Attachment 0006 - Draft PWS 6 Safety.pdf

DRAFT

SAFETY

PERFORMANCE WORK STATEMENT (PWS) 6

June 2025

1. GENERAL:

1.1 This Safety PWS applies to all operations of facilities by the operating contractor, regardless of the origin of the work.

1.2 The Contractor shall protect the lives and health of its employees, government employees, tenants, subcontractors, and the public from its operations. The contractor shall ensure that all subcontractors and tenants meet the safety requirements within this PWS. The contractor shall also protect government property.

1.3 The Contractor shall comply with Defense Federal Acquisition Requirement (DFARS) 252.223-7002, Safety Precautions for Ammunition and Explosives;

DFARS 252.223-7003, Change in Place of Performance - Ammunition and Explosives; and DoD Manual 4145.26, Department of Defense (DOD) Contractor's Safety Manual for Ammunition and Explosives, 13 March 2008, Incorporating Change 1, Effective March 30, 2018, (except otherwise stated in this PWS). The Contractor shall also comply with Federal Acquisition Regulation (FAR) 52.223-3, Hazardous Material Identification and Material Safety Data; DFARS 252.223-7001, Hazard Warning Labels, when applicable; 32 Code of Federal Regulations (CFR) 655.10, and Use of Radiation Sources by Non-Army Entities on Army Land. In addition, the Contractor shall comply with the following safety requirements.

1.3.1 The Contractor shall comply with applicable provisions of Federal, State, and Local ordinances, laws, and construction codes.

1.3.2 The Contractor shall provide a response to the Procuring Contracting Officer (PCO), in writing, regarding corrective actions for any deficiencies/nonconformances found during safety inspections of its operations performed by the DOD, Department of the Army, U.S. Army Materiel Command, and/or the U.S. Army Joint Munitions Command (JMC) elements. (CDRL F001).

The government reserves the right to inspect all ammunition, explosives, and support operations without advanced notice.

1.3.3 When required by the Department of Defense Explosives Safety Board Technical Paper No. 26 (DDESB TP-26), “Guidance for Explosives Safety Site Plans,” dated 30 January 2014, the contractor shall submit site and construction plans (new requests and/or modifications) that comply with DDESB TP-26. Use of Explosives Site Siting (ESS) is the required method of Quantity-Distance analysis. The contractor shall submit site plans electronically. (CDRL F002).

The contractor shall obtain site plan approval from DDESB prior to starting any explosives operation.

1.3.4 IAW Department of the Army Pamphlet (DA PAM) 385-64, the Contractor shall develop and maintain an Installation Ammunition and Explosives Map in

June 2025 accordance with (IAW) the requirements stated in DDESB TP-26 that directly support the Installation Explosive Safety Site Plan and submit to the PCO.

(CDRL F003).

1.4 The Contractor shall prepare, present, manage, and review/validate explosives storage license(s) and identify and track ammunition and explosives storage locations. (CDRL F004). In addition, the Contractor shall provide the PCO and the Hawthorne Army Depot (HWAD) Government Safety Office with a written notification that the 12-month license review/validation process has been completed. (CDRL F005). The Contractor shall notify the PCO and the HWAD Government Safety Office prior to any change in net explosives weight amounts outlined in the current license(s). (CDRL F006).

1.5 The Contractor shall notify the PCO and the HWAD Government Safety Office upon arrival of any local, state or Federal agency including, but not limited to, the Occupational Safety and Health Administration (OSHA), the Nevada Department of Public Health, and Nuclear Regulatory Commission (NRC), and provide to HWAD Government Safety Office a copy of all reports issued by such agencies within 15 calendar days of receipt. The Contractor shall provide a copy of its response to the report to the PCO and the HWAD Government Safety Office within five calendar days of responding to the report generator (CDRL F007).

1.6 The Contractor shall develop a decontamination plan and provide a copy to the PCO and HWAD Government Safety Office. (CDRL F008). The plan shall document how the contractor will apply the Defense Explosive Safety Regulation (DESR) 6055.09, Edition 1, Change 1, dated 23 February 2024, and DOD Instruction (DODI) 4140.62, Material Potentially Presenting and Explosive Hazard (MPPEH), 20 August 2024, Incorporating Change 3, dated 9 September 2019 requirements to training of personnel, buildings, equipment, and items of ammunition/components which are contaminated with explosives and other hazardous materials and upon which the Contractor wants to perform work or dispose. The plan shall include how the contractor will certify, in writing, as to the level of decontamination and restrictions for each item and what restrictions that level places on the item.

1.7 The Contractor shall not construe the requirements of this PWS as making the Army the controlling employer (as defined by State and Federal OSHA) at HWAD.

1.8 The Government has the right to conduct its own investigation of any accident occurring on HWAD, not just those involving ammunition or explosives. The Contractor shall cooperate with the Government investigation and requests for information.

2. SPECIFIC SAFETY REQUIREMENTS FOR CONTRACTOR OPERATIONS:

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2.1 Ionizing Radioactive Material or Ionizing Radiation Producing Equipment.

2.1.1 The Contractor shall comply with the requirements of Titles 10 and 32 CFR, Army Regulation (AR) 385-10 or State requirements for radioactive items used on-site.

2.1.2 The Contractor shall obtain Procuring Contracting Officer (PCO) approval before bringing radioactive items onto HWAD. The Contractor shall apply for Army Radiation Permits through the Administrative Contracting Officer (ACO) IAW 32 CFR 655.10 prior to bringing radioactive material or operating radiation producing devices on-post. The Contractor shall also apply through the ACO for changes to existing radiation permits and supporting permit documents, including NRC or State licenses and subsequent amendments to those licenses (CDRL F009). The Contractor shall ensure personnel who work with or around radioactive material or radiation producing devices receive initial and periodic radiation safety training commensurate with their duties

2.1.3 If the Contractor possesses any radioactive material or radiation producing equipment on site, at a minimum the following standards shall apply:

2.1.3.1 The Contractor shall appoint, in writing, a trained individual as Radiation Safety Officer (RSO) and another individual as alternate RSO to manage the radiation safety program. Records shall be maintained and available to the Government upon request.

2.1.3.2 The Contractor shall provide the ACO and HWAD Government Safety Office access to the Contractor’s annual radiation sources inventory (which includes radioactive material and radiation producing devices) and its annual radiation protection program review as required by 10 CFR 20.1101 (or applicable State regulation for agreement state licensees).

2.1.3.3 The Contractor shall report accidents, incidents, and thefts involving radioactive material to the PCO and HWAD Government Safety Office IAW 10 CFR 20. The Contractor shall report accidents and incidents involving radiation-producing devices to the PCO and HWAD Government Safety Office IAW State regulation. (CDRL F010).

2.2 Non-Ionizing Radiation Equipment

2.2.1 Electromagnetic Field Emitters.

2.2.1.1 The Contractor shall appoint, in writing, a trained individual as Non- Ionizing Radiation Safety Officer (NRSO) IAW Chapter 17, AR 385-10, “The Army Safety and Occupational Health Program.” Training records shall be made available upon request.

2.2.1.2 The NRSO shall comply with Chapter 17, AR 385-10, as it applies to the

HWAD non-ionizing safety program. This includes the posting of signage for Hazards of Electromagnetic Radiation to Ordnance (HERO), as required

2.3 Accident Reporting

2.3.1 The Contractor shall provide timely notification (within one hour of the occurrence) to the PCO and HWAD Government Safety Office of accidents (to include those involving Army Retooling and Manufacturing Support (ARMS) tenants) listed in paragraph C2.2 of DoDM 4145.26, regardless of the involvement of ammunition or explosives. (CDRL F011). The Contractor shall report all ammunition and explosive accidents, regardless of Government property damage or personnel injury level.

2.3.2 The Contractor shall provide to the HWAD Government Safety Office a copy of the Army Retooling and Manufacturing Support (ARMS) tenants’, OSHA Form 300, Log of Work-Related Injuries and Illnesses, showing data for the previous month (e.g., February form showing January data). (CDRL F012).

2.3.3 The Contractor shall provide to the HWAD Government Safety Office a copy of their, and ARMS tenants’, OSHA Form 300A, Summary of Work-Related Injuries and Illnesses. (CDRL F013).

2.3.4 The Contractor’s performance for (1) Total Case Incident Rate (TCIR), (2)

Lost Time (LT) case rate, and (3) Days Away Restricted or Transferred (DART) rate, shall be at or below the most current publication of the U.S.

Department of Labor (Bureau of Labor Statistics) rates for their North American Industry Classification System (NAICS) code. The Contractor shall report performance against their NAICS code quarterly to the PCO and HWAD Government Safety Office. (CDRL F014).

2.4 HWAD Government Staff Training: The Contractor shall provide comparable safety training to the HWAD Government Staff as it does for its own staff. This requirement includes OSHA and other safety training as the mission may dictate. When feasible, the HWAD Government Staff can attend classes established for Contractor personnel. Examples of training include hearing conservation, Hazardous Waste Operations and Emergency Response, radiation protection, Respiratory Protection, Hazardous Materials, asbestos, lead exposure, and emergency action plans. The Contractor is not obligated to develop training to satisfy training mandates applicable only to Government employees. The purpose of this requirement is to assist with integration of the Contractor and Commander’s or Commander’s Representative’s safety https://www.census.gov/eos/www/naics/ https://www.census.gov/eos/www/naics/

June 2025 programs. The Government does not expect the Contractor to incur additional costs to fulfil this requirement.

2.5 The Contractor shall develop, track, and provide general safety awareness training to all HWAD visitors, Contractor personnel, and Government employees. The training and training records of all personnel shall be maintained and made available to the Government upon request.

2.6 The Contractor shall prepare and submit an Emergency Action Plan. The plan shall comply with 29 CFR 1910.38, as well as any additional State and/or Local requirements if more stringent. (CDRL F015). The Contractor shall exercise the plan at least once per year. After each exercise, the Contractor shall provide the PCO and the HWAD Government Safety Office a written after-action report with corrective actions identified. (CDRL F016).

2.7 The Contractor shall have lightning protection systems as detailed in Chapter 16, DA Pam 385-64, “Ammunition and Explosives Safety Standards, dated 24 July 2023. All maintenance and replacement of existing lightning protection system components or construction of new lightning protection systems shall comply with the requirements in Chapter 16, Section IV, DA PAM 385-64, Ammunition and Explosives Safety Standards, dated 24 July 2023 and PWS 3, Maintenance. All maintenance costs associated with lighting protection systems shall be covered under PWS 3, Maintenance. Any personnel who tests or inspects grounding, bonding, and/or lightning protection systems shall complete AMMO-28, Army Electrical Explosives Safety, or NFPA 780, Lightning Protection Systems.

2.8 The Contractor shall comply with the Memorandum, Office of Assistant

Secretary of the Army (Installations, Energy and Environment), 2 July 2014, subject: Personnel Qualifications for Documenting Explosives Safety Status.

Within 30 days of operational control, the Contractor shall have appropriately trained individuals to manage and process MPPEH, Material Documented as an Explosives Hazards (MDEH), and Material Documented as Safe (MDAS) at HWAD and provide training records to the PCO. (CDRL F017). Certified individuals shall assess and make determinations on materials going to the burning ground.

2.9 The Contractor shall comply with the Memorandum, Office of Assistant Secretary of the Army (Installations, Energy and Environment), 4 January 2016, subject: Explosives Safety Management of U.S. Army Construction Projects. The Contractor shall submit a construction review package prior to any construction, regardless of location on site (CDRL F018). Approval from USATCES shall be obtained prior to start of any construction.

2.10 Railroad Safety: The contractor shall comply with 49 CFR, Chapter II, Federal

June 2025

Railroad Administration standards and General Code of Operating Rules (GCOR) for all railroad operations.

3. WRITTEN SAFETY PLAN: The Contractor shall develop a written Safety Program Plan and provide a copy to the PCO and HWAD Government Safety Office (CDRL F019). The plan shall meet the requirements below:

3.1 The plan shall describe in detail how the Contractor shall ensure operations by itself, subcontractors, and tenants and the facilities used, comply with OSHA requirements. The Contractor shall address each 29 CFR 1910 Subpart separately. The Contractor shall only address those subparts that apply to its operations, or the facilities used by itself, subcontractors, and tenants.

3.1.1 In the plan, the Contractor shall separately address

implementation of 29 CFR 1910.119, Process Safety Management. At a minimum, the plan shall address the following elements from Appendix C to 29 CFR 1910.119: Employee Participation, Process Safety Information, Process Hazard Analysis, Operating Procedures, Training, Contractors, Pre-Startup Safety Review, Hot Work Permits, Management of Change, Incident Investigations, Emergency Planning and Response, Compliance Audits, and Trade Secrets. Documents related to PSM compliance and execution shall be maintained and available to the government upon request.

3.2 The plan shall describe in detail how the Contractor will determine if its operations and the facilities it uses comply with DODM 4145.26.

3.2.1 The plan shall describe in detail how the Contractor will correct non- compliances with DODM 4145.26.

3.2.2 The plan shall describe in detail the interim protective measures the Contractor will institute until it corrects non-compliances with DODM 4145.26.

3.3 The plan shall require the Contractor to document in writing all inspections, surveys, etc. performed to determine compliance with OSHA or DODM 4145.26.

3.4 The plan shall require the Contractor to enter all conditions found to be non-compliant with OSHA or DODM 4145.26 and all hazardous condition(s) (not attributable to non-compliance with OSHA or DODM 4145.26), regardless of time to correct (i.e. on-the-spot correction) into a searchable electronic database to permit tracking of the non-compliant condition or hazard until corrected or abated. The database shall include

June 2025 the date of discovery, description of condition / hazard, work order number, if applicable), and names and contact information (such as work telephone number and email address) of person(s) responsible for correction. (CDRL F020).

3.5 The plan shall address how the Contractor will take immediate actions in the event of an accident requiring direct notification to OSHA or State agency (fatality, inpatient hospitalization, amputations, or loss of an eye), to re-focus its workforce on matters of safety, such as a stand down or similar appropriate activity.

4. DEVIATIONS, WAIVERS, AND EXEMPTIONS:

4.1 Deviations, Waivers, or Exemptions of Mandatory Safety Requirements. IAW DODM 4145.26, as specified in DFARS 252.223-7002, mandatory safety requirements are those that use the term "shall", “must", or "will" as contained in this document. The Contractor shall not deviate from the mandatory safety requirements without prior written approval from the PCO. The Government grants waivers and exemptions for specific situations. The Contractor shall not interpret them to cover similar operations, locations, or conditions.

4.2 The Government may grant a deviation, waiver, or exemption only after it has been determined that the Contractor cannot comply with applicable safety standards, risks have been adequately assessed and control measures have been identified, and essential work shall still be performed. The Government normally grants waivers for one year or less, and no waiver shall remain in effect for longer than five years. The Contractor shall forward all requests for deviation, waiver, or exemption to the PCO and HWAD Government Safety Office no less than 30 business days prior to requested approval for a Negligible or Minor Risk, no less than 60 business days for a Moderate Risk, and no less than 90 business days for a Serious or Critical Risk (CDRL F021). Upon submission of a deviation, waiver, or exemption, the Contractor senior management official will accept the risk by approving and signing the request for deviation, waiver, or exemption. Prior to the acceptance of risk by the Contractor, the Contractor shall coordinate the deviation, waiver or exemption through the PCO, ACO, and HWAD Government Safety Office for review and/or comments.

4.3 When the time to correct the deviation or waiver will exceed five years, the Contractor shall forward a request for an exemption to the PCO and HWAD Government Safety Office.

4.4 The Contractor shall review waivers (granted for a period of more than one year) and exemptions annually to ensure that the circumstances requiring the waiver or exemption have not changed. The Contractor shall forward the results

June 2025 of this review and a progress report, regarding corrective actions the Contractor has completed, to the PCO and HWAD Government Safety Office. (CDRL F022).

The Government will not grant waivers or exemptions without evidence that the Contractor has taken positive steps to program and budget for correction of the noncompliance.

4.5 The PCO will rescind waivers and exemptions on the stated expiration date unless the Contractor sends a request for renewal to the HWAD Government Safety Office at least 120 days before the expiration date. The PCO will cancel approved waivers or exemptions that are no longer necessary, prior to the stated expiration date when notified by the Contractor. The Contractor shall maintain a current list of open waivers and exemptions and submit a monthly report on waivers and exemptions to the HWAD Government Safety Office. (CDRL F023).

4.6 The PCO may temporarily suspend a waiver or exemption when an accident involving the waived or exempted condition or facility occurs until investigation and analysis justify reinstatement.

DOCUMENT SUMMARY LIST

The contractor shall work with the HWAD PCO to identify any changes to the references or any applicable regulations or laws, which may affect processes, cost, and/or schedule. The PCO will review and provide implementation guidance.

The Contractor shall adhere to the most recent version of the Army Regulations (AR) cited in this PWS. Chapter and page numbers are provided for convenience, but do not absolve the Contractor of complying with all other applicable parts of the AR. If the ARs are updated during performance, the Contractor is responsible for meeting the new requirements as they take effect. Any such Army Regulation changes during the contract period shall be incorporated.

Doc. Document

No. (Contract Ref.)

DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3- sec252-223-7002.pdf

DFARS 252.223-7003, Change in Place of Performance - Ammunition and Explosives https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3- sec252-223-7002.pdf

DFARS 252.223-7001, Hazard Warning Labels, when applicable https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3- sec252-223-7002.pdf

FAR 52.223-3, Hazardous Material Identification and Material Safety Data https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol2/pdf/CFR-2011-title48-vol2- sec52-223-3.pdf

29 CFR

https://www.dol.gov/general/cfr/title_29

10 CFR

https://www.nrc.gov/reading-rm/doc-collections/cfr/ https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol3/pdf/CFR-2011-title48-vol3-sec252-223-7002.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol2/pdf/CFR-2011-title48-vol2-sec52-223-3.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol2/pdf/CFR-2011-title48-vol2-sec52-223-3.pdf https://www.govinfo.gov/content/pkg/CFR-2011-title48-vol2/pdf/CFR-2011-title48-vol2-sec52-223-3.pdf https://www.dol.gov/general/cfr/title_29 https://www.nrc.gov/reading-rm/doc-collections/cfr/

June 2025

32 CFR 655.10

https://www.govinfo.gov/app/details/CFR-2002-title32-vol4/CFR-2002-title32-vol4- sec655-10

49 CFR Transportation https: www.ecfr.gov/current/title-49/ Superseded by Defense Explosive Safety Regulation 6055.09, Edition 1, Change 1.

DOD Manual 4145.26 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414526p.pdf

DOD Instruction 4140.62 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414062p.pdf?

ver=20 18-10-23-091737-977

AR 385-10, The Army Safety and Occupational Health Program, dated 24 July 2023

DA PAM 385-64

https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=74126

Bureau of Labor Statistics rates https://www.bls.gov/iif/oshsum.htm

Memorandum, Office of Assistant Secretary of the Army (Installations, Energy and Environment), 2 July 2014, subject: Personnel Qualifications for Documenting Explosives Safety Status

Memorandum, Office of Assistant Secretary of the Army (Installations, Energy and Environment), 4 January 2016, subject: Explosives Safety Management of U.S. Army Construction Projects.

https://www.govinfo.gov/app/details/CFR-2002-title32-vol4/CFR-2002-title32-vol4-https://www.govinfo.gov/app/details/CFR-2002-title32-vol4/CFR-2002-title32-vol4-https://www.govinfo.gov/app/details/CFR-2002-title32-vol4/CFR-2002-title32-vol4-sec655-10 http://www.ecfr.gov/current/title-49/ https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414526p.pdf https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414062p.pdf?ver=2018-10-23-091737-977 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414062p.pdf?ver=2018-10-23-091737-977 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/414062p.pdf?ver=2018-10-23-091737-977 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=74126 https://www.bls.gov/iif/oshsum.htm