be written and provided to the park for review well in advance of work commencing. Existing contracts should be terminated and new contracts not be awarded to companies who lack a Safety and Health Program, have a weak written safety program, or who have a poor safety record.

C) WORK PLAN

Every contracted project in the park is required to have a site-specific project work plan, to include components like scope of work, background, goals, requirements, impacts, workplace safety, maps, contacts, etc. The plan is to be written, and a printed hard copy will be accessible on scene upon request. Having only an electronic version on a phone on site is not sufficient. The plan is to have a section on safety and health concerns. Content examples include;

1) PREWORK ACTIVITIES. This should include pertinent information such as:

· The park employee initiating the project will involve the park Safety Staff early in the developmental stages of the project, to include review of the statement of work.

· The contractor will identify the company’s Safety Officer, to include the individuals’ contact information.

· It is the responsibility of the contractor to identify safety regulations that apply to the work to be done (e.g. CFR, FAR, OSHA, NFPA, EPA, etc.).

· Park and contractor will hold a planning meeting, to address areas of consideration including project safety, pre-work site visits, identification of known hazards, etc.

· Company and park safety staff are encouraged to participate in pre-award conferences. The contractor is to be made aware of any additional park safety and health expectations that the contractor must comply with.

· Health and safety requirements are to be incorporated into all pre-existing and new Contracts, Agreements, Memorandums of Understanding, and Special Use permits as additional measures and mitigations.

· Agency and contractor will develop a schedule for both formal and unannounced on-site safety inspections.

· Specific procedural requirements and timelines should be listed, such as: underground line locates; equipment and material inspections; staging areas; item removal; resource protection; damage restoration; remedies; etc.

· Signed authorization/approval and start work orders will be in place prior to any work commencing.

2) DURING WORK ACTIVITIES. This should include pertinent information such as:

· Regardless of location, every contractor must provide a safe and healthy working environment- and work must comply with all federal and state regulations. Failure to comply are violations subject to OSHA fines and agency penalties ranging from stop-work orders to disbarment from any future federal contracting.

· Contractor will provide a level of public safety commensurate with exposure at the NPS worksite. At a minimum, the contractor will define the work zone and cordon off or fence the area to address potential interface with vehicle and pedestrian foot traffic.

· The government Project Inspector will perform frequent informal safety and health inspections at the worksite.

Compliance inspection findings will be given to the Contracting Officer (CO). The CO will present a written list of the violations to the contractor, who will be given a timeline by which to abate the violations.

· The park PI, COR or Safety Office Staff may request immediate on-site hazard abatement if imminent danger is observed.

· Project safety briefings with participants will be held prior to work commencing. Use of risk management tools and checklists such as job hazard analysis and risk assessments are strongly advised. It is recommended to list the hierarchy of hazard controls, such as: elimination; substitution; engineering; administration; PPE.

· Ensure that a competent person remains on scene to oversee hazardous operations, such as excavation/trenching, permit required confined space entry, etc.

· Any person who observes what they believe may be a safety/compliance violation has the right to report their observance to the NPS Project Inspector (PI) or Contracting Officer’s Representative (COR). It is the responsibility of the PI or COR to document any breach of contract and work with the CO to ensure the contractor comes into compliance.

3) POST WORK ACTIVITIES. This should include pertinent information such as:

· The contractor will provide the park with a list of all safety systems installed as part of the project, to include copies of manufacturer’s specifications, warranties, and operating instructions. This must occur prior to final payment.

· Contract close out meetings are held so the park can provide verification that the work has been completed to specification/expectation. During this on scene meeting, the project will not achieve final acceptance unless the work site is fit for occupancy, meet health and safety codes and has been cleaned to ensure no hazards remain. Records, to include inspection findings, will be kept as part of the project file.

· If after the project is completed it is discovered that portions of the work were not completed correctly and pose a safety and health risk, the park has provision to request the contractor correct the hazardous work within a specified period of time or be subject to penalty.

4) EMERGENCIES. This section should include what steps will be taken if an unplanned event occurs.

· While minor unplanned events may occur frequently, it is the serious accident or emergency situation that necessitates prior planning. The contractor should address within the work plan how it will handle the response and recovery to emergency events.

· Emergency response and recovery information should include at a minimum:

· Listing of primary and backup emergency communication contacts and protocols.

· Listing of pre-arranged disaster and medical response resources to the work location.

· Listing of contingency actions and resources to continue the project or not leave the scene unsecured with potential for additional harm.

D) CONCESSIONAIRE SAFETY

· Concessionaires in Yellowstone are required to have their own Safety Program and Safety Staff.

· Concessionaire operations within park facilities often have complex elements such as structure ownership, possessory interest and repair/maintenance protocols. Contractual relationships are critical in these situations.

· Recurrent health and safety violations by a concessionaire is performance that may lead to unsatisfactory ratings, additional contract work orders, and contract termination and/or non-renewal.

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