Attach 14 PWS DLAI 6055.1 En 4.pdf

DLAI 6055.01

ENCLOSURE 4

ENCLOSURE 4: SOH RISK FROM CONTRACTOR OPERATIONS

1. GENERAL.

a. DLA responsibilities for the safety and health of contractor operations are generally limited to protecting DoD operations and the safety of DoD personnel, facilities and equipment.

b. IAW title 40 USC, section 3704 (Reference (ff)) and sections 36.513, 52.234-13, 323.70, and 362.223-70 of title 48 CFR (Reference (gg)), contractors are responsible for safety and health risks to their personnel and the protection of the public, except where DoD has contractually agreed to assume responsibility for the contract employee’s safety and health.

c. MSC and OCONUS Regional Commander and Directors may establish additional oversight of contractor operations where they decide it is in the best interest of DoD. In making this determination, SOH personnel provide analysis and recommendations to commanders and leaders. Commanders and leaders consider the relative merits of DLA oversight leading to lower mishap losses, improved services, and ultimate savings to the government, versus the liability for legal and tort claims and compensation liability by acting as a controlling employer.

d. Clearly state DoD responsibilities in contract language, including mishaps for DoD contractor personnel deploying with the force IAW Reference (n).

2. ENFORCEMENT INSPECTIONS OF CONTRACTOR OPERATIONS.

a. Contractors operating on DLA facilities are subject to the authorities of federal and state safety and health officials IAW section 651 et seq. of Reference (i). DLA SOH personnel are granted access to contractor operations and personnel on DoD installations without delay and at reasonable times, except when there is a lack of identifying credentials or clearance for secure area access. Contractors will respond to citations issued by SOH personnel for violations of applicable standards through their Contracting Officer’s Representative. Information regarding citations issued to contractors that involve DoD furnished equipment, facilities, or other property will be referred to the responsible contracting official for appropriate action.

b. Inspection Administration (Federal or State Safety and Health Inspections).

(1) Advance Notice. DLA employees will not provide contractors advance notice of inspections by federal or state safety and health officials.

(2) DoD Installation Access. Federal or state safety and health officials will present appropriate identifying credentials and state the purpose of their visit to the DoD installation commanders or that commander’s authorized representative and the contracting official, if appropriate, before conducting an inspection of a DoD contractor operation on a DoD installation.

DLAI 6055.01

ENCLOSURE 4

(3) Secure Areas. When safety and health officials require entry to a secure area and the classified material cannot be effectively covered, hidden or otherwise effectively protected from disclosure, these procedures apply:

(a) The contractor must immediately notify the enforcement official and the DoD organization exercising security supervision over the contractor’s workplace of the enforcement official’s need for a personnel security clearance to enter the closed area.

(b) The DoD security organization must verify that the classified material cannot be protected.

(c) For a federal OSHA or NIOSH official, the DoD security organization must verify the need for a personnel security clearance, and must verify the federal OSHA or NIOSH official is not cleared, the security organization must request an appropriately cleared OSHA or NIOSH official. For a state OSHA or NIOSH official, the DoD security organization, after verifying the need for a personnel security clearance, must request a federal OSHA or NIOSH official with the necessary security clearance conduct the inspection of the secure area.

(d) Federal OSHA or NIOSH officials must be accompanied on their inspections by representatives of the DoD installation commander and there contracting officer, as appropriate, and by representatives of the DoD contractor and that contractor’s personnel with appropriate security clearances.

(e) Federal OSH or NIOSH officials in secure areas of DoD installations will not take photographs. Photographic services for secure areas may be requested by OSHA or NIOSH officials and provided by the installation commander or the appropriate contracting official.

Photographs must be submitted for appropriate security review before release to authorized federal OSHA or NIOSH officials.

(f) Access to DoD Records. Upon request, federal or state safety and health officials must have access to and be provided copies of DoD records or requests pertaining to specific DoD contractor mishap investigations. Follow procedures pursuant to Reference (n) for releasing safety privileged information.

c. Resolving Issues. The DoD contractor is responsible for resolving issues related to citations or requests for delays, variations, tolerances, or exemptions of applicable safety and health standards.