Exhibit D CESHM Final 20240101.pdf

Construction Environment, Safety, &

Health Manual Version 8

National Renewable Energy Laboratory

U.S. Department of Energy

Office of Energy Efficiency & Renewable Energy

Environment, Safety, Health, & Quality Office

Title Effective Date Supersedes

Construction Environment, Safety, & Health Manual 1/01/2024 Version 7

CESHQ Manual v.8 Page i

Table of Contents List of Acronyms and Abbreviations .................................................................................................................. viii 1 Introduction

1.1 Background

1.2 Definitions

1.3 Layout and Use of this Manual—Imperative Information

1.3.1 Scope

1.3.2 Layout of this Manual

1.3.3 Use of this Manual

2 Program Policy

2.1 Applicability

2.2 Regulatory Requirements

2.3 NREL Specific Requirements

2.3.1 Construction ESH Plan

2.3.2 Safe Work Permit

2.3.3 Training and Documentation

2.3.4 Safety Bulletin Boards

2.3.5 Subcontractor Incident Response and Notification

2.3.6 NREL Response to Emergencies on Construction Sites

2.3.7 Construction Subcontractor Event Investigation

2.3.8 Construction Subcontractor Initial Screening Process

2.4 NREL Special Emphasis

2.4.1 Integrated Safety Management System

2.4.2 Stop Work Authority

2.5 Subcontractor Responsibilities

2.6 References

3 ESHQ Meetings, Inspections, and Orientations

3.1 Applicability

3.2 Regulatory Requirements

3.3 NREL- Specific Requirements

3.3.1 Daily ESHQ Activity Briefings

3.3.2 Plan of the Day Meeting

3.3.3 Weekly Toolbox Trainings

3.3.4 Monthly Construction ESHQ Meetings

3.3.5 Daily ESHQ Inspections and Permits

3.3.6 Weekly ESHQ Inspections

3.3.7 Electrical Code Inspections and Expectations

3.3.8 Subcontractor Employee ESHQ Orientation

3.3.9 Bilingual Requirements

3.4 NREL Special Emphasis

3.4.1 Weekly ESHQ Report

3.5 References

4 Drug and Alcohol Policy

CESHQ Manual v.8 Page ii

4.1 Applicability

4.2 Subcontractor Responsibilities

4.3 Regulatory Requirements

5 Disciplinary Policy

5.1 Applicability

5.2 Subcontractor Responsibilities

5.3 References

6 Occupational Medicine

6.1 Applicability

6.2 Regulatory Requirements

6.3 NREL Specific Requirements

6.4 NREL Special Emphasis

6.5 Subcontractor Responsibilities

6.6 References

7 Construction Hazard Identification and Control Process

7.1 Applicability

7.2 Regulatory Requirements

7.3 NREL-Specific Requirements

7.3.1 General Requirements

7.3.2 Preparatory Meeting

7.3.3 Activity Hazard Analyses

7.3.4 Pre-Task Planning

7.3.5 Worker Training

7.3.6 Record of Training

7.3.7 Method of Procedure

7.4 Subcontractor Responsibilities

7.5 References

8 Control of Hazardous Energy, Lockout/Tagout

8.1 Applicability

8.2 Regulatory Requirements

8.3 NREL-Specific Requirements

8.3.1 NREL Building Equipment and Systems Lockout/Tagout

8.3.2 Equipment- Specific Lockout/Tagout Procedures

8.3.3 Subcontractor Lockout/Tagout Inspection Procedures

8.3.4 Subcontractor Training Requirements

8.4 NREL Special Emphasis

8.4.1 Applying Lockout/Tagout

8.5 References

9 Electrical Safety

9.1 Applicability

9.2 Regulatory Requirements

9.3 NREL-Specific Requirements/Permits

9.3.1 Energized Electrical Work

CESHQ Manual v.8 Page iii

9.3.2 General Electrical Work Safety Requirements

9.3.3 Ground Fault Circuit Interrupter Protection

9.3.4 Tripped Facility Circuit Breakers

9.3.5 Flexible Cords and Cables

9.3.6 Lockout/Tagout

9.3.7 Hazardous Energized Electrical Work

9.3.8 Two-Worker Rule

9.3.9 Safe Penetration of Building Surfaces

9.3.10 Excavations

9.4 References

10 Excavations

10.1 Applicability

10.2 Regulatory Requirements

10.3 NREL Specific Requirements/Permit

10.3.1 NREL Excavation Permit

10.3.2 NREL Excavation Lockout/Tagout

10.3.3 Subcontractor Training Requirements

10.4 NREL Special Emphasis

10.4.1 Munitions and Explosives of Concern and/or Cultural Resources

10.5 Subcontractor Responsibilities

10.6 References

11 Fire Protection and Prevention

11.1 Applicability

11.2 Regulatory Requirements

11.3 NREL Specific Requirements/Permit

11.3.1 Performance of Hot Work

11.3.2 Fire Protection System Outages and Impairments

11.3.3 Exits and Exits Access

11.3.4 Plastic Sheeting Used During Construction, Alteration, and Demolition Operations

11.3.5 Flammable and Combustible Liquids Storage

11.3.6 Smoking/Wildfire

11.3.7 Housekeeping/Trash

11.3.8 Temporary Heating and Cooling Equipment

11.3.9 Access—Fire Protection Equipment, Water Supplies, and Roads

11.3.10 Fire Extinguishers

11.3.11 Utilities

11.4 References

12 Hoisting and Rigging

12.1 Applicability

12.2 Regulatory Requirements

12.3 NREL Specific Requirements

12.4 Operator Training and Certification

12.4.1 Hoisting and Rigging Operating Requirements

CESHQ Manual v.8 Page iv

12.4.2 Environmental Factors

12.4.3 Crane Inspection, Maintenance, and Testing

12.4.4 Rigging Safety Requirements

12.4.5 Inspection Criteria for Slings, Below-the-Hook Lifting Devices, and Rigging Hardware

12.4.6 Personnel Hoisting

12.5 NREL Special Emphasis

12.5.1 Department of Energy Hoisting and Rigging Standard

12.5.2 Suspect and Counterfeit Rigging and Hoisting Components

12.6 References

13 Fall Protection

13.1 Applicability

13.2 Regulatory Requirements

13.3 NREL-Specific Requirements

13.3.1 Fall Protection Program

13.3.2 Subcontractor Training Requirements

13.3.3 NREL Special Emphasis

13.4 References

14 Scaffold

14.1 Applicability

14.2 Regulatory Requirements

14.3 NREL-Specific Requirements

14.3.1 Complex Scaffold Plan

14.3.2 Shift Inspections

14.3.3 Competent Person

14.3.4 Scaffolding Fall Protection

14.4 NREL Special Emphasis

14.5 References

15 Hearing Conservation

15.1 Applicability

15.2 Regulatory Requirements

15.3 NREL- Specific Requirements

15.3.1 Control Measures

15.3.2 Noise Evaluation

15.3.3 High Noise Area Posting

15.4 References

16 Industrial Hygiene

16.1 Applicability

16.2 Regulatory Requirements

16.3 NREL-Specific Requirements

16.3.1 General Requirements

16.3.2 Temperature Extremes

16.3.3 Lightning

16.3.4 Lighting and Illumination

CESHQ Manual v.8 Page v

16.3.5 Ventilation

16.3.6 Lead Program

16.3.7 Hexavalent Chrome

16.3.8 Laser Use

16.3.9 Safety Showers and Eyewashes

16.3.10 lonizing Radiation

16.3.11 Blood-Borne Pathogens

16.3.12 Other Health Hazards

16.4 NREL Special Emphasis

16.5 Subcontractor Responsibilities

16.6 References

17 Asbestos Management

17.1 Applicability

17.2 Regulatory Requirements

17.3 NREL-Specific Requirements/Permit

17.3.1 Subcontractor Responsibilities

17.3.2 Permits

17.4 NREL Special Emphasis

17.5 References

18 Silica Management

18.1 Applicability

18.2 Regulatory Requirements

18.3 NREL-Specific Requirements

18.3.1 Subcontractor Responsibilities

18.4 References

19 Personal Protective Equipment

19.1 Applicability

19.2 Regulatory Requirements

19.3 NREL-Specific Requirements

19.3.1 General Requirements

19.3.2 Training

19.3.3 Personal Protective Equipment Hazard Assessment and Selection

19.4 Subcontractor Responsibilities

19.5 References

20 Hazard Communication

20.1 Applicability

20.2 Regulatory Requirements

20.3 NREL Specific Requirements

20.3.1 General Requirements

20.3.2 Specific Communication Requirements

20.4 NREL Special Emphasis

20.5 Subcontractor Responsibilities

20.6 References

CESHQ Manual v.8 Page vi

21 Confined Space

21.1 Applicability

21.2 Regulatory Requirements

21.3 NREL-Specific Requirements

21.3.1 Confined Space Work at NREL

21.3.2 Confined Space Classification

21.3.3 Verification of Subcontractor’s Compliance with Confined Space Entry

21.3.4 Confined Space Entry Controls

21.3.5 Confined Space Entry Notification

21.3.6 Subcontractor Training Requirements

21.4 References

22 Building Surface Penetrations

22.1 Applicability

22.2 Regulatory Requirements

22.3 NREL-Specific Requirements

22.3.1 Surface Penetrations

22.4 References

23 Environmental Requirements

23.1 Applicability

23.2 Regulatory Requirements

23.3 Environmental Requirements

23.3.1 National Environmental Policy Act Requirements

23.3.2 Stormwater Discharge Requirements

23.3.3 Air Emissions Requirements

23.3.4 Trash, Construction Debris, and Sanitary Waste

23.3.5 Wastewater

23.3.6 Hazardous Waste

23.3.7 Noise

23.3.8 Pesticide and Herbicide Use

23.3.9 Vegetation

23.3.10 Natural Resources—Wildlife

23.3.11 Wetland and Drainage Areas

23.4 Subcontractor Responsibilities

23.5 References

24 Construction Barriers

24.1 Applicability

24.2 Regulatory Requirements

24.3 NREL-Specific Requirements

24.3.1 Caution Tape (Yellow)

24.3.2 Danger Tape (Red)

24.3.3 Snow Fencing

24.3.4 Signage for Construction Barriers

24.4 Requirements

CESHQ Manual v.8 Page vii

25 Temporary Traffic Control Requirements

25.1 Applicability

25.2 Regulatory Requirements

25.3 NREL-Specific Requirements

25.3.1 Temporary Traffic Control Plan

25.4 NREL Special Emphasis

25.5 References

26 Testing and Startup of Equipment

26.1 Applicability

26.2 Regulatory Requirements

26.3 NREL Specific Requirements

26.3.1 Pressure Testing

26.3.2 Startup of New or Modified Equipment

26.4 References

CESHQ Manual v.8 Page viii

List of Acronyms and Abbreviations

ACGIH American Conference of Governmental Industrial Hygienists

ACM asbestos-containing material

AHA activity hazard analysis

AHJ authority having jurisdiction

ANSI American National Standards Institute

ASME American Society of Mechanical Engineers

CFHA Construction Fall Hazard Analysis

CFR Code of Federal Regulations

CM construction manager

CMS Central Monitoring Station

CPR cardiopulmonary resuscitation

CRS Colorado Revised Statute dB decibel dBA decibel, A-weighted scale

DOE U.S. Department of Energy

EEWP Energized Electrical Work Permit

ESHQ Environment, Safety, Health, Quality

EPA U.S. Environmental Protection Agency

FHA Fall Hazard Analysis

FM facility manager

GFCI ground fault circuit interrupter

HEPA high efficiency particulate absolute

H&R hoisting and rigging

IH industrial hygiene

ISM Integrated Safety Management

CESHQ Manual v.8 Page ix

LEEDTM Leadership in Energy and Environmental Design

LO/TO lockout/tagout mA milliamps

MEC munitions and explosives of concern

MOP method of procedure

MUTCD Manual on Uniform Traffic Control Devices

NEPA National Environmental Policy Act

NFPA National Fire Protection Association

NIST National Institute of Science and Technology

NREL National Renewable Energy Laboratory

OSHA Occupational Safety and Health Act, or Occupational Safety and Health

Administration

PFAS personal fall arrest system

POC point of contact

POD plan of the day

PPE personal protective equipment

PM project manager

SAIA Scaffold & Access Industry Association

SDS safety data sheet

STEP South Table Mountain Energy Park

STM South Table Mountain

SME subject matter expert

TTCM Temporary Traffic Control Manual

TTCP Temporary Traffic Control Plan

TLV threshold limit value

TWA time-weighted average

UL Underwriter's Laboratory

CESHQ Manual v.8 Page x

USC United States Code

CESHQ Manual v.8 Page 1

1 Introduction The Construction Environment, Safety & Health (CESH) Manual (hereafter referred to as "this manual") has been developed to identify the minimum requirements for construction subcontractors and their lower-tier subcontractors (hereafter referred to as "subcontractor") that require personnel to perform construction activities at the U.S. Department of Energy (DOE)'s National Renewable Energy Laboratory (NREL) projects.

1.1 Background

It is DOE policy that all construction subcontractors shall provide a safe and healthful workplace for their personnel. In part, these conditions will be ensured by implementing the worker safety and health program established in 10 Code of Federal Regulations (CFR) Part 851—Worker Safety and Health Program. Each subcontractor is responsible for ensuring compliance with all applicable requirements that govern their work at

NREL facilities, including any consensus standards incorporated by reference.

1.2 Definitions

Activity Hazard Analysis: A work control document that identifies the work tasks, hazards, and controls of the work to be performed. It is conveyed to the workers for review, input, acceptance, and adherence.

Combustible Material: Any material that will ignite and sustain combustion, including wood, paper, cardboard, plastic, rubber, vegetation, flammable/combustible liquids, flammable gases, etc. This includes some fire-retardant materials, which are less flammable and harder to ignite, but may still sustain combustion under the right conditions.

Competent Person: Someone who can identify existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt, corrective measures to eliminate them. A competent person is one who has extensive training knowledge/experience in a particular activity or job function. A competent person at NREL shall be capable of demonstrating the "knowledge and skill sets" that match their "competent person" designation.

Construction Activity: Any combination of erection, installation, assembly, demolition, or fabrication activities involved to create a new facility or to alter, add to, rehabilitate, dismantle, or remove an existing facility. It also includes the alteration and repair (including dredging, excavating, and painting) of buildings, structures, or other real property, as well as any construction, demolition, and excavation activities conducted as part of environmental restoration or remediation efforts.

Construction Subcontractor: A person, corporation, or other entity—other than the prime contractor

(NREL)— who furnishes labor, supplies, materials, equipment, or services in furtherance of the DOE's mission under a construction or similar contract with NREL, including a task order agreement (TOA). A subcontractor's site tenure may vary depending on the nature of the project, and its employees are not considered a permanent construction force.

Construction Subcontractor Safety Orientation Checklist: An NREL form used to document the project-

CESHQ Manual v.8 Page 2 relevant Environment, Safety, Healthy, and Quality (ESHQ) information conveyed to the subcontractor prior to starting work. The subcontractor then has the responsibility to ensure the content covered in the checklist/orientation is effectively flowed down to all their employees and their subcontractors prior to the start of any work.

Construction Environment, Safety and Health Plan (CESHP): A document prepared by the subcontractor and submitted to the NREL ESHQ point of contact (POC) for review and concurrence. It describes the subcontractor's environment, safety, and health plan for a particular construction project and the activity hazard analysis (AHA) for every definable activity/feature of work.

Construction Manager (CM) (NREL): The individual or firm responsible to DOE for the supervision and administration of a construction project to ensure the construction contractor's compliance with requirements set forth in the construction project acquisition documents.

Construction Project Manager (NREL): NREL-delegated representative authorized to approve and accept work, provide technical liaison, and interpret NREL plans and specifications on behalf of NREL.

Construction Worksite: The area within the geographic limits necessary to perform the work described in the construction project acquisition documents. It includes the facility being constructed or renovated, all necessary staging and storage areas, and adjacent areas subject to project hazards. It does not include offsite offices of design personnel nor the facilities of fabricators or suppliers.

Designated Hot Work Area: A specific location designed and approved for hot work operations that is maintained for hot work, such as a maintenance shop or a detached outside location, that is of noncombustible or fire-resistive construction, essentially free of combustible and flammable contents, and suitably segregated from adjacent areas.

Graded Approach: Applying a level of rigor commensurate with the importance or significance of the activity, in relation to the associated hazards and consequences to ensure available resources are used most efficiently and effectively. A graded approach is recommended for implementing the work planning and control (i.e., the

CESHP and accompanying AHAs). The level of detail within each CESHP and corresponding AHA should be based on the size, complexity, and risk level of the construction project.

Hold Point: A point of defined circumstances (i.e., excavation permit, hot work permit) beyond which a construction activity shall not proceed without the approval of a designated authority.

Imminent Danger: A condition or practice that could reasonably be expected to cause death or serious injury, severe property damage, or environmental impairment unless immediate actions are taken to mitigate the effects of the hazard created.

Non-Combustible Material: A material, in the form in which it is used and under the conditions anticipated, that will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat.

Non-NREL Site: Land, buildings, or structures, including installed equipment and utilities, that are used by

CESHQ Manual v.8 Page 3

NREL workers conducting NREL work but are neither leased nor government owned specifically for NREL operations. Examples are sites owned by research partners or other government agencies and used by NREL workers conducting NREL business.

NREL Site: A geographic area owned or leased by or for the account of the federal government for the performance of DOE program activities. This includes extant buildings, infrastructure, and other improvements.

Some of the areas included in the NREL site that are more commonly referred to include the South Table

Mountain (STM) Campus, Flatirons Campus, South Table Mountain Energy Park (STEP), Denver West buildings, Alaska Campus, and the Golden Warehouse.

Qualified Construction Superintendent: Responsible for ensuring that all project subcontractors, including all lower tiers, comply with project safety and health requirements. The construction superintendent is further responsible for coordinating with project subcontractors and other site contractors those safety and health plan elements addressing worksite hazards to which employees of other contractors may be exposed. The superintendent or another duly designated construction contractor representative shall be present on the worksite during the performance of any project work activities.

Qualified Person: One who, by possession of a recognized degree, certificate, or professional standing, or with extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the construction project.

Subcontract Administrator: An NREL employee who is authorized to award and administer a subcontract on behalf of NREL.

Subcontractor Safety Manager: An employee of the subcontractor at the work site who is responsible for compliance with applicable laws and regulations. The qualifications of the subcontractor's safety manager shall be listed in the subcontractor's CESHP. For some projects, the project specifications may require the subcontractor to have the full-time on-site services of a more highly qualified individual (e.g., certified safety professional, qualified person, etc.).

Welding Blanket: A heat-resistant, Factory Mutual (FM) fabric listed, approved, and designed to be placed in the vicinity of a hot work operation; intended for use in horizontal applications with light to moderate exposures—such as that resulting from chipping, grinding, heat treating, sand blasting, and light horizontal welding—designed to protect machinery and prevent ignition of combustibles, such as wood, that are located adjacent to the underside of the blanket.

Welding Curtain: A heat-resistant fabric listed, approved, and designed to be placed in the vicinity of a hot work operation, intended for use in vertical applications with light to moderate exposures—such as that resulting from chipping, grinding, heat treating, sand blasting, and light horizontal welding—designed to prevent sparks from escaping an area.

Welding Pad: A heat-resistant fabric listed, approved, and designed to be placed directly under a hot work operation—such as welding or cutting, intended for use in horizontal applications with severe exposures such as that resulting from molten substances or heavy horizontal welding—designed to prevent the ignition of

CESHQ Manual v.8 Page 4 combustibles that are located adjacent to the underside of the pad.

Worker: A leased worker, subcontractor, independent contractor/consultant, volunteer, or other individual providing construction services to NREL or working on NREL sites.

1.3 Layout and Use of this Manual—Imperative Information

1.3.1 Scope

This manual contains excerpts from, and references to, numerous regulations, codes, and standards that are not presented in their entirety. Similarly, not all ESHQ subject matter is covered in this manual. Each subcontractor is responsible for ensuring compliance with "all applicable requirements" that govern their work at NREL facilities, including any consensus standards incorporated in 10 CFR 851 by reference. If the manual does not contain information relative to a particular ESHQ topic, the subcontractor shall ensure the governing regulatory provisions or national consensus standards, as applicable, are implemented as part of their CESHP. If there is a conflict between requirements, the subcontractor is to apply the most stringent, unless otherwise directed by the

NREL ESHQ POC. Subcontractors are always encouraged to apply best management practices in all endeavors.

1.3.2 Layout of this Manual

The chapters in this manual are arranged according to topic area and, in general, are laid out in the same format.

The chapter will identify who the requirements apply to, the broad regulatory drivers, and the subcontractor's responsibilities.

Each chapter will also identify any requirements specific to the NREL site and/or the DOE. Also presented in each chapter are issues of special emphasis that NREL has identified or for which additional risk control mechanisms are required (e.g., safety plans to be submitted for review and acceptance by the ESHQ POC, or permits required prior to performing work, etc.).

1.3.3 Use of this Manual

It is the responsibility of the subcontractor to know, understand, and plan for the NREL-specific requirements/special emphasis programs. Further, it is the responsibility of the subcontractor to ensure lower-tier subcontractors know, understand, and comply with the requirements identified in this manual.

To help ensure on-going compliance, the prime subcontractor superintendent shall maintain a copy

(hard or electronic) of the current version of this manual on each project. NREL-specific requirements may affect what the subcontractor includes in their AHAs, lockout-tagout (LO/TO), method of procedures (MOPs), etc., and how the subcontractor conducts work and the overall project schedule.

CESHQ Manual v.8 Page 5

2 Program Policy

2.1 Applicability

The requirements of this section apply to all construction subcontractors and lower-tier subcontractors (hereafter referred to as "subcontractor") performing construction activities on NREL sites.

This section provides requirements for identifying key aspects of the subcontractor environmental, safety and health policies to provide all employees with a safe and healthy workplace while also protecting the environment in compliance with DOE and OSHA.

The subcontractor is responsible for flowing down the worker safety and health requirements applicable to the subcontractors at any tier, to the extent necessary, to ensure compliance with the requirements. The subcontractor determines which program requirements should flow down into contracts with their lower-tier subcontractors and incorporate appropriate requirements.

Utility providers who furnish electricity, natural or manufactured gas, water, sewerage, thermal energy, chilled water, steam, hot water, or high temperature hot water that may have power lines installed on site to serve the facility are covered under 48 CFR (FAR) Part 41, are not considered service contractors, and therefore not covered under 10 CFR 851. Utility providers operate under supply contracts rather than contracts for services.

The fact that utility employees sometimes come on site to service power lines does not convert the contract into a service contract.

2.2 Regulatory Requirements

NREL facilities are government-owned or leased facilities and subject to 10 CFR 851 Worker Safety & Health

Program requirements. While the enforcement provisions of OSHA of 1970 do not apply (as NREL facilities are government-owned) DOE has exercised its statutory authority to prescribe that all subcontractors comply with the OSHA Safety and Health Standards for General Industry (29 CFR 1910) and Construction (29 CFR 1926);

DOE will enforce compliance with these standards. The provisions of 10 CFR 851.23 require subcontractors to comply with specific safety and health standards, including:

• CFR 851, Worker Safety and Health Program

• Title 29 CFR, Parts 1904.4 through 1904.11, 1904.29 through 1904.33; 1904.44, and

1904.46, “Recording and Reporting Occupational Injuries and Illnesses”

• Title 29 CFR, Part 1910, "Occupational Safety and Health Standards," excluding 29 CFR

1910.1096, "Ionizing Radiation"

• Title 29 CFR, Part 1926, ''Safety and Health Regulations for Construction''

• American Conference of Governmental Industrial Hygienists (ACGIH), "Threshold Limit

Values for Chemical Substances and Physical Agents and Biological Exposure Indices'' latest edition

CESHQ Manual v.8 Page 6

• American National Standards Institute (ANSI) Z88.2, "American National Standard for

Respiratory Protection'‘ latest edition

• ANSI Z136.1, "Safe Use of Lasers” latest edition

• ANSI Z49.1, "Safety in Welding, Cutting and Allied Processes," Sections 4.3 and E4.3 latest edition

• NFPA 70, "National Electrical Code" latest edition

• NFPA 70E, "Standard for Electrical Safety in the Workplace" latest edition

• NFPA 241 “Standard for Safeguarding Construction, Alteration, and Demolition Operations”

• Title 10 Code of Federal Regulations (CFR) 850, "Chronic Beryllium Disease Prevention

Program"

• CFR 707, “Workplace Substance Abuse Programs at DOE Sites”

• Controlled Substances Act (21 U.S.C. 812)

• Title 21 Code of Federal Regulations (CFR) 1308.11–1308.15

• DOE-STD-1090-2007 Hoisting and Rigging.

Other regulations are listed at 10 CFR 851.23 but may not be applicable depending on the construction activities. It shall be understood that 10 CFR 851 provides the basic foundation for a worker safety and health program and that subcontractors may need to go beyond requirements in establishing programs to protect workers from hazards associated with their activities.

Furthermore, it shall be noted that additional regulatory and NREL requirements are mentioned in the remainder of this manual.

Note: The current version of a regulation or standard applies if the current version is not otherwise shown.

2.3 NREL Specific Requirements

2.3.1 Construction ESH Plan

Each subcontractor performing construction work at NREL is required to develop a CESHP prior to conducting any work activities on site. The subcontractor shall ensure that the requirements in this manual are incorporated into their CESHP and the associated AHAs. The CESHP shall be submitted in accordance with the contract requirements document and undergo a review and concurrence by the ESHQ POC and the NREL project manager (PM) or NREL CM prior to the subcontractor being allowed to start work.

NREL provides each subcontractor with an electronic copy of the CESHP template to be used for their plan. A new CESHP shall be submitted for each construction project, regardless of whether the subcontractor has performed prior work at NREL. The template is provided in electronic format to enable cut-and-paste functions for those subcontractors whose basic data remains unchanged, yet tailor the hazard and controls information

CESHQ Manual v.8 Page 7 pertinent to the activities, materials, and location of the project at hand.

For each separately definable construction activity (e.g., excavations, foundations, structural steel, roofing) the subcontractor shall prepare and have accepted by NREL an AHA prior to commencement of affected work.

Such analyses shall:

• Address further hazards revealed by supplemental site information (e.g., site characterization data, as-built drawings) provided by the NREL PM

• Provide drawings and/or other documentation of protective measures for which applicable Occupational

Safety and Health Administration (OSHA) standards require preparation by a professional engineer or another qualified professional

• Identify competent persons required for workplace inspections of the construction activity, where required by OSHA standards

• Ensure workers are aware of foreseeable hazards and the protective measures described within the AHA prior to beginning work on the affected activity.

NREL recommends using a graded approach in the development of CESHPs. This approach determines the level of rigor for implementing the work planning and control attributes based on the importance/significance of the activity in relation to the associated hazards and consequences. The level of detail within each CESHP and corresponding AHA should be commensurate with the size, complexity, and risk level of the construction project.

Field changes (e.g., red line, pen/ink changes) to the CESHP are acceptable. All affected subcontractor supervision personnel involved in the work being performed shall review the CESHP and apply subsequent changes. The CESHP shall be kept at the worksite.

2.3.2 Safe Work Permit

After the CESHP and AHAs have been reviewed and accepted, a safe work permit shall be issued by NREL.

Subcontractors shall not start work until a safe work permit is issued.

2.3.3 Training and Documentation

For work activities in which specific training is required by safety regulations (e.g., OSHA), the subcontractor shall maintain records readily available on-site, showing proof of current training records for any authorized workers. Designated competent persons are expected to have a higher level of experience, training, and qualifications. Subcontractors shall have in place a mechanism to verify the competent person's knowledge and skill sets match the competent person designation (i.e., written test, training certifications, etc.). NREL has the authority to assess the competent person and revoke the designation if competency is not demonstrated.

Additional requirements to provide verification of worker training are identified on the CESHP template.

Photocopies of training certificates, certification cards, wallet IDs, licenses, etc., identifying the individual, CESHQ Manual v.8 Page 8 the specific training, who conducted the training and the date completed (and/or expiration date) are accepted in lieu of originals.

In addition, NREL may require some projects to have specific qualifications for their designated on-site safety representative (e.g., qualified superintendent, safety professional, Board of Certified Safety

Professionals certification, etc.), depending on the complexity of the project and hazards involved. NREL will identify this requirement in the request for proposal.

2.3.4 Safety Bulletin Boards

The subcontractor is responsible for installing and maintaining a safety bulletin board at the location where most workers report to work. Workers shall be advised of the location of the nearest bulletin board. Workers shall be responsible for reviewing the bulletin board to keep informed of safety-related information. Safety bulletin boards shall be sufficient size to display and post safety bulletins, newsletters, posters, accident statistics, and other safety educational material. At a minimum, the safety bulletin board shall display:

• DOE Occupational Safety and Health Poster DOE-F 5480.2 (Your Rights as a Worker)

• DOE Occupational Safety and Health Complaint Form 5480.4

• Requirements, provisions, and number of the Employee Concern Program Hotline

(Whistleblower Protection)

• Citations and notices as appropriate

• OSHA 300A form during February 1 to April 30

• NREL-furnished safety bulletins and publications

• Stormwater discharge permit notice (as applicable).

Suggested additional items to be posted include:

• Topical safety and health posters

• Minutes of safety meetings

• Information on accidents and lessons learned

• Hazard communication information.

2.3.5 Subcontractor Incident Response and Notification

The subcontractor shall report all incidents involving injury, property damage and near misses, and spills (no matter how minor) to the NREL ESHQ POC and the NREL PM/CM as soon as the scene is stabilized, but in all cases, a notification shall be made without delay. This reporting time frame is necessary to meet DOE notification time requirements to begin any necessary event investigation, scene security, cleanup, and traffic rerouting, etc.

For all emergencies at the NREL sites (excluding the Flatirons Campus), the subcontractor shall contact

CESHQ Manual v.8 Page 9

Laboratory Protection by:

• Utilizing any building red phone

• Dialing extension 1234 from any building landline

• By calling (303) 384-6811 from any outside line (cell phone)

Note: At the STM Campus, DO NOT call 911, as this will cause confusion and delays. The Central

Monitoring Station (CMS) will coordinate and direct the emergency response services to your location.

For work at Flatirons Campus:

• The subcontractor shall call 911 and ask for Boulder County Dispatch.

• Identify your location as the NREL Flatirons Campus and the nature of the emergency. Stay on until directed to hang up.

• Then call security at 303- 384-6811 to provide information on the emergency. All other incident response requirements apply to work at the Flatirons Campus.

An OSHA-compliant emergency action plan (29 CFR 1910.38) shall be maintained at the project location.

A site map showing assembly points and directions to the subcontractor's authorized medical facilities shall be posted on site at the project location (e.g., site project office) and included as part of its CESHP (this should be the last page of the CESHP to facilitate ease of retrieval). Upon award of the work, the ESHQ POC will provide building evacuation routes and assembly areas to include in the CESHP as needed.

2.3.6 NREL Response to Emergencies on Construction Sites

Upon notification of an emergency on a construction site, NREL will provide notification to external and internal responders such as ESHQ and safety and emergency preparedness personnel.

2.3.7 Construction Subcontractor Event Investigation

After the response has occurred, do not disturb the scene, and stabilize and secure it. The subcontractor shall initiate an event investigation and/or participate in the ESHQ event investigation, as determined by NREL.

There is an expectation and responsibility to fully understand what occurred, what caused the event, and identify corrective actions. The subcontractor shall submit an initial report to NREL within 24 hours of the event and follow up with a complete investigation within five business days of the event.

The subcontractor is further responsible for the prompt implementation of corrective actions for deficiencies identified through an ESHQ event investigation, or as reported by DOE, the NREL PM/CM, ESHQ, or other authorities having jurisdiction (AHJs).

2.3.8 Construction Subcontractor Initial Screening Process

All NREL subcontractors and all their lower-tier subcontractors are required to meet preestablished ESHQ risk criteria prior to being awarded a subcontract to perform construction work at NREL sites. This includes the

CESHQ Manual v.8 Page 10

Environment, Safety and Health Offeror or Lower-Tier Risk Evaluation Worksheet submittal as part of construction solicitations. NREL Acquisition Services will forward the worksheet to the ESHQ POC for review and acceptance. The ESHQ POC shall evaluate and assess subcontractors’ or lower-tier subcontractors’ past safety performance, looking at the following information:

• Experience modification rate

• OSHA citations

• Fatalities, multiple hospitalizations, and amputations

• Environmental citations.

NREL reserves the right to consider additional requested information to determine whether the subcontractor or lower-tier subcontractor is accepted or rejected.

The subcontractor is responsible for ensuring all its lower-tier subcontractors' ESHQ Subcontract Risk

Evaluation Worksheets are provided to the NREL ESHQ POC for review and acceptance prior to performing work on an NREL site. Subcontractors and all lower-tier subcontractors must provide and maintain workman’s compensation insurance during the entire performance period of this subcontract.

Additional information regarding the subcontractor screening process can be found on the NREL Construction

Subcontractor website at www.nrel.gov/about/ehs-construction.html.

2.4 NREL Special Emphasis

2.4.1 Integrated Safety Management System

The subcontractor shall incorporate the elements of Integrated Safety Management (ISM) into its CESHP that conforms to NREL's ISM requirements. An effective ISM plan establishes a single system that integrates requirements into the work planning and execution process to protect the workers, public, and the environment.

NREL implements five core ISM functions for work activities that could potentially affect workers, the public, or the environment and applies them as a continuous cycle with the degree of rigor appropriate to address the type of work activity and the hazards involved:

1. Define the Scope of Work. Translate missions into work, set expectations, identify, and prioritize tasks, and allocate resources.

2. Analyze the Hazards. Identify, analyze, and categorize hazards and potential environmental impacts associated with the work.

3. Develop and Implement Hazard Controls. Identify and agree upon standards and requirements, identify controls to prevent/mitigate hazards, establish the ESHQ parameters, and implement controls.

4. Perform Work Within Controls. Confirm readiness and perform work safely and in the prescribed manner to protect workers, the public, and the environment.

CESHQ Manual v.8 Page 11

5. Provide Feedback and Continuous Improvement. Gather feedback on the adequacy of controls from workers and appropriate stakeholders. Identify and implement opportunities for improvement and conduct line management and independent oversight.

Subcontractor program flexibility is understood and encouraged if the subcontractor's program tenets adequately address the spirit and intent of the ISM provisions.

2.4.2 Stop Work Authority

All workers at NREL sites have the authority to stop work and the work of others upon the discovery of immediately dangerous conditions or other serious hazards to workers, the public, or the environment and will not be subject to reprisal or retaliation. Workers have the authority to stop the work immediately and notify their supervisor and ESHQ POC. Work may not proceed until the circumstances are reviewed and deficiencies corrected.

2.5 Subcontractor Responsibilities

As required in 10 CFR 851, the subcontractor shall establish a Subcontractor Worker Safety and Health

Program. Worker protection measures should be based on the use of a graded approach to ensure that available resources are used most efficiently and effectively. A process by which the level of analysis, documentation, and actions necessary to comply with a requirement are commensurate with (1) the relative importance to safety, safeguards, and security; (2) the magnitude of any hazard involved. Subcontractor Worker Safety and

Health Programs shall be integrated into other related site-specific worker protection activities and within the

ISM system. There shall be an open and continuous line of communication between the subcontractor and

NREL to address any unsafe acts or conditions that may arise during the project. Workers shall be instructed to report to the construction contractor’s designated representative hazards not previously identified or evaluated.

If immediate corrective action is not possible or the hazard falls outside of project scope, the subcontractor shall notify affected workers, post appropriate warning signs, implement needed interim control measures, and notify the subcontractor PM and the NREL PM of the action taken. The subcontractor designated representative shall stop work in the affected area until appropriate protective measures are established.

The basis for the implementation of the Subcontractor Worker Safety and Health Program will be contained in the CESHP.

The subcontractor has overall accountability for the safety of its project and shall allocate the resources necessary for implementing all required safety-related requirements and contract/subcontract requirements. The subcontractor shall:

• Follow all NREL site-specific environmental, safety and health requirements and associated permits as defined by this manual.

• Establish ESHQ flow-down requirement in all subcontracts. The subcontractor shall validate that these requirements are accurately and completely flowed down to all subcontractors through training, orientation, direct observation, and other performance assurance methods.

• Implement the appropriate requirements of this manual into the CESHP.

CESHQ Manual v.8 Page 12

• Designate a subcontractor safety manager/designated on-site safety representative to oversee all activities.

• Develop, implement, and/or adhere to AHAs and other pre-job planning documents required by this manual.

• Provide training to employees in safe-work practices.

• Document all required training and have available for review.

• Provide personal protective equipment (PPE) as required, training employees in how to use the equipment and enforcing its use in the field.

• Monitor the workplace for unsafe conditions and take immediate action to correct unsafe conditions, acts, and other deficiencies identified during inspections.

• Perform necessary personal exposure monitoring.

• Coordinate and conduct pre-job planning with subcontractors, field supervisors, affected lab managers, and others, as required.

• Conduct a daily walk around safety inspection and document this inspection.

• Instruct all employees, initially and periodically, on matters pertaining to employee safety and health rights, protections, obligations, and responsibilities.

• During periods of active construction (excluding weekends, weather delays, or other periods of work inactivity), the construction contractor shall have a designated representative on the construction worksite who is knowledgeable of the project's hazards and has full authority to act on behalf of the subcontractor. The subcontractor's designated representative shall make frequent and regular inspections of the construction worksite to identify and correct any instances of noncompliance with project safety and health requirements.

2.6 References

• CFR 851, Worker Safety & Health Program

• 29 CFR 1926, Safety and Health Regulations for Construction

• 29 CFR 1910, Occupational Safety and Health Standards for General Industry.

CESHQ Manual v.8 Page 13

3 ESHQ Meetings, Inspections, and Orientations

3.1 Applicability

The requirements of this section apply to all construction subcontractors and lower-tier subcontractors (hereafter referred to as "subcontractor") performing construction activities on NREL sites unless otherwise specifically exempted by NREL.

3.2 Regulatory Requirements

Subcontractors are responsible for implementing a system for conducting ESHQ meetings, inspections, and employee orientations that will facilitate compliance as applicable with the following statutory requirements:

• 29 CFR 1926, Construction Standard Safety and Health Regulations for Construction

• 29 CFR 1910, Occupational Safety and Health Standards for General Industry

• Environmental Protection Agency Requirements.

3.3 NREL-Specific Requirements

In addition to Section 7.2, all subcontractor ESHQ meetings, inspections, and orientations, as applicable to the scope of the construction work activities and supporting offices/facilities, shall meet the following specific

NREL requirements.

3.3.1 Daily ESHQ Activity Briefings

ESHQ activity briefings shall be held each day prior to the start of work activities. The flexibility exists for each subcontractor to integrate these requirements into their existing program format if the required information is effectively provided to employees and documentation for these briefings and/or meetings is maintained. This may be accomplished through daily construction meetings, plan of the day (POD) meetings (see Section 7.3.2), pre-task activity reviews, or other means which prove to be effective in the dissemination of the required information.

Records of these briefings (i.e., documenting the meeting content and attendance) shall be maintained as a part of the project record and available for review by NREL. All crew members shall acknowledge the disseminated information by signing the attendance roster.

The briefing content shall include, at a minimum, the following topics:

• Changes in work practices or environmental conditions

• Required daily inspection of contractor owned/rented equipment

• Previous day's incidents, near misses, lessons learned, and/or other relevant issues

• Work activities that may impact NREL facilities and/or operations

• New or modified site-wide procedures or requirements

CESHQ Manual v.8 Page 14

• Review of AHA for new activities and/or revised existing AHAs

• Review of construction fall hazard analysis for elevated work and fall protection

• Review pre-job briefing for electrical work (50 VAC or more), including the MOP for LO/TO.

3.3.2 Plan of the Day Meeting

The POD process is required to maintain daily positive control and to establish a high level of communication between subcontractors prior to the start of construction activities for the day. POD shall be submitted to NREL the prior day to work activities starting.

The basis of the POD process is in preplanning. Prime subcontractors and all lower-tier subcontractors shall identify all planned tasks on a POD form. The level of detail shall be appropriate to define all tasks that may present a hazard to people, property, or environment.

All crew members shall acknowledge the POD (daily "tailgate” meeting) by signing an attendance roster for the

POD.

The completed POD shall be submitted to the prime subcontractor for review against conflicting operations, regulatory hold points, and required permits with an acceptable level of detail. The plan shall be submitted (the day before) to ensure that the prime subcontractor can perform a quality review of the plan. A representative for each subcontractor performing work that day shall have submitted their proposed POD to the prime subcontractor superintendent or designee prior to the start of the meeting for review and work approval. The prime subcontractor shall record all of the subcontractors who attended the POD. Subcontractors that are not present at the POD shall not be authorized to perform work until their POD is submitted and approved by the prime subcontractor.

Upon completion of the initial POD/AHA meeting, each subcontractor is required to have breakout sessions

(daily "tailgate" meeting) with each work crew member prior to the start of each work shift, or when an individual arrives at work. The meeting shall include a discussion of the specific POD and corresponding AHA for their work and additional safety topics of interest related to the site. Applicable, additional items identified in

Section 7.3.1 of this manual shall also be discussed.

If, during the course of the day, additional task(s) need to be performed that are not identified on the POD, then the subcontractor's responsible supervisor shall pause work, notify NREL representatives of the change, add this task to the POD, revise the AHA as necessary, receive approval from the prime subcontractor superintendent or designee, and then brief the affected crew of the work task changes and revised AHA. Affected crew members shall initial and date their re-review of the POD/AHA.

3.3.3 Weekly Toolbox Trainings

To facilitate continuous learning and engagement with lower-tiered contractors, the subcontractor shall conduct informal toolbox safety and health training at least weekly for all employees on the worksite. Depending on the size and nature of the project, this may be accomplished in single or multiple sessions. Toolbox discussions may address different topics for different work crews.

CESHQ Manual v.8 Page 15

The subcontractor shall notify NREL of the time and location of all scheduled toolbox training sessions.

Outlines of all toolbox talks shall be prepared by the subcontractor and annotated with the date, time, and names of all employees in attendance. Effort shall be made to capture all employees on site that may have missed the initial session.

3.3.4 Monthly Construction ESHQ Meetings

A monthly construction ESHQ meeting shall be held for all projects exceeding 30 days and shall include attendance by all site subcontractors and lower-tier subcontractor personnel. NREL reserves the right to increase the frequency of these meetings based on project complexity, risk, and/or subcontractor ESHQ performance.

Supervisors, foremen, or other designated personnel shall conduct these meetings. Meetings can be held for the entire project or smaller breakout meetings can be held for each subcontractor and/or craft. A record of each meeting documenting the meeting content and attendance shall be maintained. At a minimum, monthly ESHQ construction meetings shall include:

• ESHQ, health, and job-related issues/concerns related to the work activity

• Summary of relevant lessons learned from NREL and/or other subcontractor projects, as applicable

• Near miss investigations conducted since the last meeting to discuss if the cause of the unsafe acts or conditions were properly identified and corrected

• ESHQ inspection findings since the last meeting

• ESHQ or special emphasis training

• Other relevant ESHQ subject matter as determined by the subcontractor or NREL.

3.3.5 Daily ESHQ Inspections and Permits

The subcontractor shall ensure a qualified superintendent, supervisor, safety manager,…