Att_0010_-_Safety_-_FINAL_2017-06-06.pdf

SAFETY (NON-EXPLOSIVE)

PERFORMANCE WORK STATEMENT (PWS)

(INDIRECT)

1. GENERAL:

1.1. This Safety PWS applies to all production/use of facilities by the Contractor, regardless of the origin of the work.

1.2. The Contractor shall protect the lives and health of its employees, government employees, and the public from its operations and those of its lessees, tenants, and subcontractors. The Contractor shall also protect government property.

1.3. The Contractor shall comply with FAR 52.223-3, Hazardous Material

Identification and Material Safety Data; DFARS 252.223-7001, Hazard Warning Labels; 32 CFR 655.10, Use of radiation sources by non-Army entities on Army land; and FAR 52.223-7, Notice of Radioactive Materials, when applicable. In addition, the Contractor shall comply with the following safety requirements.

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

1.4. The Contractor shall notify the Scranton Government Safety Office upon arrival of any local, State or Federal agency including, but not limited to, the Occupational Safety and Health Administration (OSHA) and Nuclear Regulatory Commission, and provide to the Administrative Contracting Officer (ACO) one copy of any report issued by such agencies within 15 days of receipt. The Contractor shall also provide one copy of the response to the report to the ACO within 5 days of responding to the report generator. (CDRL A001)

1.5. The Contractor shall not construe the requirements of this PWS as making the Government the controlling employer (as defined by the federal OSHA) at this plant.

1.6. The Government has the right to conduct its own investigation of any accident occurring on the plant. The Contractor will cooperate with the government investigation and requests for information.

2. SPECIFIC SAFETY REQUIREMENTS FOR CONTRACTOR OPERATIONS:

2.1. The Contractor shall not introduce radioactive material or radiation producing equipment onto the facility without the written approval from the Government.

The request for approval shall be made no less than 45 days prior to the planned introduction of the radioactive material or radiation producing equipment source.

2.2. Accident Reporting:

2.2.1. The Contractor shall provide notification of accidents within one hour of becoming aware of an occurrence to the Scranton Government Safety Office. (CDRL A002)

2.2.2. The Contractor shall provide a copy of its OSHA Form 300, Log of Work- Related Illnesses and Injuries to the Scranton Government Safety Office, showing data for the previous month (e.g. February form showing January data). (CDRL A003)

2.2.3. The Contractor shall provide a copy of its OSHA Form 300A, Summary of Work-Related Illnesses and Injuries to the Scranton Government Safety Office. (CDRL A004)

2.3. The Contractor shall develop, provide (annually, at a minimum) and track general safety awareness training to all plant visitors, Contractor personnel, and Government employees. (CDRL A005)

2.4. The Contractor shall prepare a written Emergency Action Plan and provide a copy to the SCAAP Government Safety Office. (CDRL A006) The plan shall comply with 29 CFR 1910.38 as well as any additional state and/or local requirements if more stringent. The Contractor shall exercise the plan at least once per year. After each exercise, the Contractor shall provide Scranton Government Safety Office a written after-action report with corrective actions identified. (CDRL A007)

3. SUBCONTRACTING/LEASING:

3.1. Before signing a lease or contract for any purpose the Contractor shall do the following:

3.1.1. Inform lessees/subcontractors of their obligation to comply with Federal, State, and local safety and health laws and regulations. The Contractor shall flow down to its lessees and subcontractors all applicable safety requirements contained in this PWS.

3.1.2. Decontaminate facilities and equipment to the appropriate degree to ensure safe use.

3.1.3. Assure buildings and equipment meet current OSHA and other standards before allowing subcontractor or lessee access.

3.1.4. Assure subcontractor or lessee returns buildings, equipment and land to the pre-lease level of contamination or better after the lease or subcontract expires.

3.1.5. In addition to the accident reporting requirements stated above in paragraph 2.2, the Contractor shall report to the ACO and Scranton Government Safety Office any accident involving its lessee, tenant, or subcontractor that in the opinion of the Contractor is likely to arouse media attention.

4. WRITTEN SAFETY PLAN: The Contractor shall develop a written safety plan and provide a copy to the Scranton Government Safety Office (CDRL A008); allow access to the Scranton Government Safety Office to any tools associated with the plan; and comply with a written Safety Program that meets the requirements below:

4.1. The plan shall describe in detail how the Contractor will assure operations and the facilities used comply with OSHA requirements (primarily 29 CFR 1910).

The Contractor shall address each 29 CFR 1910 Subpart (such as 1910 Subpart G, “Occupational Health and Environmental Control) separately. The Contractor need only address those subparts that apply to operations or the facilities used.

4.1.1. In the plan, the Contractor shall separately address implementation of 29

CFR 1910. 119, “Process Safety Management.” As a minimum, the plan shall address the following elements from Appendix C to 29 CFR 1910.119: Employee involvement in Process Safety Management, Process Safety Information, Process Hazard Analysis, Operating Procedures and Practices, Employee Training, Contractors, Pre-Startup Safety, Mechanical Integrity, Non-routine Work Authorizations, Managing Change, Investigation of Incidents, Emergency Preparedness, and Compliance Audits.

4.2. The plan shall describe the process the Contractor will use to correct any waivers and/or exemptions and implement interim protective measures that will be used to correct those waivers/exemptions.

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

4.4. The plan shall require the Contractor to enter all conditions found to be non-compliant with OSHA that cannot be immediately corrected into a searchable electronic database to permit tracking of the non-compliant condition until corrected. The database shall include the names and contact information (such as work telephone number) of persons responsible for correction. Contractor shall provide a list of conditions found and correction status or provide access to the searchable electronic database to the Scranton Government Safety Office, by the 10th day of each month. (CDRL A009)

4.5. The plan shall require the Contractor to enter into a searchable electronic database (Hazard Abatement Log) to permit tracking until abated, any hazardous condition, not attributable to non-compliance with OSHA, and not corrected upon discovery. The database shall include the names and contact information (such as work telephone number) of persons responsible for correction. Contractor shall provide a list of conditions found and correction status or provide access to the searchable electronic database to the Scranton Government Safety Office, by the 10th day of each month. (CDRL A010)

4.6. The plan shall provide that in the event of an accident requiring direct notification to OSHA or state agency (fatality or in-patient hospitalization of 3 or more persons from the same event), the Contractor shall take immediate action to re-focus its workforce on matters of safety, such as a stand down or similar appropriate activity.

4.7. The plan shall describe in detail how the Contractor will comply with paragraphs 1, 2, and 3 of this PWS. The plan may not decrease the requirements of this

PWS.

4.8. The plan shall include a decontamination plan. This decontamination plan shall address the decontamination of items contaminated with hazardous materials.

It shall also contain a requirement for the Contractor to certify, in writing, the level of decontamination of each item and what restrictions that level places on the item.

5. INSPECTION AND ACCEPTANCE: The Scranton Government Safety Office shall determine compliance primarily by visual inspection and review of records as the work is performed.

6. WAIVERS AND EXEMPTIONS:

6.1. Waivers or Exemptions of Mandatory Safety Requirements. Mandatory safety requirements are those that use the term "shall", "must", or "will". The Contractor shall not deviate from the mandatory safety requirements without prior written approval from the Procuring Contracting Officer (PCO). The Government grants waivers and exemptions for specific situations. The Contractor shall not interpret them to cover similar operations, locations, or conditions.

6.1.1. The Government may grant a waiver only after it has been determined that the Contractor cannot comply with applicable safety standards, and that essential work must still be performed. The Government normally grants waivers for 1 year or less, and no waiver shall remain in effect for longer than 5 years. The Contractor shall forward all requests for waiver to the Scranton Government Safety Office. (CDRL A011)

6.1.2. When the time to correct the deviation will exceed 5 years, the Contractor shall forward a request for an exemption to Scranton Government Safety Office.

6.1.3. The Contractor shall review waivers (granted for a period of more than 1 year) and exemptions annually to ensure that the circumstances requiring the waiver or exemption have not changed. The Contractor shall forward the results of this review and a progress report, regarding corrective actions the Contractor has completed, to the Scranton Government Safety Office. (CDRL A012) 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.

6.1.4. The PCO will rescind waivers and exemptions on the stated expiration date unless the Contractor sends a request for renewal to the Scranton Government Safety Office at least 90 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 Scranton Government Safety Office. (CDRL A013)

6.1.5. 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.

7. NOTE: All references regarding Government/installation commander duties and authorities or responsibilities in any of the documents/regulations/pamphlets/manuals are specifically excluded from this PWS.

8. SITE SPECIFIC SAFETY REQUIREMENTS: Nothing in this section of the Safety PWS will negate or lessen any portion of Sections 1 through 7 of this PWS.

8.1. The Contractor shall provide Contractor Safety Meeting Minutes to the SCAAP

Government Safety Office no later than two working days after each meeting.

(CDRL A014)