J-5-Exhibit A.pdf

Exhibit A | March 2024 1 of 11

& Training

The Subcontractor shall coordinate work schedules, site access, and resolution of technical issues with Point of Contact or Installation Coordinator:

Name: David Montanari

Phone: (630) 840-5195

Email: dmontana@fnal.gov

Specific requirements, training, and exemptions

Training Requirements:

LBNF Far Site ES&H Surface and Underground Orientation.

Field Orientation Training.

Underground guide training (for supervisors).

PPE Requirements:

-Hard hat – Type II, safety glasses, class II reflective clothing, construction boot with safety toe, and gloves.

-Underground work will require a cap lamp, Ocenco M-20.3 self-rescuer, Ocenco 75 Emergency Breathing Apparatus for each individual access the underground space.

-Each guide/supervisor is required to carry an oxygen monitor

ESH Program and Oversight Requirements:

- In reference to Section 2.2, this subcontract will require the Subcontractor to submit an ES&H Site Specific ES&H Plan (see bullet N in Section 1.2).

- In reference to Section 1.8, the Subcontractor is required to have a dedicated ES&H representative, that holds no other responsibilities, on site when work is being performed. The ES&H representative shall have a minimum of 10-years of ES&H experience and completed an OSHA 30 Hour construction training certificate.

(see bullet M in section 1.2).

Section 1 – Scope of Work & Coordination

1.1 Point of Contact

1.2 Definitions

1.3 References

1.4 Enforcement

1.5 Subcontractor & ES&H Certificate

1.6 Concern Reporting Process

1.7 Bulletin Board

1.8 Subcontractor’s Competent Person

1.9 Work Completion and Clean-up

Section 2 – Subcontractor’s ES&H Program

2.1 Responsibility

2.2 Environment, Safety, & Health

2.3 Hazard Analysis

2.4 Stop Work Activity

Section 3 – Incident Reporting & Training Requirements

3.1 Incident Reporting & Emergency Response

3.2 Subcontractor Safety & Health Records

3.3 Subcontractor Training

Section 4 – Work Site Conditions

4.1 Site Access

4.2 Permits

4.3 Electrical Power

4.4 Transportation of Equipment and

Materials

4.5 Access and Traffic Ways

4.6 Temporary Heat

4.7 Temporary Lighting and Ventilation

4.8 Water and Sanitation

4.9 Hazardous Material

4.10 Confined Work Space

4.11 Work on Existing Utilities

4.12 Personal Protective Equipment (PPE)

4.13 Burning/Welding/Brazing/Spark Producing

4.14 Open Burning, Fire Barrels, Coal, or

Kerosene Type Salamanders

4.15 Electrical Work

4.16 Oxygen Deficient Hazards

4.17 Radiation Protection

4.18 Environmental Protection

4.19 Smoking

4.20 Drug and Alcohol-Free Work Place

4.21 Fuel Storage Tanks

4.22 Explosives

4.23 Vehicles and Equipment

4.24 SURF Closure

Attachment A – ES&H Plan Certificate Attachment B – Silica Guidance

Table of Contents

EXHIBIT A

For Supply and/or Services Subcontracts – SURF Leased Space

2 of 9 December 2017| Exhibit A

1.0 SCOPE OF WORK & COORDINATION

1.1 Point of Contact

The Fermi Research Alliance, LLC (FRA) Point of Contact shall be the first line of contact with the Subcontractor’s field personnel. He/she is responsible for auditing to ensure that the Subcontractor is following established and accepted Environment, Safety, and Health (ES&H) practices while on site. Point of Contact is assigned for low risk work activities that typically do not require a written job specific Hazard Analysis.

1.2 Definitions

Competent Person: One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate the identified hazardous.

Duties related to ES&H shall take precedence over other duties.

Fermi Research Alliance, LLC (FRA): The entity that manages Fermi National Accelerator Laboratory (Fermilab and leased space) for the U.S. Department of Energy’s (DOE) Office of Science.

FRA ES&H Coordinator: A FRA person responsible for ES&H guidance, periodic construction site visits, support for the FRA Construction Coordinator, and provide oversight of the Subcontractor’s safety program. The ES&H Coordinator will review Hazard Analysis and training documentation for ongoing work activities. Any deficiencies noted shall be brought to the attention of the FRA Construction Coordinator for follow-up with the Subcontractor.

The ES&H Coordinator has authority to stop work activities for imminent danger, fatality, or major environmental release, but does not have authority to direct changes in the work scope of the project or the Subcontractor’s means and methods of construction.

Subcontractor Field Superintendent: One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate the identified hazards. The superintendent’s role is to run the day-to-day operations and control the short-term schedule. In addition, the superintendent includes important quality control and coordination responsibilities with sub-tier contractor/vendors.

FRA also requires the Subcontractor Field Superintendent to have completed an OSHA 30-hour construction safety course. Duties related to ES&H shall take precedence over other duties.

Imminent Danger: A hazard which, if allowed to persist, is likely to cause an accident that will result in death, injury, property damage, or environmental impairment.

FRA Installation Coordinator: A FRA Installation Coordinator will be assigned for subcontracts involving work activities with potential risk. He/she shall be the first line of contact with the Subcontractor’s field personnel, and is responsible for auditing to ensure that the Subcontractor is following established and accepted ES&H practices while on site.

Integrated Safety Management (ISM): ISM is defined as a system for performing work safely and in an environmentally responsible manner. The term “integrated” is used to indicate that the ES&H management systems are normal and natural elements of accomplishing work. The intent is to integrate the management of ES&H with the management of the other primary elements of construction: quality, scope, cost, and schedule. FRA subscribes to the philosophy of ISM by following the program outlined in this section. The ISM core functions are implemented by robust daily work planning of construction activities. The ISM core functions include 1) define the scope of work, 2) identify and analyze the hazards, 3) develop and implement hazard controls, 4) perform work with controls, and 5) provide feedback for continuous improvement. FRA also requires this of Subcontractors and sub-tier subcontractors.

FRA Procurement Administrator: A FRA person responsible for and specifically assigned to the project, who is responsible for negotiating and administering the subcontract terms and conditions.

All modifications to the subcontract shall come from the Procurement Administrator or designee, in writing. The Procurement Administrator or designee is the sole entity that can modify the subcontract or initiate change orders.

Exhibit A | March 2024 3 of 11

FRA Project Manager: A FRA person responsible for managing, phasing, and ensuring the project is meeting key milestones.

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

South Dakota Science and Technology Authority (SDSTA): The entity that manages the Sanford Underground Research Facility.

Sanford Underground Research Facility (SURF):

Underground research facility, located in Lead, South Dakota.

Subcontractor’s Safety Officer/Representative: The Subcontractor’s Safety Representative shall have completed the OSHA 30-hour construction safety course and have a minimum of 10 years of construction experience consistent with the type of activities included in the Statement of Work.

Subcontractor’s ES&H Program: Subcontractor’s site-specific (corporate) company policies and procedures to ensure operations comply with applicable safety and occupational health laws and regulations and protect the safety and health of employees and members of the public.

Stop-Work Order: A definitive statement made openly to another individual that an imminent danger situation exists and therefore, all related work must stop immediately.

1.3 References

The Subcontractor and sub-tiered contractors shall comply with the following reference documents.

The publications referenced herein, form a part of this exhibit and subcontract documents.

a. Fermilab ES&H Manual http://eshq.fnal.gov/manuals

b. 10 Code of Federal Regulations (CFR) 851, DOE Worker Safety and Health Program

c. 10 CFR 835, Occupational Radiation Protection

d. 10 CFR 860, Trespass to Land Owned & Leased by the U.S. Government

e. 10 CFR 708, DOE Contractor Employee

Protection Program

f. 29 CFR 1904, Record Keeping Guidelines for Occupational Injuries and Illnesses

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

h. 29 CFR 1926, Occupational Safety and Health Standards for Construction

i. 40 CFR Protection of the Environment (U.S. EPA)

j. 49 CFR Transportation

k. South Dakota’s Rules of the Division of Motor

Services

l. DOE Order 442.1A, Department of Energy

Employee Concerns Program

m. National Fire Protection Association (NFPA)

Codes and Standards

i. NFPA 70E, Standard for Electrical Safety in the Workplace (2015)

n. American Conference of Governmental

Industrial Hygienists (ACGIH), Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, 2016

o. American Society of Mechanical Engineers:

i. ASME B30 Series, Crane Safety

ii. ASME B31, Standards of Pressure Piping

p. American National Standards Institute (ANSI):

i. ANSI A10, Construction Package

ii. ANSI Z136.1, Safe Use of Lasers

1.4 Enforcement

The describe form requires the Subcontractor acknowledgment and certification of an ES&H program commensurate with the complexity and nature of the work activities. Subcontractor(s) working on DOE-leased space at SURF are subject to DOE civil penalties or contract fee reductions for noncompliance, in accordance with 10 CFR 851 and

10 CFR 835.

The DOE regulation, 10 CFR 851, Worker Safety and Health Program, defines worker safety and health requirements for the DOE contractors and their subcontractors. The Worker Safety and Health Program acknowledgment is part of the ES&H Certificate, reference paragraph 1.5. Additional information can be found at:

http://eshq.fnal.gov/worker-safety-health-for-subcontractors

The U.S. DOE has the authority to exercise enforcement actions on any Subcontractor who http://eshq.fnal.gov/manuals http://eshq.fnal.gov/worker-safety-health-for-subcontractors

4 of 11 February 2024 | Exhibit A violates any requirement set forth in 10 CFR 851 and 10 CFR 835. The Subcontractor may be subject to civil penalties over $100,000 for each such violation.

If any violation is a continuous violation, each day of the violation shall constitute a separate violation for the purpose of computing the civil penalty.

The State of South Dakota Bureau of Administration, Office of Risk Management, has the authority to shut down the site in response to significant incident.

1.5 Subcontractor and ES&H Certificate

In accordance with 10 CFR 851, the Subcontractor shall submit the ES&H Certificate with the pertinent information related to this subcontract. For further instructions, see the attachment at the end of this document.

1.6 Concern and Reporting Process

Whistleblower Protection for Subcontractor Employees:

a. The Subcontractor shall comply with the requirements of the DOE Contractor Employee Protection Program, at 10 CFR Part 708.

b. The Subcontractor shall insert or have inserted the substance of this clause, including this paragraph (b), in lower tier subcontracts, at all tiers, with respect to work performed on any DOE-owned or -leased facility, as provided for at 10 CFR part 708.

c. Concern Reporting Processes: Subcontractor employees on the service work site are entitled to use any of the means available to communicate concerns about ES&H conditions and practices. Information about concern reporting is available on ES&H bulletin boards throughout the leased space, and shall be included with FRA-provided materials for the service work site postings for this project by request. The options for reporting concerns include

d. DOE Concern Reporting

i. Telephone: (630) 840-3281

ii. Email: EmployeeConcerns@science.doe.gov

1.7 Bulletin Board

Subcontractors that have an on-site base of operations are responsible for installing and maintaining a safety bulletin board at the location where the majority of the Subcontractor’s employees, sub-subcontractors, and sub-tier vendors report to work. Information shall include

a. DOE Worker Safety and Health Poster DOE-F

5480.2 (Worker Rights), furnished by FRA.

Spanish versions of the DOE Safety and Health Poster are also available from FRA upon request.

b. DOE Occupational Safety and Health Complain Form 5480.4, available online.

1.8 Subcontractor’s Competent Person

The Subcontractor shall ensure that there is a Competent Person available on site at all times when work is in progress. The Competent Person shall have the knowledge of OSHA standards and other safety-related work practices and procedures.

1.9 Work Completion and Clean-up

The Subcontractor shall complete all work and all clean-up operations in compliance with their ES&H program or as agreed by the FRA representative.

Documentation for all aspects of the ES&H program shall be complete and in place before subcontract closeout. All excess materials, equipment, waste materials, and rubbish shall be properly disposed from the work site.

2.0 SUBCONTRACTOR ES&H PROGRAM

2.1 Responsibility

The Subcontractor has primary line responsibility for providing a safe working environment for its employees. He/she shall provide overview on the program’s effectiveness and take appropriate corrective actions. The Subcontractor has responsibility to ensure sub-subcontractors also comply with the Subcontractor’s ES&H program and the requirements of this exhibit.

2.2 ES&H Program

The program must comply with and encompass all applicable aspects of 29 CFR 1910, OSHA Safety and Health Standards for General Industry, 10 CFR 851, DOE Worker Safety and Health Program, and when applicable, the provisions set forth in 10 CFR 835, Occupational Radiation Protection, 29 CFR 1926, Occupational Safety and Health Standards for Construction, or other regulatory standards. On all subcontracts that have employee(s) on leased site for more than thirty (30), eight (8) hour days in a twelve (12) month period, or when requested, the Subcontractor shall submit to FRA for review and mailto:EmployeeConcerns@science.doe.gov

Exhibit A | March 2024 5 of 11 acceptance a copy of their ES&H (corporate) program description. The program description shall be submitted within 10 calendar days of subcontract award. The written program should describe the following elements:

a. Management Commitment and Leadership

i. Subcontractor’s policy regarding ES&H goals and how these goals are communicated to the employees;

ii. Management commitment of resources to adequately implement the program;

iii. Participation of management in safety meetings, inspections, and documentation;

iv. How ES&H rules are incorporated into site operations; and Enforcement and disciplinary procedures.

b. Assignment of Responsibility

i. Management responsibility for ES&H;

ii. Responsibilities, knowledge and authority of supervisor and competent persons; and

iii. Employee responsibility.

c. Training

i. General requirements;

ii. Supervisor and Competent Person training;

iii. New employee training;

iv. Hazard specific training;

v. Safety meetings; and

vi. Documentation of training

d. Basic Safety and Health Provisions

i. Emergency actions;

ii. Recordkeeping and reporting of injuries;

iii. Housekeeping;

iv. Hazard Communication Plan;

v. Personal Protective Equipment; and

vi. Fire protection and prevention.

e. Hazard Assessment Process

i. How hazards are identified and analyzed;

ii. Preventive controls; and

iii. Inspections.

f. Waste Handling and Disposal

i. Characterization of waste;

ii. Packaging and Labeling requirement; and

iii. Assurance that appropriate transportations and handling facilities will be used.

g. Other Programs Dictated by Scope of Work (e.g.

LOTO, Confined Space, Hearing Conservation).

2.3 Hazard Analysis (HA) & Build Plan

The Build Plans are a fundamental communication tool to ensure field operations are built safely and meet project requirements. The Build Plan contains the critical information from the design drawings and technical specifications. When an installation procedure is not present, Build Plan should be utilized to detail work steps and collect relevant data. The Build Plan will also identify hold points that include inspection or testing requirements. The Build Plan just like JHA or SOP will require the appropriate levels of review and approvals.

A Hazard Analysis (HA) is required for activities that are required for all task activities. An HA details the specific hazards associated with the work activities and mitigating actions (including PPE in accordance with ANSI, OSHA, and NFPA 70E) that the Subcontractor will take to reduce or eliminate the risk of injury. Material Safety Data Sheets (MSDS) or Safety Data Sheets (SDS) and any specific procedures (confined space, LOTO) are to be submitted as part of this HA. The HA shall be submitted for FRA review and acceptance prior to commencement of work.

Each employee will acknowledge reading and understanding the HA by placing his/her signature on the signature page. The HA is a dynamic document which will require modification as the project moves from start to finish. As the HA is updated, the employees must be advised of the new information.

2.4 Stop Work Activity

Any employee may stop a work activity if there is imminent danger of serious injury, fatality, or major environmental release. If the hazard cannot be abated in a timely manner, the work activity shall be stopped and the Installation Coordinator/Point of Contact and Procurement Administrator shall be contacted.

3.0 INCIDENT REPORTING & TRAINING

REQUIREMENTS

3.1 Incident Reporting & Emergency Response

All incidents occurring at the LBNF Far Site must be reported immediately by the Subcontractor to the FRA Installation Coordinator and ES&H Coordinator.

In the event of an actual fire or severe weather, all Subcontractor personnel shall evacuate to a

6 of 11 February 2024 | Exhibit A prearranged safe location as designated by the FRA Installation Coordinator or ES&H Coordinator.

a. All emergencies occurring at the LBNF Far Site must be reported immediately following SURF Emergency Response Procedures and delineated in SURF Orientation training. After the emergency is stabilized, contact the FRA Installation Coordinator and FRA ES&H Coordinator.

b. The Subcontractor shall investigate all incidents.

When required by the Installation Coordinator or Point of Contact, a report must be submitted within two (2) days of accident.

c. A summary of the total hours worked on the project shall be submitted to the Installation Coordinator or Point of Contact on a monthly basis.

d. Subcontractor personnel shall participate in all emergency drills.

e. All emergency egress routes shall be kept clear at all times.

f. In event of a hazardous material spill, the first person to become aware of the spill shall immediately contact the Emergency Response per SURF procedures.

3.2 Subcontractor Safety and Health Records

Subcontractors shall maintain and provide to FRA upon request any and all applicable occupational safety and environmental records. Such records include, but are not limited to, the records required to be maintained by federal/state regulations, OSHA injury/illness logs, training records, inspection records, safety meetings, and accident investigation.

3.3 Subcontractor Training

a. All Subcontractors performing work at SURF shall provide to their employees all necessary ES&H training as may be required by Federal/State regulations and as appropriate for their activities at SURF. FRA will provide appropriate training for site hazards that are unusual for the trade of the subcontractor’s employees, such as training to conduct work in radiation areas or in oxygen deficient areas.

b. The Subcontractor is responsible for assuring that their employees who do not speak English understand all ES&H requirements. The Subcontractor must be able to communicate emergency instructions to those employees.

4.0 WORK SITE CONDITIONS

4.1 Site Access

The Subcontractor shall confine all operations to areas authorized or approved by Fermi Research Alliance (FRA) LLC and South Dakota Science and Technology Authority (SDSTA) who manages Sanford Underground Research Facility (SURF), in the city of Lead, South Dakota.

a. All Subcontractors and sub-tiers working at SURF shall attend LBNF/DUNE Surface and Underground Orientation training. The orientation classes take approximately six

(6) hours to complete. Scheduling of orientation training is through the FRA Installation Coordinator or Point of Contact.

b. For underground work, the Subcontractor will designate, at a minimum, one individual for each work level to receive expanded underground guide training. This training will take approximately three (3) days for a total of twenty-four (24) hours.

c. All personnel will be required to obtain site access ID badges. Real ID will be required to obtain an access ID badge.

4.2 Permits

FRA conducts work through the use of on-site permits. All required permits will be identified by the Installation Coordinator who will arrange for all necessary laboratory permits. This excludes those permits required elsewhere. No work activity shall be performed without the required permits, laboratory, or other. No alarms, safety devices, etc.

will be disabled without prior approval of the Installation Coordinator. The Subcontractor shall make a specific request to the Installation Coordinator at least 48 hours before disablement.

Activities requiring permits include but are not limited to: work notification, electrical work, excavation, burning/welding, modification to drinking water systems, bringing radioactive sources on site, working with/on radioactive material, working in radiological areas, and moving government or Fermilab or SURF property off site.

The Subcontractor will comply with all restrictions or provisions listed on permits.

4.3 Electric Power

Exhibit A | March 2024 7 of 11

The Subcontractor shall provide and pay for telephone service for his requirements. FRA will furnish electric power at 480Y/277V and/or 208Y/120. The Subcontractor will pay the cost of connection to this power source. Installation of the Subcontractor’s electrical distribution will be subject to the approval of FRA.

4.4 Transportation of Equipment and

Materials

The Subcontractor shall be responsible for minimizing any interference with local traffic or FRA operations. Hoists at the Ross Shaft will be available for the movement of people, equipment, and material to the underground spaces.

4.5 Access and Traffic Ways

a. Access to the work shall be via Main Roads only.

Traffic on all paved roads shall be restricted to rubber-tired vehicles only.

b. The Subcontractor shall repair at his expense any damage due to his operations to existing structures such as culverts, fencing, and barricades. The Subcontractor to the satisfaction of FRA shall remove debris or litter on any roads caused by the Subcontractor’s operations immediately. Applicable safety standards shall apply to the use of all existing roads.

4.6 Temporary Heat

The Subcontractor shall provide and pay for installation of temporary heating facilities, fuel, protective coverings, and enclosures as necessary to protect the work. Coal or kerosene type salamanders, pots, and open fires will not be permitted.

4.7 Temporary Lighting and Ventilation

The Subcontractor shall install and maintain temporary lighting and ventilation throughout the project to an extent that permits craftsmen to work without compromise of safe working conditions.

4.8 Water and Sanitation

Industrial water (non-potable) is available at hydrants adjacent to the site. See the FRA Installation Coordinator for arrangements for their use. Domestic water (potable) is not available for drinking purposes.

4.9 Hazardous Materials

Any substance which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating or otherwise harmful, or is likely to cause death or injury shall be considered a hazardous material. The use of hazardous material shall be identified in the Subcontractor’s HA and approved by the FRA Installation Coordinator before use, disposal shall comply with the bid documents and coordinated with FRA’s Installation Coordinator.

4.10 Confined Work Spaces

a. The Installation Coordinator will identify all existing confined workspaces including hazards and entry operations to the subcontractor.

b. If a subcontractor is required to enter a permit-required confined space as part of their contract with FRA, the Subcontractor shall provide the Installation Coordinator with the following records at least 1 week prior to entry:

i. A written copy of their confined space entry program and permit.

ii. Training records for entrants, attendants, and supervisors.

iii. Evidence that all air monitoring equipment is properly calibrated.

c. The Subcontractor must provide all of their own personal protective equipment (PPE), such as lifelines, harnesses, respirators, tripods, ventilators, etc.

d. The Subcontractor shall inform the Installation Coordinator prior to entering the confined space and include any specific permit space procedures the Subcontractor will follow.

e. Once the work is completed, a copy of the Subcontractor’s confined space permit shall be provided to the Installation Coordinator annotated, if unplanned hazards were encountered.

4.11 Work on Existing Utilities

a. No work shall be performed on existing in-service piping systems without prior approval and coordination of the system outage by FRA’s Installation Coordinator. The subcontractor shall make requests for such outages at least 48 hours in advance. Pressure shall be relieved on all piping systems before opening up and starting work. Lockout/Tagout shall be used by the Subcontractor for all valves, blank-offs, and relief lines.

8 of 11 February 2024 | Exhibit A

b. Work on existing utilities and any testing shall be included in the HA.

c. No work shall be permitted unless specified by the job and specific procedures have been submitted and accepted by FRA.

4.12 Personal Protective Equipment (PPE)

The Subcontractor must provide all required PPE to his/her employees and monitor the work site to assure employees are wearing the required PPE.

PPE must be in accordance with ANSI, OSHA, and NFPA 70E as defined on the cover of this document.

4.13 Burning/Welding/Brazing/Spark Producing

A permit is required before a Subcontractor may burn/weld. The Installation Coordinator will contact the SURF and secure a Hot Work permit.

Information concerning the burning/welding permit is listed below:

a. The Subcontractor must arrange for fire watches during burning, welding, or other fire or spark generating work. This fire watch must continue for a minimum of 30 minutes after work is complete.

b. It is the Subcontractor’s responsibility to furnish the proper number and type of fire extinguishers for any welding, cutting, or brazing activities as specified in the Burn Permit.

c. The extinguishers must be located in clear sight and no farther than 50 feet from the work areas.

d. All welding shall be in accordance with the requirements of the American Welding Society (AWS) Standard: Safety in Welding, Cutting, and Allied Process (ANSI/ASC Z49.1-94).

e. UL or FM listed check valves shall be installed on oxygen-fuel torch cutting equipment.

4.14 Open Burning, Fire Barrels, Coal or

Kerosene Type Salamanders

Open burning, fire barrels, coal or kerosene type salamanders, or open flame heating devices that have exposed fuel below the flame are not allowed on the SURF site. The following sets forth the minimum acceptable requirements for temporary heating devices at SURF:

a. Spark arresters shall be provided on all stacks or burning devices having forced drafts;

b. Temporary heating devices, used in any enclosed building, room, or structure, shall be listed by UL, FM, ETL, or other approval-testing laboratory and vented to the outside.

c. Flammable liquid fixed heaters shall be listed by UL, FM, ETL, or other approval-testing laboratory and equipped with a primary safety control to stop flow of fuel in the event of a flame failure. Barometric or gravity oil feeds are not acceptable primary safety controls.

4.15 Electrical Work

The following sets forth the minimum acceptable requirements for work on electrical systems at SURF:

a. All electrical work shall be performed in accordance with NFPA 70E, Standard for Electrical Safety in the Workplace;

b. The Subcontractor personnel must be trained in Lockout/Tagout (LOTO) prior to participating in LOTO of hazardous energy sources and working on LOTO systems or equipment;

c. The Subcontractor shall provide ground fault circuit interrupter protection for electric hand held tools, portable generators, temporary electrical extension cords and other wiring, etc.

d. GFCI protection shall be provided for electric hand-held tools, portable generators, temporary electrical extension cords, and other wiring, etc.

The assured grounding program is not an acceptable alternative.

4.16 Oxygen Deficient Hazards

The following sets forth the minimum acceptable requirements for oxygen deficient hazard (ODH) work:

a. FRA has policies and procedures governing work in ODH areas. The FRA Installation Coordinator will communicate specific requirements and work practices to the Subcontractor.

b. All Subcontractor and sub-tier contractor personnel who must enter designated ODH areas must have and display a level of medical fitness acceptable to FRA prior to entering those areas.

c. FRA will assess the need for ODH training for Subcontractor personnel. If ODH training is necessary, FRA will provide it free of charge.

d. Oxygen monitoring equipment will be supplied to the Subcontractor personnel, as necessary.

The Subcontractor is responsible for returning this equipment upon request or upon completion of the work.

Exhibit A | March 2024 9 of 11

e. FRA will furnish emergency evacuation equipment. Care, use, and the return of such equipment will be the responsibility of the Subcontractor.

4.17 Radiation Protection

The following sets forth the minimum acceptable requirements for radiation protection at SURF:

a. FRA has policies and procedures governing radiological work. The FRA Installation Coordinator will advise the Subcontractor of the requirements and work practices, if potential for radiation affects the work scope;

b. FRA will assess the need for radiological training for Subcontractor personnel. If radiological training is necessary it will be provided free of charge by FRA;

c. Radiation dosimeters will be supplied to the Subcontractor personnel, as necessary. The Subcontractor is responsible for returning this equipment upon request or upon completion of the work;

d. FRA will furnish protective clothing. Disposal of such clothing will be the responsibility of FRA;

e. Prescribed procedures for material handling and segregation shall be followed explicitly.

Potentially radioactive material must be surveyed prior to removal from site. The FRA Installation Coordinator shall coordinate this survey;

f. Metals offered for recycling shall be coordinated with FRA’s Point of Contact or Installation Coordinator.

4.18 Environmental Protection

All work on the SURF site shall comply with all applicable environmental executive orders, laws, regulations, and permits. All Subcontractors and sub-subcontractors shall conduct their activities in an environmentally sound manner that limits the risks to the environment and protects the public health. The following sets forth the minimum acceptable requirements for environmental protection at SURF.

a. Soil Erosion and Sedimentation Control (SESC) requirements for this project;

b. If required, the Subcontractor shall install all erosion control in accordance with SESC plan prior to the start of excavation activities;

c. Excavation at or adjacent to streams’ tributaries, or other drainage outfalls shall be done only after notification to the FRA Installation Coordinator;

d. The FRA Installation Coordinator will inform the Subcontractor if any wetlands are present in work area and what protective measures are necessary;

e. Unexpected environmental impacts shall be immediately reported to the FRA Installation Coordinator and mitigated by the Subcontractor;

f. Flammable and/or combustible liquids, fuels, and oils shall be provided with containment and shall not be stockpiled beyond one day’s usage.

Storage of these materials, plus maintenance and fueling areas used by the Subcontractor, shall be properly graded and maintained and shall be located a minimum of 100 feet away from a wetland or water body boundary so that adverse effects on the environment are eliminated;

g. The Subcontractor shall make routine inspections to assure that all motorized equipment is free of leaks of petroleum and other toxic or hazardous materials. The Subcontractor shall keep sufficient cleanup supplies on hand (e.g. oil dry, absorbent booms, etc.) to contain/absorb any spill or leak of fuels, oils, etc. that could potentially leak from his equipment. If a spill or leak should occur, the Subcontractor should immediately take appropriate steps to contain spills, move equipment out of sensitive areas (near wetland or water body), and immediately notify the FRA Point of Contact or Installation Coordinator;

h. At the close of each workday, the Subcontractor’s Representative shall inspect the complete site to ensure that all erosion controls, drainage patterns, excavations, and staging areas are in environmentally sound condition for the weather conditions anticipated.

4.19 Smoking

All tobacco products and electronic smoking devices are prohibited in all areas on SURF site.

4.20 Drug and Alcohol-Free Work Place

a. All personnel of the Subcontractor, sub-subcontractors, and sub-tiers are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of controlled and

10 of 11 February 2024 | Exhibit A restricted substances. All Subcontractors and Subcontractor’s personnel shall adhere to the Federal Controlled Substances Act (12 USC 8120 and further defined in Federal Regulations 29 CFR 1308.11-3808.15) and stated in the subcontract documents.

b. After damage to property or environment release by the Subcontractor or sub-tier contractor, associated personnel are subject to drug testing and results shall be submitted to the FRA Point of Contact or Installation Coordinator.

4.21 Fuel Storage Tanks

The following sets forth the minimum acceptable requirements for vehicles and equipment at SURF:

a. Above ground fuel storage tanks for construction vehicles shall not be permitted on the SURF site;

b. Fuel tanks mounted on pick-up trucks shall conform to the requirements of the South Dakota State Fire Marshall’s Office;

c. Fuel tanks mounted on pick-up trucks shall be removed from the SURF site at the end of each workday;

d. Refueling of equipment while the motor is running is prohibited;

e. During refueling from truck-mounted fuel tanks or with portable fuel cans, etc., a 10-pound (minimum) A-B-C dry chemical fire extinguisher must be present;

f. Maintenance and fueling areas used by the Subcontractor shall be properly graded and maintained and shall be located a minimum of 100 feet away from a wetland or water body boundary to avoid adverse effect on the environment.

4.22 Explosives

The use of explosives is not permitted without prior written approval of the FRA and SDSTA.

4.23 Vehicles and Equipment

The following sets forth the minimum acceptable requirements for vehicles and equipment at SURF:

a. Operators must have an appropriate, valid driver’s license when operating vehicles on site.

Seat belts are required to be provided and worn for the operators and passengers of all vehicles;

b. All vehicles and mobile powered equipment, except automobiles and pickup trucks, shall have reverse signal alarms (a.k.a. backup alarms) audible above the surrounding noise level. If backup alarms are not present on the equipment, a spotter (other than the driver of the vehicle) must be present to warn pedestrians and the drivers of other moving equipment;

c. If required by the equipment manufacturer, roll over protection structures shall be provided;

d. Personnel lifts must be equipped with audible motion alarms. These alarms must be in operation and audible over the surrounding ambient noise when the lift is in use.

Additionally, all lifts require two distinct actions in order to make the lift move in a forward or backward direction or in an upward or downwards direction. A foot pedal is considered one of the actions if independent of the other controls;

e. The equipment manufacturer must approve any modifications to lifting and hoisting equipment;

f. All hand and power tools must be checked prior to use on each shift to assure that they are maintained in a safe condition. Any deficiencies shall be repaired, or defective parts replaced, before continued use.

g. Equipment inspection and modification (The Subcontractor shall comply with 29 CFR 1910.169, 1910.176, and 1910.178 and when applicable, the provisions set forth in 29 CFR 1926.600, Subpart O):

i. The Subcontractor must inspect all heavy equipment before use on site, prior to use on each shift, and during use to make sure it is in safe operating condition. Defective equipment shall be removed from service;

ii. The Subcontractor is to assure that regulatory inspection records are complete and up-to-date and that operating manuals are available;

iii. In no case shall the original safety factor of the equipment be reduced.

h. All tools and equipment brought on site by the Subcontractor are subject to inspection by FRA.

Items found to be out of compliance shall be repaired or immediately removed from service, tagged out of service.

4.24 SURF Closure

Exhibit A | March 2024 11 of 11

The SURF site is closed for major holidays, and no construction activities shall occur on these days:

New Year’s Day – January 1st Martin Luther King Jr. Day – 1st Monday after January 15th Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – 1st Monday in September Thanksgiving Day – 4th Thursday in

November Day After Thanksgiving – Friday after

Thanksgiving Christmas Eve (1/2 Day) – December 24th Christmas Day – December 25th New Year’s Eve (1/2 Day) – December 31st

If any these holidays occur on a weekend day, a week day will be used for the holiday.

August 2022 1

Attachment A

Environment, Safety, and Health Certification (ESHC)

Signature (Subcontractor) Subcontractor’s Name Dated

FOR ALL EMERGENCIES CALL:

Emergency Contact number: SURF Emergency Response Protocol

For all incidents, injuries, property damage, near-misses, work-induced illness or chemical over-exposures, the Installation Coordinator or Point of Contact MUST be immediately contacted upon scene stabilization, but in all cases within one hour.

ACKNOWLEDGMENT of 10 CFR 851 As a subcontractor to FRA, you must meet the requirements of Title 10, Code of Federal Regulations, “Energy,” Part 851, “Worker Safety and Health Program.” As such, you must be aware of, and comply with, the requirements of this regulation. (Link to 10 CFR 851)

Acknowledgment I, Enter Subcontrator - Company Officer, certify that that I have read the requirements of 10 CFR 851 and attest that my firm and sub-tier contractors will comply with the requirements.

Yes No

MEDICAL SURVEILLANCE AND QUALIFICATION

Occupational Medicine Will you have any employees that will work on-site for 30, eight-hour days in a

12-month period, or are enrolled for any length of time in a medical or exposure monitoring program required by federal, state, or local regulations (including hearing conservation, respiratory protection, lead exposure)?

Yes No

If yes, you will need to:

1. Comply with the occupational medicine requirements of 10 CFR 851, Appendix A

2. Provide your occupational medicine provider contact information. FRA has identified five medical facilities on the attached map. Highlight the facility to be used, or identify and map an alternate. Post the map at the job site and annotate the address for the designated facility on the map.

Clinic/Physician Enter the name and address of your company's occupational medicine provider for this project

Enter telephone number:

xxx-xxx-xxxx

Enter e-mail address:

user@domain

Required Medical Surveillance Task-Specific Medical Testing

DOT/Commercial Vehicle Blood Lead Hearing Conservation Respirator User Fit For Duty Other(s) :List other(s) Substance Abuse Testing

List specific task(s) requiring medical surveillance

August 2022 1

Attachment B Silica Guidance

I. Purpose: To protect employees, Subcontractors, sub-subcontractors, sub-tier contractors, the public, environment, and property from the detrimental effects of dust and respirable crystalline silica generated by construction, restoration, and maintenance activities.

A. As required by 29 CFR 1926.1153, Subcontractors must have a written silica exposure control plan.

The plan shall be submitted to Fermi Research Alliance, LLC (FRA) and include:

i. Tasks performed that involve exposure to respirable crystalline silica.

ii. Engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica.

iii. Housekeeping measures used to limit employee exposure to respirable crystalline silica.

iv. Procedures used to restrict access to work areas to minimize the number of employees exposed to respirable crystalline silica.

B. FRA and its Subcontractors are required by law, 10 CFR 851, to comply with the American

Conference of Governmental Industrial Hygienists (ACGIH) threshold limit value (TLV) of 0.025 mg/m3 for an 8-hour time-weighted average (TWA).

C. Subcontractors must comply with the requirements outlined in the Guidance for Silica Work table at the end of this Appendix, unless the Subcontractor has air monitoring data or other objective data sufficient to accurately characterize employee exposures to respirable crystalline silica.

II. Controls: In all cases, engineering controls that reduce dust at the source where it is being generated shall be the control of choice. The Subcontractor must document how that determined that controls are valid.

A. Safety and Effectiveness of Dust Control Systems

i. Procedures shall be implemented to ensure that dust control systems maintain their effectiveness for dust reduction throughout the work activity.

ii. Dust control system shall be installed, operated, and maintained in accordance with manufacturer recommendations when there are such.

iii. When electrical tools are used with water as dust control system, it shall be done in accordance with applicable requirements of electrical safety.

iv. Respirators shall be worn until effectiveness of dust control system are proven through industrial hygiene monitoring.

B. Dust Collection/Management

i. Dust shall be contained and disposed of in bags that can effectively hold dust without breaking.

ii. Work surfaces and clothing shall be cleaned with vacuums and not by dry sweeping or the use of compressed air.

iii. Respirators shall be worn when changing out bags or handling dust.

III. Evaluating the Effectiveness of Controls

A. As soon as possible after the beginning of cutting or grinding tasks, the Subcontractor shall conduct personal air monitoring or workers performing the cutting/grinding work activities. An industrial hygienist shall perform the monitoring and must be consulted prior to the execution of work.

Attachment A – ES&H Certificate August 2022 2

B. Once initial monitoring is performed to assure the effectiveness of controls, then work activities can continue without additional monitoring.

C. The Subcontractor shall conduct daily visual inspections of the site for the presence of visible dust that appears during grinding and cutting work activities. The presence of such dust is a sign that the controls are not performing as intended.

D. A copy of the monitoring results/report shall be submitted to FRA.

IV. Training: Operations include using powered tools or equipment to cut, grind, core, or drill concrete or masonry materials, and the following training is required:

A. Proper use and maintenance of dust reduction systems, including the safe handling and disposal of waste materials collected with their use.

B. The importance of good personal hygiene and housekeeping practices when working in proximity to dust from concrete and masonry materials including: not smoking tobacco products including e-cigarettes, appropriate methods of cleaning up before eating, and appropriate methods of cleaning clothes.

C. Have training, medical evaluation, and fit-test documentation/records on site for workers that are using respirators.