Exhibit_F_SVM_Final.pdf
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Exhibit F SVM FInal
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Exhibit F - February 2018, Rev 1
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EXHIBIT F
Environmental, Safety, and Health Requirements for High or Moderate Consequence WorkConstruction, Demolition, Remediation, Maintenance, Repair or Service This document establishes the Environmental, Safety, Health, and Waste Management requirements for High or Moderate Consequence Work. To perform subcontract work at LANL, SUBCONTRACTOR is required to comply with CONTRACTOR's 10 CFR 851, Worker Safety and Health Program, environmental permits, agreements, orders, and waste management processes the requirements of which are set forth in this Exhibit. To the extent that the Exhibit requires the submission of supplementary SUBCONTRACTOR's Site-Specific ES&H plans, the SUBCONTRACTOR shall consolidate such ES&H plan elements and submit the complete SUBCONTRACTOR's Site-Specific ES&H Plan to the CONTRACTOR where required.
The SUBCONTRACTOR's Site Specific ES&H Plan shall be submitted to the CONTRACTOR for review and must be approved prior to issuance of Notice to Proceed. Submittal of the SUBCONTRACTOR's corporate or company ES&H Plan/Procedure/Policy is not an acceptable alternative to a Site-Specific ES&H Plan that is specific to the Scope of Work and associated consequences for the work under this Contract at the Los Alamos National Laboratory.
Note: The CONTRACTOR will subject scopes of work as defined in P351, Permits and Requirements Identification, Section 2.2 - Applicability to review using the LANL Integrated Review Tool (IRT) and attach those requirements to Exhibit D Scope of Work: Laboratory Requirements. Should requirements between this attachment and Exhibit F be found, then the requirements so stated in Exhibit D will be governing.
Q1 Is this work Construction, Demolition, Remediation or contain elements of these types of work?
Q2 Does the work scope include any of the following?
Work on live electrical equipmentWork on adjacent, identical, live/de-energized electrical equipment Hoisting and rigging potentially requiring Critical Lifting IAW DOE STD-1090-2007 or 2011 Any other work representing a high hazard/complex (consequence) in P300 Integrated Work Management Hazard Grading Table (Table B1 Number 1) This Work is High Consequence This Work is Moderate Consequence Q3 Is this work scope for the installation, maintenance, or warranty work on programmatic equipment?
The work scope MAY NOT include the following:
Powered Industrial Equipment / Major EquipmentOutdoor Work in Inclement Weather ConditionsScaffoldingPenetrations of Floors Walls, Ceilings, or Blind PenetrationsExcavation, Trenching and/or Soil DisturbanceCranes, Hoists, Lifting Devices and Rigging EquipmentSuspended Personnel PlatformsTraffic or Pedestrian ControlWastewater DischargesStorm Water ManagementAir Emissions / Sources Requiring Separate PermittingPesticide or Herbicide ApplicationConstruction, Demolition, or Renovation Q4 Does the scope, hazards, duration and independence of subcontracted work (unescorted access, round the clock service availability without escort, etc.) of the scope of work require a Site-Specific ES&H Plan to address hazards and controls?
The SUBCONTRACTOR will disregard references to a Site Specific ES&H Plan and will not be required to produce one.
GENERAL REQUIREMENTS
The following clauses ALWAYS apply and are made part of the Subcontract.
No. Title F1.0 General Requirements F2.0 Subcontractor’s Site-Specific ES&H Plan F3.0 Subcontractor and Lower-Tier Subcontractor Minimum Performance Eligibility F5.0 Incident or Injury Illness Recordkeeping and Reporting Requirements F6.0 Injury/Illness Record-keeping and Reporting (SUBCONTRACTOR is required to report all job related injuries and illnesses, regardless of severity, immediately to the STR using DOE F 5484.3.)
(SUBCONTRACTOR is also required to submit a weekly productive man-hours report to the STR every Monday for the preceding week using Attachment F6-1, Weekly Productive Man Hour Report.) The STR must send this information to LANL OSH-OH, MS K485 per Contractor provided guidance.
F7.0 Employee Training F8.0 ES&H Meetings/Pre-job Briefings/Daily Briefings F9.0 ES&H Inspections F10.0 Housekeeping F11.0 Emergency Preparedness Requirements (SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, Emergency Procedures.)
F12.0 Personal Protective Equipment F15.0 Occupational Medicine (OM) Services F17.0 Tools and Equipment F18.0 Inclement Weather F20.0 Work Management (SUBCONTRACTOR must submit Attachment F20-1, the Integrated Work Document Form 2100A, to the CONTRACTOR's ES&H representative and the STR/requester for approval.)
F21.0 Fire Protection & Prevention (SUBCONTRACTOR must submit, as part of the Site-Specific ES&H Plan, a Fire Protection / Prevention Plan) F38.0 Pollution Prevention/Waste Minimization F39.0 Waste Management/Disposal F40.0 Reserved F42.0 Spill Prevention, Reporting and Response F48.0 Reserved F59.0 Safety and Environmental Performance F62.0 Attachments
SPECIAL REQUIREMENTS
The following clauses apply based on the Nature and Scope of Work.
The STR/Requestor will answer questions and provide information to the best of their knowledge based on the nature and scope of work. Where a question is selected or answered Yes, the referenced clause applies and is made part of the Subcontract. If the question is not selected or answered No, the referenced clause is NOT part of the Subcontract.
F4.0 Subcontractor ES&H Representative Duties and Responsibilities NOTE: Submittal of the qualifications of the ES&H Professional, the ES&H Specialist or Representative, and/or the Environmental Professional must be approved by the Contractor prior to the issuance of the Notice to Proceed.
F13.0 Respiratory Protection
13.1 If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a Respiratory Protection Program.
F14.0 Hearing Conservation Program
14.1 If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a Hearing Conservation Program.
F16.0 Motor Vehicles & Powered Industrial Equipment (heavy equipment, forklifts, etc.)
16.1 If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a compliance program to meet 1910.178 and/or 1926.600.
Will major equipment be brought on site?
| 16.2 | If yes, SUBCONTRACTOR shall complete Attachment F16-1, Major Equipment Declaration. |
| F19.0 | Chemical and Hazardous Materials Management |
| 19.1 | If yes, SUBCONTRACTOR must have approval from CONTRACTOR for chemicals prior to their introduction into the work site and shall submit, as part of the Site-Specific ES&H Plan, a Hazard Communication Plan. |
| F22.0 | Welding, Cutting, Brazing, and Grinding |
22.1 If yes, SUBCONTRACTOR and CONTRACTOR shall jointly prepare and submit Attachment F22-1, Spark- or Flame-Producing Operations Permit (Form 1563).
| F23.0 | Fall Prevention/Protection Program |
| 23.1 | If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a Fall Prevention/Protection Program. |
| F24.0 | Scaffolding |
| 24.1 | If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a Scaffolding Procedure that meets the requirements of 1926.450. |
| F25.0 | Portable Ladders |
Will the work involve the use of portable ladders?
F26.0 Barricades
| F27.0 | Floor and Wall Openings |
| F28.0 | Excavation, Trenching, and/or Soil Disturbance |
| 28.1 | If yes, SUBCONTRACTOR must obtain an Excavation/Soil Disturbance Permit from the CONTRACTOR. |
| F29.0 | Confined Spaces |
| 29.1 | If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a Confined Space Program which includes the CONTRACTOR's Confined Space Training, or a CONTRACTOR approved equivalent. |
| F30.0 | Lockout/Tagout |
Will the work require the use of Lock-out/Tag-out?
| 30.1 | If yes, the SUBCONTRACTOR must follow the CONTRACTOR’s Lockout/Tagout Program. |
| F31.0 | Blind Penetrations |
31.1 If yes and the work involves Class 2 penetration, SUBCONTRACTOR and CONTRACTOR shall jointly prepare a CONTRACTOR Penetration Permit, Attachment F31-1 (Form 2074).
| F32.0 | Cranes and Material Handling Equipment |
| 32.1 | If yes, SUBCONTRACTOR must submit, as part of the Site-Specific ES&H Plan, the appropriate Lift Plan. |
| F33.0 | Suspended Personnel Platforms |
| 33.1 | If yes, SUBCONTRACTOR must submit, as part of the Site-Specific ES&H Plan, the appropriate Lift Plan. |
| F34.0 | Aerial Work Platforms |
| F35.0 | Pressure Safety Including Compressed Gases |
| 35.1 | If yes, SUBCONTRACTOR must notify CONTRACTOR prior to bringing on site and SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a Gas Cylinder Use and Storage Procedure that meets requirements of Compressed Gas Association. |
F36.0 Electrical Safety Will there be electrical work or electrical testing performed?
36.1 If yes and SUBCONTRACTOR’s IWD includes electrical work, it must be approved by a LANL ESO and ESO signature on Attachment F20-1, Integrated Work Document (IWD) Subcontract Activity Specific Information (Form 2100A). Subcontractor electrical training must be approved by LANL Chief ESO or designee on Attachment F36-0, Electrical Training Documentation for Subcontractors.
Will there be work that involves other special electrical hazards (Direct Current, Radio Frequency Current (3 kHz – 300 GHz), Variable Frequency Drives, Storage Batteries and Uninterruptible Power Supplies, Capacitors, Inductors or Research and Development Equipment)?
36.2 If yes, SUBCONTRACTOR must follow the CONTRACTOR’s Electrical Safety Program and If yes and SUBCONTRACTOR’s IWD includes electrical work it must be approved by a LANL ESO and ESO signature on Attachment F20-1, Integrated Work Document (IWD) Subcontract Activity Specific Information (Form 2100A). Subcontractor electrical training must be approved by LANL Chief ESO or designee on Attachment F36-0, Electrical Training Documentation for Subcontractors.
| F37.0 | Traffic and Pedestrian Control |
| 37.1 | If yes, SUBCONTRACTOR must submit, as part of the Site-Specific ES&H Plan, a Traffic Control Plan. |
| F39.0 | Waste Management/Disposal |
Type of Work Additional options for Subcontracts with lower risk factors.
Select one:
F40.0 Work Within the Boundary of a Potential Release Site (PRS) Will the work be conducted within the boundary(s) of a known Potential Release Site?
| F41.0 | Wastewater Discharges |
| 41.1 | If yes, SUBCONTRACTOR must follow the CONTRACTOR's permit or discharge plan. |
| F43.0 | Storm Water Management |
| 43.1 | If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, a Notice of Intent to Discharge Storm Water (NOI) and assist CONTRACTOR with development of a Storm Water Pollution Prevention Plan [SWPPP].) |
| F44.0 | Air Quality |
| F45.0 | Biological Resources Protection |
Will the work impact directly or indirectly threatened or endangered species, migratory birds, or protected habitats (including wetlands and/or floodplains)?
| F46.0 | Cultural Resources Protection |
| F47.0 | Pesticide and Herbicide Application |
| F49.0 | Radiological Requirements |
49.1 If yes, SUBCONTRACTOR shall comply with the requirements of 40 CFR 61, Subpart H, 10 CFR 835 and the CONTRACTOR Radiation Protection Program.
F50.0 Radioactive Sealed Sources and/or Radiation Generating Devices
50.1 If yes, SUBCONTRACTOR shall notify the CONTRACTOR STR for approval prior to bring the sealed source on site, Exhibit Subclauses F49.1 through F50.5 apply.
| F51.0 | Asbestos Abatement |
| 51.1 | If yes, SUBCONTRACTOR must submit, as part of the Site-Specific ES&H Plan, an Asbestos Abatement Plan (AAP) to the CONTRACTOR for approval. |
| F52.0 | Industrial Hygiene |
| 52.1 | If yes, SUBCONTRACTOR shall submit, as part of the Site-Specific ES&H Plan, an Industrial Hygiene Program which includes at a minimum the elements listed in Subclause F52.1 to the CONTRACTOR for approval. |
| F53.0 | Beryllium |
53.1 If yes, SUBCONTRACTOR shall comply with the requirements of 10 CFR 850 “Chronic Beryllium Disease prevention Program (CBDPP)” and the CONTRACTOR’s CBDPP.)
F54.0 Explosives Storage/Use/Disposal Will the work require the use of high explosives, blasting agents or compounds, propellants (excluding hand held powder operated tool cartridges 32 cal. and less) or the storage and/or use of chemicals regulated by the BATFE as explosives?
| F55.0 | Heavy Metals |
| F56.0 | Firearms Safety |
Will the work require the use of firearms or destructive devices as defined in Title 18 USC Chapter 44 Firearms?
Is the use of firearms for research and development purposes?
| 56.1 | The use of firearms by Subcontractors for purposes other than research and development is expressly prohibited under this Exhibit F. Contact the Exhibit F Office for instructions. |
| F57.0 | Biological Safety |
| 57.1 | If yes, SUBCONTRACTOR must submit, as part of the Site-Specific ES&H Plan, an Exposure Control Plan (ECP) to the CONTRACTOR for approval. |
| F58.0 | Laser Safety |
| F60.0 | Refrigerants |
| F61.0 | Demolition, Remodeling or Renovation |
| 61.1 | If yes, the work is considered High Consequence work. |
By affirming "Yes" below, your response to Q1 will be set to "Yes." Please return to Q1 (page 1) and answer all questions regarding high consequence work.
61.1 Please return to Q1 (page 1) and answer all questions regarding high consequence work.
Site Entry Requirements or Area Hazards and Controls
CONTRACTOR STR/Requester shall complete Attachment F1-0, Integrated Work Document (IWD) Part 2, FOD Requirements and Approval for Entry and Area Hazards and Controls, Non-Tenant Activity (Form 2101).
Note: If there are Site Entry Requirements or Area Hazards and Controls, Form 2101 must be completed and included in the work package by the STR/Requester.
Required SignaturesNote: Place N/A and initials when a representative signature is not required.
Subcontract Technical Representative/Requestor Safety Representative IH Representative RP Representative Deployed Environmental Professional
EXHIBIT “F”
ENVIRONMENTAL, SAFETY, AND HEALTH REQUIREMENTSPART I: COMMON CLAUSES
Note: References herein to 10 CFR 851 or subparts thereof refer to Title 10 of the Code of Federal Regulations, Part 851 Worker Safety and Health Program.
F1.0 General Requirements
1.1 For the purpose of this Exhibit, environmental, safety, and health (ES&H) protection encompasses industrial hygiene and safety, and environmental protection, compliance, pollution prevention, and waste management/minimization. The term “SUBCONTRACTOR” includes the SUBCONTRACTOR, its employees and any sub-tier subcontractors and their employees. The term “GOVERNMENT” for the purposes of this Exhibit applies to agencies and personnel of the United States Government, such as the Department of Energy (DOE), the National Nuclear Security Administration (NNSA), and the Department of Defense (DoD).
1.2 SUBCONTRACTOR shall have sole responsibility for implementing the SUBCONTRACTOR’s written Site-Specific ES&H plan as approved by the CONTRACTOR. Neither the CONTRACTOR nor the GOVERNMENT shall be responsible for supervising the implementation of SUBCONTRACTOR’s Site-Specific ES&H plan and neither CONTRACTOR nor the GOVERNMENT shall have responsibility for the safety and environmental compliance of the SUBCONTRACTOR, its employees or its lower-tier suppliers’ or subcontractors’ employees. The SUBCONTRACTOR shall not commence work on site until the SUBCONTRACTOR’s written Site-Specific ES&H plan is approved by the CONTRACTOR and a Notice to Proceed has been received by the SUBCONTRACTOR.
1.3 When performing work at sites controlled/managed by CONTRACTOR or the GOVERNMENT, the SUBCONTRACTOR shall comply with all applicable Federal, State, and Local laws and regulations protecting workers, air, water, soil, and those governing land use, waste management/disposal, and chemical and pesticide usage.
1.4 The requirements for the SUBCONTRACTOR in accordance with CONTRACTOR’s 10 CFR 851, Worker Safety and Health Program are contained in this Exhibit. Nothing in this Exhibit must be construed as relieving SUBCONTRACTOR from complying with any additional specific safety and health requirement that SUBCONTRACTOR determines to be necessary to protect the safety and health of workers. Some, but not all of the 10 CFR 851 requirements are set forth in this Exhibit. Even if not specifically set forth in this Exhibit, SUBCONTRACTOR is required under 10 CFR 851 to comply with the following regulations and safety and health standards that are applicable to the hazards of its work:
10 CFR 850, Chronic Beryllium Disease Prevention Program 29 CFR Part 1904.4 through 1904.11, 1904.29 through 1904.33, 1904.44 and 1904.46 – Recording and Reporting Occupational Injuries and Illnesses 29 CFR Part 1910, Occupational Safety and Health, excluding 1910.1096, Ionizing Radiation 29 CFR Part 1926, Safety and Health Regulations for Construction29 CFR Part 1928, Occupational Safety and Health Standards for Agriculture American Conference of Governmental Industrial Hygienists (ACGIH), ‘‘Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices’’ (2005)ANSI Z88.2, Respiratory Protection (1992)ANSI Z136.1, Safe Use of Lasers (2000)ANSI Z49.1, Safety in Welding, Cutting and Allied Processes, Sections 4.3 and E4.3 (1999)NFPA 70E, Standard for Electrical Safety in the Workplace (2015) American Society of Mechanical Engineers (ASME) Boilers and Pressure Vessel Code, Sections I through XII, including applicable Code Cases, (2004)ASME B31 (ASME Code for Pressure Piping) as follows:B31.1-2001-Power Piping, and B31.1a-2002 Addenda to ASME B31.1-2001; B31.2-1968-Fuel Gas Piping;B31.3-2002-Process Piping;B31.4-2002-Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids;B31.5-2001-Refrigeration Piping and Heat Transfer Components, and B31.5a-2004, Addenda to ASME B31.5-2001;B31.8-2003-Gas Transmission and Distribution Piping Systems;B31.8S-2001-Managing System Integrity of Gas Pipelines;B31.9-1996-Building Services Piping;B31.11-2002-Slurry Transportation Piping Systems; andB31G-1991-Manual for Determining Remaining Strength of Corroded Pipelines.DOE Manual 231.1B, Environment, Safety and Health Reporting Manual, May 13, 2013DOE Standard DOE-1212-2012, Explosives Safety, June 2012
1.5 In accordance with 10 CFR 851.10(a), the SUBCONTRACTOR must provide a place of employment that is free from recognized hazards that are causing or have the potential to cause death or serious physical harm.
1.6 SUBCONTRACTOR shall have responsibility for taking action as is necessary to assure compliance with state and federal environmental laws, Laboratory environmental and waste management requirements identified in Exhibit D Statement of Work; and Department of Energy Orders related to environmental compliance and waste management. Where determined necessary by the scope, nature, location, or methods of work the requirements contained in this Exhibit F will be supplemented by the CONTRACTOR through attachment of the results generated by the LANL Integrated Review Tool (IRT) to Exhibit D Statement of Work; Laboratory Requirements.
1.7 In the event of any SUBCONTRACTOR non-compliance, including environmental or waste management violations, all such measures taken by the CONTRACTOR to correct the violations shall be at the SUBCONTRACTOR’s expense, and the cost thereof, including any stipulated penalties resulting from non-compliance, shall be deducted from payments otherwise due to SUBCONTRACTOR.
1.8 CONTRACTOR is dedicated to the concept that all accidents are preventable. Accordingly, CONTRACTOR is committed to a goal of zero accidents through continuous improvement practices. This "Zero Accident Performance" goal, including zero non-permitted releases and zero regulatory non-compliance with respect to protection of the environment, is an expectation of all SUBCONTRACTORS in the performance of their work. In accordance with 10 CFR 851.20(a)(1), SUBCONTRACTOR shall adopt the following “Zero Accident Performance” objectives:
1.8.1 Strive to eliminate all injuries, illnesses, and adverse impacts to the environment.
1.8.2 Promote environment, safety, and health (ES&H) objectives as a constant value in designing, planning, training, and executing work through the Integrated Safety Management (ISM) process (see Subclauses F1.11 and F1.12).
1.8.3 Spread ownership for the ES&H program effectiveness throughout the SUBCONTRACTOR’s teams.
1.8.4 Enhance employee awareness and involvement in their ES&H program implementation.
1.8.5 Enforce employees’ consistent use of safe practices in their daily work activities.
1.8.6 Optimize the use of continuous improvement practices as the basis for "Zero Accident Performance" initiatives.
1.8.7 Demonstrate to CONTRACTOR that SUBCONTRACTOR is dedicated to safety and environmental compliance excellence.
1.8.8 Expect senior management to demonstrate leadership and direction for “Zero Accident Performance” implementation.
1.8.9 Ensure all SUBCONTRACTOR employees are empowered to implement and consistently strive for the “Zero Accident Performance” goal.
1.8.10 Ensure SUBCONTRACTOR management is accessible to employees for ES&H concerns.
1.8.11 SUBCONTRACTOR workers may report safety, health, or environmental concerns to the LANL Safety Concerns Hotline at 505-665-7233 (email safety@lanl.gov), or to the DOE Los Alamos Field Office at 505-606-0873, or to the DOE Albuquerque Employee Concerns Hotline at email: ecp@doeal.gov or 1-800-688-5713.
In accordance with DOE O 442.2 Chg 1 Differing Professional Opinions for Technical Issues involving Environmental, Safety, and Health Technical Concerns, if a SUBCONTRACTOR worker has a differing professional opinion on a technical issue related to environment, safety and health, it can be reported to:
Jeffry Roberson, Deputy Associate Administrator for Safety (NA-51/FORS) National Nuclear Security Administration, U.S. Department of Energy 1000 Independence Avenue, SW Washington, DC 20585 Email Jeffry.Roberson@nnsa.doe.gov or call 301-903-9228
The DPO process and DPO Submittal Form may be found at: http://www.energy.gov/ehss/doe-differing-professional-opinions.
1.8.12 SUBCONTRACTOR and CONTRACTOR workers have the right and responsibility to Pause Work or, if necessary, Stop Work in accordance with 10 CFR 851.20(a)(9) and LANL Policy without fear of reprisal when:
There is a reasonable belief that the task poses an imminent risk of death, serious physical harm, or other serious hazard to workers where the workers believe there is insufficient time to utilize normal hazard reporting and abatement procedure.There is a reasonable belief that the work poses a potential uncontrolled environmental risk or violates the requirements of applicable laws or permits.There is a reasonable belief that security of the Laboratory, information, or Government property could be compromised.Work controlling and execution Information, instructions, or worker training is inadequate to execute the work safely and securely.
1.8.13 CONTRACTOR ES&H personnel may Pause or Stop SUBCONTRACTOR work at any time when conditions such as those in 1.8.12 are observed or when it is necessary to prevent the SUBCONTRACTOR’s activities from creating an uncontrolled hazard to collocated workers or to prevent / terminate an environmental, health, or safety violation.
1.9 In accordance with 10 CFR 851.20(a)(10) and 851.20(b)(2)(iv), SUBCONTRACTOR shall inform workers of their rights and responsibilities by appropriate means, including posting the U.S. Department of Energy/LANL “Worker Protection at Los Alamos National Laboratory” poster in the workplace where it is visible to all workers. In accordance with 10 CFR 851.20(b)(2), SUBCONTRACTOR shall allow workers to have access to DOE Safety and Health publications; the 10 CFR 851 Worker Safety and Health Program for the covered workplace; the standards, controls, and procedures applicable to the covered workplace; limited information on any recordkeeping log (OSHA Form 300); and DOE Form 5484.3 (the DOE equivalent to OSHA Form 301) on official time. SUBCONTRACTOR shall designate a location or contact information for workers to obtain this information.
1.10 In accordance with 10 CFR 851.20(b)(5), SUBCONTRACTOR shall ensure that employee representatives have the right to participate in inspections by DOE officials on official time.
1.11 In accordance with 10 CFR 851.11(a)(3)(ii), CONTRACTOR is committed to implementing an Integrated Safety Management System (ISMS) and Environmental Management System (EMS) that promotes CONTRACTOR’s core values and the principles set forth by the U.S. Department of Energy (DOE). The objective of ISMS and EMS is to systematically integrate safety and environmental compliance into management and work practices at all levels so that workers, the public, and the environment are protected while assigned projects are accomplished.
1.12 In accordance with 10 CFR 851.11(a)(3)(ii), SUBCONTRACTOR shall perform work in a safe and compliant manner that ensures adequate protection for employees, the public, and the environment, and shall be accountable for safety and environmental compliance. SUBCONTRACTOR shall exercise a degree of care commensurate with the work and the associated hazards/risks. SUBCONTRACTOR shall ensure that management of ES&H functions and activities becomes an integral but visible part of SUBCONTRACTOR’s work planning and execution processes. The following ISMS and EMS principles must be adhered to:
1.12.1 Line management is responsible for the protection of employees, the public, and the environment. Line management includes those SUBCONTRACTOR employees managing or supervising employees performing work.
1.12.2 Clear and unambiguous lines of authority and responsibility for ES&H matters are established and maintained at all organizational levels.
1.12.3 Personnel possess the experience, knowledge, skills, and abilities that are necessary to discharge their responsibilities.
1.12.4 Resources are effectively allocated to address ES&H, programmatic, and operational considerations. Protecting employees, the public, and the environment is a priority whenever activities are planned and performed.
1.12.5 Before work is performed, the associated hazards/risks are evaluated and an agreed-upon set of ES&H controls and requirements is established which, if properly implemented, provide adequate assurance that employees, the public, and the environment are protected from adverse consequences.
1.12.6 In accordance with 10 CFR 851.22(b), administrative and engineering controls to prevent and mitigate hazards shall be tailored to the work being performed and associated hazards. Controls are established according to the following hierarchy:
Hazard elimination by process modification;Substitution of a less hazardous substance, if available;Application of engineering controls such as enclosures, machine guards, interlocks, or similar devices;Application of administrative controls, such as training, lockout/tag out, and procedures; andUse of Personal Protective Equipment (PPE).
1.12.7 The conditions and requirements to be satisfied for operations to be initiated and conducted are established and agreed upon by the CONTRACTOR and SUBCONTRACTOR. These agreed upon conditions and requirements are requirements of the subcontract and binding upon the SUBCONTRACTOR. The extent of documentation and level of authority for agreement shall be tailored to the complexity, hazards, and environmental requirements associated with the work.
1.13 CONTRACTOR reserves the right to perform both announced and unannounced inspections and assessments of SUBCONTRACTOR’s operations, equipment, and materials to verify compliance with the requirements of this subcontract. SUBCONTRACTOR shall cooperate and accommodate oversight assessments, audits, and inspections performed by the CONTRACTOR. The CONTRACTOR may invoke Stop Work at any time for violations of applicable laws and regulations.
1.14 In accordance with 10 CFR 851.20(a)(9), SUBCONTRACTOR shall ensure that workers have the authority and responsibility, and are encouraged to stop work when they discover unsafe conditions or other hazards. SUBCONTRACTOR shall ensure that work does not resume until the ES&H concerns associated with that activity are resolved. Restart of work activities may not occur except as follows:
1.14.1 The worker shall correct the hazardous condition and restart the activity or operation without notifications if (1) the condition does not pose an imminent danger, (2) the condition can be corrected immediately, and (3) the worker has the resources to correct the condition and restart work.
1.14.2 In all other cases, the worker must notify the SUBCONTRACTOR ES&H Representative prior to restart.
1.14.3 If the SUBCONTRACTOR ES&H Representative is notified of a stop work initiated by a worker, the ES&H Representative shall notify the STR.
1.15 In accordance with 10 CFR 851.20(a)(4) the SUBCONTRACTOR will provide mechanisms to involve workers and their elected representatives in the development of the worker safety and health program goals, objectives, and measures and in the identification and control of hazards in the workplace. The following are some ways to involve workers: (1) ES&H committees, (2) safety observers, (3) ad hoc health and safety problem-solving groups, (4) ES&H training of other employees, (5) analysis of job hazards, and (6) committees that plan and conduct ES&H awareness programs.
1.16 In accordance with 10 CFR 851.20(a)(6) and 10 CFR 851.20(b)(7), SUBCONTRACTOR shall establish procedures for workers to report without reprisal, job-related fatalities, injuries, illnesses, incidents and hazards and make recommendations about appropriate ways to control hazards. SUBCONTRACTOR must provide prompt response to such reports and recommendations in accordance with10 CFR 851.20 (a)(7).
1.17 In accordance with 10 CFR 851.20(b)(8), SUBCONTRACTOR’s workers shall have the right, without reprisal, to decline to perform an assigned task because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious physical harm to the worker coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures.
1.18 In accordance with 10 CFR 851.20(a) and 851.20(a)(3), SUBCONTRACTOR shall assign worker safety and health responsibilities to line management and supervision, evaluate personnel performance, and hold both management and workers accountable for worker safety and health performance. SUBCONTRACTOR shall hold its line management personnel accountable for the safety and health of SUBCONTRACTOR’s workforce and for successfully performing the safety and health requirements of the subcontract and shall, at least annually, evaluate the effectiveness of its line management personnel’s performance in meeting this objective. If SUBCONTRACTOR, or any lower-tier subcontractor, independently either suspends or terminates an employee for unsafe acts resulting from performance of work under this subcontract, SUBCONTRACTOR shall immediately provide written notification to the STR with information on that action.
1.19 Where this Exhibit states that safety or accident prevention sign, label, or tag is required the SUBCONTRACTOR shall be required to use signs, labels, or tags identical to those used by the CONTRACTOR unless otherwise authorized by the CONTRACTOR’s STR.
F2.0 Subcontractor's Site-Specific ES&H Plan
2.1 To perform subcontract work at LANL, SUBCONTRACTOR is required to comply with CONTRACTOR’s 10 CFR 851 Worker Safety and Health Program, the requirements of which are set forth in this Exhibit. This Exhibit also contains additional safety, health and environment requirements that CONTRACTOR considers necessary for performance of work at LANL. Further, SUBCONTRACTOR shall supplement the requirements of this Exhibit with such additional safety, health and environment elements, if any, as SUBCONTRACTOR considers necessary to protect the safety and health of the workers and the environment, and so certify to CONTRACTOR that this Exhibit together with any additional elements constitute the SUBCONTRACTOR’s Site-Specific ES&H Plan. The SUBCONTRACTOR will address in this Plan how it will comply with the specific requirements of clauses contained in this Exhibit during execution of work. Submission of a general safety manual or company ES&H policy unto itself is not adequate to constitute a Site-Specific ES&H Plan. SUBCONTRACTOR shall consolidate such ES&H plan elements and submit the complete SUBCONTRACTOR’s Site-Specific ES&H Plan to CONTRACTOR for review and approval. SUBCONTRACTOR’s Site-Specific ES&H Plan must be approved prior to issuance of a Notice to Proceed.
2.2 SUBCONTRACTOR is responsible for compliance with the ES&H requirements applicable to this subcontract regardless of the performer of the work. SUBCONTRACTOR’s Site-Specific ES&H Plan shall specify how safety requirements will flow down to employees and sub-tier subcontractors. In accordance with 10 CFR 851.20(a)(5) and 10 CFR 851.20(b)(2)(ii), SUBCONTRACTOR will ensure that workers have access to SUBCONTRACTOR’s Site-Specific ES&H Plan, and in accordance with 10 CFR 851.20(b) that workers comply with the requirements in the plan, respectively.
2.3 SUBCONTRACTOR’s Site-Specific ES&H plan shall describe how the SUBCONTRACTOR complies with compliance orders, if any, issued by the Secretary of DOE in accordance with 10 CFR 851.4.
2.4 SUBCONTRACTOR’s Site-Specific ES&H Plan shall include copies of any documents as specified in the following sections of this exhibit. Where the scope of work and this Exhibit specify Hazardous Waste Operations or Emergency Response as defined in 29 CFR 1910.120 or 29 CFR 1926.65 the SUBCONTRACTOR’s Site Specific ES&H Plan shall contain the safety and health program elements stated in 29 CFR 1910.120(b) and Site Specific Safety and Health Plan as required by 29 CFR 1910.120 (b)(4)(i) through 1910.120(b)(4(iv).
2.5 Changes to SUBCONTRACTOR’s Site-Specific ES&H Plan require re-submittal to and approval by CONTRACTOR.
F3.0 Subcontractor and Lower-Tier Subcontractor Minimum Performance Eligibility Factors
3.1 The SUBCONTRACTOR should have a demonstrated safety performance equal to or lower than the standards contained in Attachment F3-1, Safety Performance Eligibility Requirements, and shall complete Attachment F3-2, Environment, Safety and Health History Worksheet. If any of the maximum allowable averages in Attachment F3-1 is exceeded, the SUBCONTRACTOR shall provide information to the CONTRACTOR that clearly explains the excessive rate and that the anomaly causing that excess was not easily preventable using sound safety practice. CONTRACTOR must approve any exceedances.
3.2 If SUBCONTRACTOR intends to use lower-tier subcontractors to perform elements of the subcontracted Scope of Work, such lower-tier subcontractors shall have a demonstrated safety performance equal to or lower than the standards contained in Attachment F3-1, Safety Performance Eligibility Requirements, and shall complete Attachment F3-2, Environment, Safety and Health History Worksheet. SUBCONTRACTOR must obtain approval from CONTRACTOR for any sub-tier SUBCONTRACTOR that exceeds one or more of the maximum allowable averages in Attachment F3-1.
3.3 SUBCONTRACTOR shall ensure that lower-tier subcontractors that perform elements of the subcontracted Scope of Work adhere to this Exhibit F and SUBCONTRACTOR’S Site-Specific ES&H Plan. SUBCONTRACTOR is responsible for ensuring that its lower-tier subcontractor’s activities are included in SUBCONTRACTOR’S Site-Specific ES&H Plan and that they work within the requirements of this Subcontract. The names and performance eligibility information of all the entities performing work at every tier must be provided to CONTRACTOR prior to commencement of work (see Attachment F3-1, Safety Performance Eligibility Requirements).
3.4 If new or additional lower-tier subcontractors are proposed to be used by SUBCONTRACTOR at any time after the award of the subcontract, SUBCONTRACTOR must notify CONTRACTOR at least 15 calendar days before the proposed start date of the new lower-tier subcontractor and submit eligibility information as provided in paragraph 3.1 above.
F4.0 Subcontractor ES&H Representative Duties and Responsibilities
SUBCONTRACTOR shall provide a competent person(s) and/or qualified person(s) as required in several sections of the OSHA regulations such as, Scaffolds, Excavations, Steel Erection, etc. onsite as long as tasks requiring competent / qualified person(s) are being conducted.
A competent person means 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 them.
A qualified person means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.
SUBCONTRACTOR shall submit the competent person and/or the qualified person’s qualifications to the CONTRACTOR and must receive approval prior to Notice to Proceed. Approval is based on the complexity of work, related hazards and the relevant skill sets (qualifications) required to address those hazards. For example, when toxic chemicals are used by workers and a potential for exposure exists the ES&H representative must be qualified to evaluate the exposure, select appropriate controls (PPE, Ventilation, etc.) and ensure compliance with any medical surveillance protocols. Note: The selection of Options are based on STR and ES&H SME professional judgement. The selection of Option A does not preclude the selection of Option D (Environmental Professional) when there are environmental risk associated with the project.
OPTION A
4.1 SUBCONTRACTOR shall provide a full time dedicated ES&H Professional on-site and shall work closely with CONTRACTOR management personnel to implement and administer SUBCONTRACTOR’S approved Site-Specific ES&H Plan. This shall be the ES&H Professional’s sole responsibility. The dedicated ES&H Professional shall meet the following minimum acceptance criteria or pre-approved equivalent:
Certification by the American Board of Industrial Hygienists or Board of Certified Safety Professionals as a Certified Industrial Hygienist (CIH), Certified Safety Professional (CSP) or equivalent nationally recognized organization, or eligible for certification; A bachelor’s degree (or equivalent) in safety engineering or industrial hygiene or an equivalent technical field; Three to Five years of full time work experience in the field of environment, safety and health; A minimum of 40 hours of formal environmental training in erosion control, waste management, or other environmental discipline, or pre-approved equivalent having other environmental related training and/or job experience;Current training in CPR and First Aid.
4.2 SUBCONTRACTOR shall submit the ES&H Professional’s qualifications to CONTRACTOR and must receive approval prior to issuance of Notice to Proceed.
4.3 SUBCONTRACTOR’s ES&H Professional’s duties shall include, but are not limited to:
Manage implementation of SUBCONTRACTOR’s approved Site-Specific ES&H Plan, including review of integrated work documents.Cease work and take immediate actions, as necessary, to remove personnel from hazardous areas if the safety or health of SUBCONTRACTOR’s personnel, other site personnel, or third parties is jeopardized by SUBCONTRACTOR’s work activities, and notify CONTRACTOR’s STR.Cease work and take immediate actions, as necessary, to address environmental compliance issues, and notify the STR.Interface with CONTRACTOR’s ES&H personnel and the STR to resolve ES&H issues.Provide hazard-specific training for new employees and orientations for visitors.Ensure ES&H requirements and goals have been identified to workers.Ensure compliance with CONTRACTOR’s emergency response plans (including evacuation alarms, accountability rosters, and assembly points).Continuously evaluate the site for any hazards not previously identified or adequately controlled, initiate measures required to protect personnel, the public and the environment, and revise documents accordingly.Conduct safety and pre-job briefings as required.Attend progress meetings held by the CONTRACTOR.Represent SUBCONTRACTOR in incident investigations and/or critiques schedule by the CONTRACTOR.Maintain first aid and OSHA 300 logs, report accidents and injuries to the STR immediately, conduct accident/incident investigations as required, and report results to the STR within 2 working days.Ensure that proper hazard postings are in place, are legible, and are removed when the project is complete.Conduct all operations so as to mitigate adverse environmental impacts (e.g., spill containment, erosion control).Establish and maintain the Hazard Communication program (including Material Safety Data Sheets, inventory, and training).Conduct and document ES&H inspections in accordance with the requirements of Subclause F10.1.
4.4 The ES&H Professional shall be at the worksite whenever SUBCONTRACTOR personnel are working. On occasions when the ES&H Professional must be away from the work site, the STR must be notified and a CONTRACTOR approved alternate shall be identified to act on the ES&H Professional’s behalf.
OPTION B
4.5 SUBCONTRACTOR shall provide a full time dedicated ES&H Specialist on-site and shall work closely with CONTRACTOR management personnel to implement and administer SUBCONTRACTOR’s approved Site Specific ES&H Plan. The dedicated ES&H Specialist shall meet the following minimum acceptance criteria or pre-approved equivalent:
Certified Associate Industrial Hygienist (CAIH) certification by the American Board of Industrial Hygiene, or Associate Safety Professional (ASP), Occupational Health Safety Technicial or Construction Health Safety Technician certification by the Board of Certified Safety Professionals or equivalent nationally recognized organization, or eligible for certification; An Associate degree (or equivalent) in safety engineering or industrial hygiene or an equivalent technical field;At least three (3) years of full time work experience in the field of environment, safety and health.A minimum of 40 hours of formal environmental training in erosion control, waste management, or other environmental discipline, or pre-approved equivalent having other environment related training and/or job experience.Current training in CPR and First Aid.
Note: Sections 4.2 through 4.4 above for the ES&H Professional also apply to the ES&H Specialist, Option B.
OPTION C
4.6 SUBCONTRACTOR shall designate an on-site ES&H Representative for all tasks conducted under this subcontract. This person shall assist SUBCONTRACTOR’s supervision with implementation of SUBCONTRACTOR’s approved Site-Specific ES&H Plan and CONTRACTOR’s site requirements. The ES&H Representative should have formal ES&H training, such as the following (depending on the work to be performed):
A minimum of thirty (30) hours formal ES&H training in OSHA standardsor pre-approved equivalent having other ES&H-related training certificates and/or job experience appropriate to the work being performed.
Formal environmental training and/or job experience in erosion control,waste management, or other environmental discipline.
Current training in CPR and First Aid.
4.7 SUBCONTRACTOR shall submit the ES&H Representative’s qualifications and receive approval from CONTRACTOR prior to issuance of a Notice to Proceed.
4.8 SUBCONTRACTOR’s ES&H Representative’s duties shall include, but are not limited to:
Promote and assist in implementation of SUBCONTRACTOR’s Site-SpecificES&H Plan, including review of integrated work documents.
Cease work and take immediate actions, as necessary, to remove personnel from hazardous areas if the safety or health of SUBCONTRACTOR’s personnel, other site personnel, or third parties is jeopardized by SUBCONTRACTOR’s work activities, and notify CONTRACTOR’s STR. Continuously evaluate the site for any hazards and environmental compliance issues not previously identified or adequately controlled, initiate measures required to protect personnel, the public and the environment, and revise documents accordingly.Participate in ES&H and pre-job briefings as required. Conduct and document ES&H inspections in accordance with the requirements of Subclause F9.1.
4.9 SUBCONTRACTOR’s assigned ES&H Representative may have other duties as long as they will not interfere with or prevent the employee from performing the above stated responsibilities.
OPTION D
4.10 SUBCONTRACTOR shall provide a full-time dedicated Environmental Professional on site and shall work closely with CONTRACTOR management personnel to implement and administer SUBCONTRACTOR’s required environmental deliverables and CONTRACTOR’s environmental requirements. This shall be the Environmental Professional’s sole responsibility. The dedicated Environmental Professional shall meet the following minimum acceptance criteria or pre-approved equivalent:
Certified Professional in Erosion and Sediment Controls (CPESC), Certified Inspector in Sediment and Erosion Control (CISEC), or equivalent nationally recognized certification in erosion control, waste management, or other environmental discipline, or eligibility for certification.A bachelor’s degree (or equivalent) in an environmental related field or an equivalent technical field.At least three (3) years of full-time work experience in the field of environmental management.Current training of at least 40 hours in environmental compliance field inspections.
4.11 SUBCONTRACTOR shall submit the Environmental Professional's qualifications and receive approval from CONTRACTOR prior to issuance of a Notice to Proceed.
4.12 SUBCONTRACTOR’s Environmental Professional's duties shall include, but are not limited to:
Conduct all operations so as to mitigate adverse environmental impacts (e.g., spill containment, erosion control, etc.);Manage implementation of SUBCONTRACTOR’s environmental deliverables and CONTRACTOR’s environmental requirements;Cease work and take immediate actions, as necessary, to address environmental compliance issues and notify CONTRACTOR’s STR;Interface with CONTRACTOR’s environmental personnel and the STR to resolve environmental issues;Provide environmental protection/compliance training for new employees and orientations for visitors, as deemed necessary;Ensure environmental requirements and goals have been identified to workers;Continuously evaluate the site for environmental protection/compliance related issues, initiate measures required to mitigate identified issues, and update documents accordingly;Conduct environmentally related pre-job briefings;Attend progress meetings;Represent SUBCONTRACTOR in incident investigations and/or critiques;Ensure specific environmental controls are maintained throughout the project; andConduct and document daily environmental inspections as required.
F5.0 Incident Reporting Requirements
5.1 In accordance with 10 CFR 851.26(b), SUBCONTRACTOR shall:
Report and investigate accidents, injuries and illnesses; andAnalyze related data for trends and lessons learned (reference DOE Order 225.1B, Accident Investigations, March 04, 2011).
5.2 SUBCONTRACTOR must immediately notify CONTRACTOR’s STR verbally, and then in writing (within 24 hours), of any on-site event or condition that adversely affects, or may adversely affect CONTRACTOR, its mission, CONTRACTOR’s or SUBCONTRACTOR’s personnel, the public, property, or the environment. An on-site event or condition includes but is not limited to: employee injury/illness/first aid (including a significant change in severity of the original condition); fire; any accident, incident, or near-miss; property damage to equipment, facilities, or motor vehicles; non-compliance with safety, health or environmental requirements; non-permitted release to the environment; or any other unplanned event that may be a violation of a regulatory requirement or that may be viewed negatively by the public, CONTRACTOR, or GOVERNMENT.
5.3 In situations where any of the conditions mentioned above occur, the scene surrounding or associated with the event shall be preserved for continued investigation unless such actions interfere with establishing a safe condition or CONTRACTOR concurrence is obtained. SUBCONTRACTOR and CONTRACTOR personnel may jointly investigate each injury/illness, accident, incident, near miss, or environmental noncompliance.
5.4 SUBCONTRACTOR shall provide a complete written accident/incident investigation report of any incident, outlining the causes, corrective actions, and measures taken to prevent recurrence of similar incidents, to CONTRACTOR’s STR within two working days of its occurrence. Furthermore, the SUBCONTRACTOR shall cooperate and participate as required with any CONTRACTOR or GOVERNMENT fact finding, learning team, critique, analysis, or investigation for such events/conditions.
F6.0 Injury/Illness Recordkeeping and Reporting
6.1 SUBCONTRACTOR shall maintain accurate accident and injury/illness logs in accordance with 10 CFR 851.26 (a)(1). Logs shall be available for review by CONTRACTOR upon request.
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