Attachment_0010_-_EM_385-1-1_Variance.pdf

CEHNC-SO

DEPARTMENT OF THE ARMY

U.S. ARMY ENGINEERING & SUPPORT CENTER, HUNTSVILLE

P.O. BOX 1600

HUNTSVILLE, ALABAMA 35807-4301

29 March 2017

MEMORANDUM FOR Mr. Mark G. Atkins, Chief, Safety and Occupational Health Office, ATTN: CESO, 441 G Street, NW, Washington, DC 20314-1000

SUBJECT: Variance Request for Maintenance and Service Contracts

1. Huntsville Engineering and Support Center (HNC) is requesting a variance to the Site Safety and Health Officer requirement found in EM 385-1-1 , Section 01.A.17. The requested variance is for all Maintenance and Service contracts at Huntsville Center. It is requested that this variance be allowed for a two year period (1 April 2017 to 1 April 2019) with a one year extension. Huntsville Center will audit the Contractors during the first two year to determine if the policy is effective. At the end of two years HNC will provide a report on the findings of the audit to CESO. Based on the results, CESO can decide to make the variance permanent, renew the variance for a specified period of time or rescind it.

2. The CEHNC Safety Office concurs with this waiver request.

3. The point of contact for this action is Mr. Jason Walsh , CEHNC Safety Office, at 256-895-1421 .

3 Encls

1. Request for Variance

2. Policy for Safety and Health

Officer Requirements

3. Deviation Approval and

Risk Acceptance Form

CF:

Mr. Andrew Blaisdell

~ d-l• A -:rv; LJ_J___-

KELLIE M. WILLIAMS

Chief, Safety and Occupational

Health Office

Performance Work Statement Offutt AFB 55th MDG

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Date: 22 March 2017

Request for Variance Maintenance and Service Contracts

Huntsville Engineering and Support Center

Operation: Maintenance and Service Contracts at Huntsville Engineering & Support Center

Period of Time: 1April2017 to 1April2019 with a one year extension to 1April2020. During the one year extension period Huntsville Center will compile audit results and report to U.S.

Army Corps of Engineers Safety Office (CESO). (See 2 below)

I. VARIANCE REQUESTED. The U.S. Army Corps of Engineers, Huntsville Engineering and Support Center (CEHNC) is requesting a variance for the requirements of a Site Safety and Health Officer (SSHO) onsite in accordance with EM 385-1-1, Section 01.A.17 for all Maintenance and Service Contracts managed by CEHNC. Specifically, "The Contractor shall employ a minimum of one competent person (CP) at each project site to function as the SSHO (Primary), depending on job complexity, size and other pertinent factors." The Policy for Safety and Health Officer Requirements, contained in Attachment 2 will replace the requirement.

2. TIME PERIOD OF REQUEST. Two year period with a one year extension. (! April 2017 to 1April2019, extension to 1April2020). During the one year extension period CEHNC will compile the results of the audit and provide the finding and revision recommendations to CESO. Based on the results and recommendations, CESO will make the variance permanent, renew the variance for a specified period of time or decide to rescind it.

3. CEHNC POLICY SUMMARY. The policy aligns itself with the requirements currently found in EM 385-1-1, section 01.A.l 7. The main difference is that for limited scope maintenance and service work, the Safety and Health Officer (Ll) will not be physically located at any of the project sites. The LI will remain at a central location while managing the numerous 12 (collateral duty SHO) or 13 (collateral duty competent and qualified persons) that work at the various project site. This is concept is similar to Section 01.A.18 which allows for collateral duty safety officers and Section 01.A. l 7.h that allows for the use of designated representatives for remote work locations which are greater than 45 minutes from the main project site.

An 12 or 13 will only be allowed on sites that have a residual risk of low or medium. All high or extremely high risk activities or activities which the safety office in coordination with the contracting officer determines to be beyond the scope oflimited maintenance and service work shall requires the use of a full time SHO and that will be identified in the projects Performance Work Statement.

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The LI is required to submit a plan in each Accident Prevention Plan which depicts how the prime will ensure safety is being implemented onsite in accordance with accepted plans and regulations. The LI is also required to designate in writing the name of the competent person who will be on site for each activity (identified on the AHA) and who will be the designated L3 SHO for each service order/award. The L3 in coordination with the LI is responsible for ensuring that all of the other requirements found in Section I of EM 385-1-1 will be met. In addition, the policy requires the contractor to hold a tailgate meeting prior to starting work on each service order to discuss the hazards and controls found in the AHA. To document that this meeting has been conducted the contractor is required to have each worker sign the AHA acknowledging that they have reviewed the AHA and understand the hazards and controls. A copy of the signed AHA is required to be submitted with the invoices or completed service orders for all corresponding work. This provides an added control for this type of work.

4. BACKROUND ON COMPLIANCE WITH CURRENT REQUIREMENT. SSHO

requirements currently found in Section 0 I .A. I 7 is not practical for maintenance and service work. The program's scope of work, and the geographic breadth of work, coupled with the contracting mechanism, and the service order system which makes these programs work for our customers, makes it impractical to have an SSHO at each location.

In addition the work is performed by a small crew, a limited number of contractors or subcontractors, and many times the tasks require a competent or qualified person be present. These trained and experienced personnel generally have more knowledge on the safety procedures for their trade than a SSHO and thus reducing the need for a SSHO to be onsite for limited scope projects.

Generally, the Maintenance and Service programs selects several prime contractors.

Each prime has one or several contracts that cover different geographic areas. The geographic areas are not centralized and many cover thousands of miles and numerous facilities. The prime contractors rely on subcontractors in the local service area to conduct the work for the service order. This allows the contractor to have a quick response time while controlling costs. The prime contractor hires the subcontractors with expertise in the task required.

5. RISK ASSESSMENT. A copy of the Signed Deviation Approval and Risk Acceptance Document is contained in Attachment 3.

6. AUDIT PLAN. See Table I below for an example of the items to be audited during the two year variance.

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Table I

Audit Plan

OBJECTIVE TASK RESPONSIBLE PARTY

Verify correct SSHO in Review PWS and/or Base Safety Office Contract Document Contract Verify Contractor's Review APP and AHAs for Safety Office compliance with Guidance the Service Orders Confirm Contractor Field Field Audit Project Manager/Engineer Implementation of Safety Requirements Safety Office Oversight of L2 & L3 by L 1 Paper and Field Audit Project Manger

Safety Office AHA Developed for each Paper and Field Audit Project Manager/ Engineer Task & reviewed by workers Safety Office

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Policy for Safety and Health Officer Requirements for Maintenance and Service Contracts at U.S. Army Engineering and Support Center, Huntsville

Compliance with EM 3 85-1-1 for work performed under maintenance and service (M&S) work contracts at the U.S. Army Engineering and Support Center Huntsville (CEHNC) regarding the training for site of the work safety personnel is often too rigid for the wide range of work activities performed under these type contracts. M&S contractors, when permitted by contract, may utilize different levels of Safety and Health Officers (SH Os) defined below, commensurate with the degree of risk to ensure the health and safety of their employees. Ultimately, the Prime Contractor is responsible for ensuring the appropriate safety officers are assigned to each location to implement their safety program.

The three levels of (SH Os) are:

Level 1 Safety and Health Officer (LI) (Prime Contractor employee who is always required to manage the prime contractors safety program) Level 2 Safety and Health Officer (L2) (Prime Contractor or Sub-Contractor employee) Level 3 Safety and Health Officer (L3) (Prime Contractor or Sub-Contractor employee)

All SH Os shall have an Appointment Memo, SHO Designation Certificate signed by their employer. This certificate shall be submitted to the Government Designated Authority (GDA) along with the Accident Prevention Plan (APP), Addendums, Service Orders, Site Specific Work Plans, etc. A copy of this certificate shall be maintained by the SHO at the work site. See the Appointment Memo on the last page of this section.

>Notes:

a. The level of onsite SHO required will be determined by the prime contractor as defined in the contract and this policy. It will be based on complexity (degree of risk), duration, number of trades, etc.

b. L2s and L3s are collateral duty safety personnel, with safety duties in addition to their fitll-time occupation.

c. If a M&S work contract contains multiple project sites the requirement.for a LI to be onsite may not be required by contract.

d. The CEHNC Project Manager (PM) for M&S contracts shall coordinate with the CEHNC Sqfety & Occupational Health Office (SOHO) and Contracting Officer (KO) to ensure SHO requirements are in the contract as defined by this policy.

A LI who meets the minimum requirements of EM 385-1-1 paragraph 01.A. I 7 is always required to manage, implement, and oversee the prime contractor's safety program. Since some M&S contracts have multiple project sites both CONUS and OCONUS, the prime contractor may be permitted by contract to utilize L2 and/or L3 SHO/s to assist overseeing and executing onsite safety requirements under the direction of a LI. L2s and L3s are only permitted when work tasks have a residual risk of Low or Medium.

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The requirements in paragraph A below replace the requirements found in Section 0 l .A.17 of EM 385-1-1 if included in the contract.

0 !A.17 The prime contractor shall employ a minimum of one competent person (CP) to function as the LI SHO to ensure all contract work is performed in accordance with contract specifications, EM 385-1-1, OSHA and applicable local regulations as required.

A. A LI shall:

(I) Be designated by their employer in writing on an Appointment Memo.

(2) Be required on all contracts to ensure all safety regulations and the APP are being implemented.

(3) Be a direct hire of the prime contractor and an employee other than the supervisor.

( 4) Report to a senior or corporate safety official.

(5) Be a full-time responsibility and be present at the project site and have full access to all major work operations during the shift.

Note: If the Ll is not required by contract to be onsite a qualified L2 or L3 shall be assigned by the prime contractor to each location/site.

(6) Provide a copy of their OSHA 30- hour training card in the APP (or course completion if within 90 days of having completed the training and card has not yet been issued). They will have completed:

a. The 30-hour OSHA General Industry safety class (may be web-based training ifthe student is able to directly ask questions of the instructor by chat or phone) or

b. The 30-hour OSHA Construction Industry safety class (may be web-based training ifthe student is able to directly ask questions of the instructor by chat/phone), or

c. As an equivalent, formal construction or industry safety and health training covering the subjects of the OSHA 30-hour course and the EM 385-1-1 [see EM385-l-l, Appendix A, Paragraph 3.d.(3)] applicable to the work to be performed and given by qualified instructors -may be web-based training if the student is able to directly ask questions of the instructor by chat/phone).

-,. Note: The CEHNC SOHO will evaluate the proposed equivalent training for applicability to the contract work to be performed.

(7) Provide proof of employment for:

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a. Five (5) years of continuous construction industry safety experience in supervising/ managing general construction (managing safety programs or processes or conducting hazard analyses, specifically hazard identification and developing controls), or

b. Five (5) years of continuous general industry safety experience in supervising/ managing general industry (managing safety programs or processes or conducting hazard analyses, specifically hazard identification and developing controls), or

c. If the SHO has a Third-Party, Nationally Accredited (ANSI or National Commission for Certifying Agencies - NCCA) SOR-related certification, only 4 years of experience is needed.

See EM 385-1-1 Appendix Q for list of certifications.

(8) Maintain competency through having taken 8 hours of documented formal, on-line, or self-study safety and health related coursework every year. Examples of continuing education activities that meet this requirement are: writing an article, teaching a class, reading/writing professional articles, and attendance/participation in professional societies/meetings.

(9) For projects with multiple shifts, additional SHOs (Ll, L2, or L3) as required by this policy will be provided as described in this policy to ensure adequate safety coverage for the project at all times work activities are conducted.

(I 0) Designate an equally qualified Alternate SRO to fulfill the same roles and responsibilities if off-site for a period longer than 24 hours. (Alternate SHO/s shall be part of the APP and be designated by their employer in writing on an Appointment Memo.)

(11) For an activity or task performed on multiple sites with a residual risk oflow or medium, the prime contractor may elect to utilize a L2 or L3 for each site of the work where the work locations are more than 45 minutes travel time from the Lis duty location. This must be permitted by contract and accepted by the CEHNC SOHO. The Prime Contractor is responsible for ensuring the appropriate level of SHO/s is/are assigned to each location. All SH O's must be designated in writing on an Appointment Memo.

(12) Designate L2s and L3s to perforn1 safety program tasks and report all safety issues and/or findings to the L 1.

(13) NOT assign L2s and L3s to projects that have a residual risk level greater than medium.

(14) Assist the Contractor's project management team responsible for managing, communicating, implementing and enforcing compliance with the Contractor's APP and other accepted safety and health submittals.

B. A L2 shall:

Note: A L2 is only permitted on M&S projects that have a residual risk of/ow or medium.

(1) Be designated by their employer in writing on an Appointment Memo.

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(2) Work under stringent direction and guidance of a LI.

(3) Be a collateral duty responsibility. When permitted by contract the L2 shall be present at the project site and have access to all major work operations during the shift.

( 4) Be a direct hire of the prime contractor or the subcontractor.

( 5) Report directly to a LI.

(6) Meet all the training and experience requirements of an LI.

(7) Be trained on the Prime contractor's corporate Safety and Occupational Health policies and procedures (APP, Activity Hazard Analysis (AHA), policies, etc.).

(8) Perform safety program tasks (e.g. ensure training and qualifications of site workers, document safety meetings, AHA reviews and site specific updates, inspections, etc.) as required and directed by a LI or corporate safety official.

(9) Report all findings and documentation to the LI.

(I 0) For projects with multiple shifts, equally qualified Alternate L2s as required by contract shall be identified in the APP or AHA shall be assigned to ensure adequate safety coverage for the project at all times work activities are conducted.

(I I) If off the site of the work for a period longer than 24 hours, the LI shall appoint an equally qualified Alternate L2 to fulfill the same roles and responsibilities as the primary L2.

(I 2) NOT be assigned to projects that have a residual risk greater than medium ..

C. A L3 shall:

Note: A L3 is only permitted on M&S projects that have a residual risk of low or medium.

(I) Be designated by their employer in writing on an Appointment Memo.

(2) Work under stringent direction and guidance ofa LI.

(3) Be a collateral duty responsibility. When permitted by contract be present at the project site and have reasonable access to all major work operations during the shift.

(4) May be an employee of the prime contractor or a subcontractor.

(5) Report directly to the prime contractor's L 1.

(6) Be a designated competent/qualified person for the work being perfonned.

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(7) Have training and experience commensurate to the oversight responsibilities.

(8) Have a minimum of 8 how-s of training annually and specific knowledge of the potential hazards of the tasks being completed. Examples of continuing education activities that meet this requirement are: writing an article, teaching a class, reading/writing professional articles, attendance/participation in professional societies/meetings, etc.

(9) Meet required training requirements for Competent/Qualified Person in i 926.32(f) and EM 385-1-1, Appendix A. Documentation of required work experience and training shall be submitted (qualifications, certifications, etc.) to the GDA for review and acceptance prior to onsite work commencing.

(10) Be trained on the Prime contractor's corporate Safety and Occupational Health policies and procedures (APP, AHA, policies, etc.).

(11) Perform safety program tasks (e.g. ensure training and qualifications of site workers, document safety meetings, AHA reviews and site specific updates, inspections, etc.) as required and directed by a L 1 or corporate safety official.

(12) Report all findings and documentation to the LL

(13) NOT be assigned to projects that have a residual risk greater than med.ium.

D. No work shall be conducted at the site of the work until a LI, L2, or L3 is present.

E. All levels of SH Os qualifications with an Appointment Memo must be submitted to and accepted by the CEHNC SOHO prior to work commencing on the site of the work.

F. There must be a CEHNC accepted APP and a Ll prior to any work being performed. Work on all service orders shall cease if the accepted L 1 or Alternate LI (if provided) is no longer on the task order/award. It is the prime contractor's responsibility to ensure the Ll, L2, and L3 clearly meet the minimum requirements of this policy.

G. Responsibilities and Lines of Authority. The LI responsible for ensuring all the safety and health requirements are being met shall be identified in the Responsibilities and Lines of Authority section of the APP. This section of the APP shall illustrate reporting procedures from the L2/L3 to the Ll. The Ll for the task order/award shall ensure all competent/qualified persons have the proper qualifications and training and shall maintain all documentation for the project. All documentation shall be available upon request to the GDA.

H. The APP shall include discussion as to how the Ll will ensure the L2 and/or L3 is/are implementing the requirements of the prime contractor's safety program, EM 385-1-1, OSHA, any additional local laws and regulations, and all accepted safety plans. This shall include but not limited to the review of site documentation, site audits, training, and meetings.

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I. A tailgate (a.k.a. toolbox) meeting is required prior to every service order. The accepted Activity Hazard Analysis (AHA) shall be reviewed at each tailgate. Any step, hazard and/or control changes made to an accepted AHA shall be identified (pen-and-ink) on the AHA along with the RAC. If the initial Risk Assessment Code (RAC) determination in the accepted AHA increases due to a change made to the work task or procedure by the workers, all work shall cease and the AHA shall be resubmitted to the CEHNC SOHO for review and acceptance prior to proceeding. All persons conducting work identified in the AHA shall review it and acknowledge the review by signing the AHA.

J. All signed AHAs shall be submitted with the invoices or completed service orders for the corresponding work.

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Appendix A

Definitions and Acronyms

Alternate Safety and Health Officer (ASHO): An employee that meets the definition of Safety and Health Officer but is not the Primary SHO.

Competent Person (CP): The CP is a person designated in writing, who, through training, knowledge and experience, is capable of identifying, evaluating, and addressing existing and predictable hazards in the working environment or working conditions that are dangerous to personnel, and who has authorization to take prompt con-ective measures with regards to such hazards. (Specific standards have specific requirements for a competent person. Refer to EM 3 85-1-1, Appendix Q)

Definable Feature Of Work (DFOW): A task that is separate and distinct from other tasks and has control requirements and work crews unique to that task. A DFOW is identified by different trades or disciplines and is an item or activity on the construction schedule. So, for example, excavation, electrical, concrete, roofing, mechanical, HVAC, etc. are all DFOW's.

Government Designated Authority (GDA): the senior person in charge or his/her appointed representative for the operation or activity being conducted/considered.

Limited Scope of Work (LSW): A work task that has a scope of work limited to M&S contracts and does not involve an activity that has a residual risk assessment code (RAC) of high or extremely high. Level 1 Site Safety and Health Officer (Ll): A person who through experience and training has the technical knowledge needed to anticipate, recognize, and evaluate hazardous conditions and recommend adequate con-ective action and ensure con-ections are made in a timely manner. They are responsible for implementing and evaluating their employer's safety and health program to ensure all their employees are provided a workspace that is free from any recognized hazards. A L 1 is required for all tasks unless the contract specifications state otherwise due to job complexity, size, scope, and any other pertinent factors.

Level 2 Site Safety and Health Officer (L2): Is a collateral duty (Dual Hatted) safety officer who tluough experience and training has the technical knowledge needed to anticipate, recognize, and evaluate hazardous conditions and recommend adequate corrective action and ensure corrections are made in a timely manner. They are responsible for implementing and evalm:ting their employer's safety and health program to ensure all their employees are provided a workspace that is free from any recognized hazards. A L2 is only permitted if they work under stringent direction and guidance ofa Ll, and on projects that have a RAC level oflow or medium. A L2 shall be accepted by the CEHNC KO and Safety Office and permitted by the contract.

Level 3 Site Safety and Health Officer Designated Representative (L3): Personnel with additional safety duties in addition to their full-time occupation. They shall have the technical knowledge needed to anticipate, recognize, and evaluate hazardous conditions and recommend con-ective action. A L3 is only permitted if they work under stringent direction and guidance of a Ll, and on projects that have a RAC level oflow or medium. A L3 shall be accepted by the CEHNC Contracting Officer (KO) and Safety Office and permitted by the contract.

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Maintenance and Service (M&S) Work: A work task that has a scope of work limited to maintaining or keeping a structure, fixture or system in proper condition in a routine, scheduled, or anticipated fashion. The work may be required in the performance of emergency or routine maintenance activities.

Risk: Risk is defined as the measure of the expected loss from a given hazard or group of hazards, usually estimated as the combination of the likelihood (probability) and consequences (severity) of the loss.

Risk assessment: The process of characterizing hazards within risk areas and critical technical processes, analyzing them for their potential mishap severity and probability (or frequency) of occurrence, and prioritizing them for risk mitigation actions. The first two steps of the composite risk assessment ( CRM) process.

Risk category: A specified range of risk associated with a given level (high, serious, medium, low) used to prompt specific action such as reporting hazards to appropriate management levels for risk acceptance.

> Extremely high risk: Loss of ability to accomplish the mission or the mission produces extremely severe outcomes. This implies that the risk associated with this mission, activity, or event may have severe consequences beyond those associated with this specific operation or event. The decision to continue must be weighted carefully against the potential gain to be achieved by continuing this course of action. It must be approved at an appropriate level of command.

> High risk: Significant degradation of mission capabilities in terms of the required mission standard, inability to accomplish all parts of the mission, high potential for serious injury to personnel, or inability to complete the mission to standard if hazards occur during the mission. This implies that if a hazardous event occurs, serious consequences will occur. The decision to continue must be weighted carefully against the potential gain to be achieved by continuing this course of action. It must be approved at an appropriate level of command.

> Medium risk: The ability to complete the mission will be slightly degraded in the event this hazard occurs. If a hazardous event occurs it will only slightly impact on the mission, result in only minor injury or loss, and not affect overall readiness.

> Low risk: Expected losses have little or no impact on accomplishing the mission. Injury, damage, or illness will be minor and have no long-term impact or effect.

Qualified Person (QP): one who, by possession of a recognized degree, certificate, or professional standing, or extensive knowledge, training, and experience, has successfully demonstrated his/her ability to solve or resolve problems related to the subject matter, the work, or the project.

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Flow Chart Option I.

Yes Colltrai:t 1ilJow1 U$tl ofl1,l2,and/orl3. Yes

No

Prim• cont111ctor d@t~lnu L2/l3 ~n eff!!ctlve1y lrnpl•ment their safety program ontlte with the

Sllpervblon cf an Ll, No

Yes Yes L1 may appoint t; L2 or l3 to oven111 work onslte in accord an~ with contnict.

(Se• eontract for sptclfie requirenwnt} Thes. lndMdua!t tITT!ll be ntbml~ along wltha:

Form 01·1 •nd a«epted by th11 GOA and meet all

Alqufremenb identified In this policy.

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APPOINTMENT MEMO

Designation of Safety and Health Official Certificate

This certificate shall be signed by an official of the company that ensures Safety and Health Officials (SHOs) are qualified and designated in writing.

Prime Contractor Name: Contract Number:

This form is to designate a (check which applies):

Level I Safety and Health Official (LI) D Level 2 Safety and Health Official (L2) D Level 3 Safety and Health Official (L3) D as a qualified SHO.

SHOName: SHO Phone Number:

I certify that:

I. The above SHO conform to the minimum requirements of the Policy for Safety and Health Officers to include training and experience.

2. The SHO noted above has been trained, qualified and designated in accordance with the requirements in the Policy for Safety and Health Officers.

" The SHO noted above has been trained on our company's safety policy and procedures. .) .

4. The SHO and company official (stafJ) are aware that immediate notification to the ODA of any incident or accident is required.

Company Corporate Official Name/Title:

Company Corporate Official Signature: Date:

Additional Information:

Provide a signed copy of this designation certificate to the Government Designated Authority prior to work. (Submit with Accident Prevention Plan, Addendums, Service Orders, etc.)

A copy of this certificate shall be maintained by the SHO at the work site.

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DEVIATION APPROVAL AND RISK ACCEPTANCE DOCUMENT (DARAD)

For use of this loon, see DA PAM 385-30; the proponent agency is DAS.

SITE INFORMATION

1a. Country: United States and OCON US j 1b. State: All j 2. Service: Army I 3a. Installation Type: OTHER

3b. Installation Name: US Army Engineering and Support Center, Huntsv ille I 3c. Type of Site: Maintenance and Service Contract Work

DEVIATION INFORMATION

4. Deviation #: j sa. Effective Date: j sb. Expiration Date: , 6. Deviation From: Other A rmy Safety Standards {\Wlaufo~lr°'"°'°'' ,,,

7. Type of Deviation: W - Waiver 1 s N b rru d p h f R . 1 US Army Corps of Engineers Safety and Hcallh Requirement manual, EM 385- 1- 1. Section a. um er 1 e an aragrap o equ1remen : . .

0 1.A. I 7, Site Safety and health Officer (SSHO) Requirements

Sb. What we need to do that deviates Remove the requirement for a SSHO to be present at every job site for maintenance and service contracts.

from 8a:(Synopsis of block 241

T he SSHO as written is not practical for Maintenance and Service Contracts because of the geographic breadth of work, the Be. Operational, Strategic or Compelling Reason for Violation:

l11111ted number of persons on site, the number of contractors on-site, the use of local subcontractors and the scope of work.

9. Potential Consequences of I 9a. #Fatalities: 0 I 9b. #Injuries: 0 I 9c. Equip/Fae Loss$:$ 0.00 i 10. Date Deviation Initiated: 20170403 Deviation from Approved Standards:

11. Residual 3 - Moderate 112. Residual E _ Unl ik 1 113. Res~dual Level L- Low _ RAC 4

I 14a. Safety Professional/ Jason Walsh, Safety Manager.

Severity: Probability: e Y of Risk: Analyst (POC Info)· Jason.p.walshVfusace.army.mJI

. (256 895- 1421

14b. Analyst Signature: I 14c. Submitter (POC Info): k Ir ·ir @ .1 (256 895 1584) (If different from 14a.) e 1e.m.w1 1ams c usace.army.m1 -

I 14d. Submitter Signature:

(if different from 14a.)

14 e. REVIEWED BY:

DATE CONCUR ORGANIZATION

(YES/NO)

PRINTED NAME/TITLE Attachment SIGNATURE

3/11/11- ~e..-S CEHNC-SO K ellie Will iams/Chief of Safety & Occupat ional Health Office Attachment? i::g:: -;_j( .t.i.40. d I.

3(~ J '7 ~{5 CEHNC-OC M argaret Simmons/ Chief of Office of Counsel Attachment? D 7/hJ/V:J -(:/,A , i\1A-'\1 '-f~.S CEHNC-I S Arthur Martin II I , Director of I nstallation Support & Program Mgt Attachment? Q J ......... d .:"\. L J A' ' J."'>. , I

Colleen O 'Keefe/D irector of Contracting Attachment? ~ ~ ~L1° ~v C EHNC-CT _, ~./,,_ - ' ,..,/"'" /, :r-L:/'O<'?//, r~ C EHNC-ZB A l bert Ma~n Ill /D irector Programs & Technical Management Attachment? ~ "-./; ~~ v I , ' c... ~.J>"

Attachment? LJ

DEVIATION A PPROVAURISK ACCEPTANCE

I have reviewed the risk assessment and understand the hazard and potential consequences. I am approving this deviation and accepting the additional potential consequences and residual risk based on current operational necessity .

15. Army HQ: j 1sb. Unit/Comm: 16a. DATE: 11 Sb. Expiration Date: j 11. RANK/TITLE: Colonel, EN/Commanding

17a. PRINTED NAME: John S. Hurley I 17b. SIGNATURE: A-~A- - ? ~ ·~ -;:r-~ ~ - , • - -u - (J I Attachment? 0 17c. Comment:

1.;J DA FORM 7632, APR 2015 PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 3 APO LC v1 .OOES

W912DY-15-D-00XX TE-12.0 - Page 15 of 17 15 October 2018

• .•... •·•·· .; ... •· . . ··•· . .. RISKASSESSMENT WORKSHEET '. '.·'· ··:-: '

Deviation#: I Effective Date: I Expiration Date:

1::- ''-'_• ''' -,-_. ',,._"·

-·· :_._-. _,·, ·:·.-·:::---· · .. ·. . ...... > . ../ ... •. .. ._-_-_ '-, ---:--'- ... · .. ... · • · •· RISK ANALYSIS INFORMATION ... •·· .. ·,-_,..> ,-' ---:- .. ··· -_._-- ,- _,.:·- . '-, '._:_:._·-- ' ' -__ .._--_ ·-,.> . "/_- -~- ' ·· .. .

18. Current Situation: "Provide a description of the situation that necessitates this deviation." 1·······.··.· · ..• l\u~chillent< D

19. Hazard Category: Other 20. Specific Hazard: On·Sitc Safety and Health Oversight of Corps of Engineer projects

21. Duration of Deviation 1~1a. 1 month or less: (select the (Choose one of the fallowing) duration (in days))

0 121b, 1 month to 1 year: (select the duration (in months)) lo 1~1c 1 year to 5 years, (select the I O duration (in years}) 121d. Permanent or greater than 5 years: (enter / PEilMANFNT numberofyearsorPERMANEN1) ~ '

22. Deviation Approval Authority: (or Equivalent) Brigade CO, Responsible ()6, Responsible GM-16/GS-l 5 or equivalent I ;<.· ..••... ··•·•·>•.··• ,··> < ·••••·<

23. Mission Impact of Not It the nsk 1s not accepted, and a SSHU 1s required at each project site, n1a1ntenance R service projects t11roug11out DUD \Vtll cost 111orc and t11e response -_,-:_>-,----:'---- ''.- Accepting Risk: ti111e or the contractors \Vill increase thus in1pacting the \vorking condition or critical support equipment world\vide. f\lt<1chment? D

24. What we need to do that violates Sa: {Provide a detailed description of the action that deviates from the standards.) 1·. Attachment? D There \\'iii not be an SSHO physically located at each project site for projects that defined as service and n1aintenancc \Vork.

25. Control Measures: "Measures taken, or will take, to reduce hazards of risk being accepted." L .·· ···•·•·· A!laclm'!~~t? D The attachment provides the CEHNC Policy that \viii replace the on-site SSHO requirr.::ment found in Section 01.A.17. The contractor is still responsible for having a Safety and Health Officer (defined as LI \vhich n1eets all rcquircn1cnts of EM385-I-l) in there co1npany that is responsible for ensuring lhe safety and health rcquiren1cnts arc nlel. Ho\vcver, this individual is not required to be on-site. There arc nvo options for on-site safety officers that can be added by contract. Option I. L2 SI-IO who nlust 1neet all LI requiren1ents \Vith the exception that he/she can be collateral duty ("dual hatted"). Option

2. L3 Sf.IO is equivalent to the designated representative (DR) currently allo,ved JOr project sites that arc rc111otc. This person is required to be a con1pctent or qualified person. Both L2 and L3 1nust be managed by the prin1e contractor L 1. All SI·lO's shall be designated in \Vriting on a Fonn 01-1. On-site sa!Cty is still being perfonncd but not by an SSH() as currently required in EM 385-1-1.

26. Permanent Corrective Actions (with Milestones): Include estimated cost, mHitary construction project number, etc. I Atta.c~m~~.t? D The USAESCH Policy requires all Sl-IOs to have a Form 01-1 SHO Designation Certificate signed by theiren1ploycr. The prin1c contractor 1nust to provide the Govcrntnent information in their APP as to ho\v the LI ~vill ensure the L2 and/or L3 is/are i1nplcn1cnting the rcquiretnents of the prime contractor's safety program, This is required to ensure that the LI is actively engaged in site activities. The policy also requires that the Huntsville Center conduct audits of Maintenance and Service projects to ensure rcquircn1ents are being n1et. This audit includes site and desk inspections. The policy requires the contractor to provide a signed Activity Hazard Analysis (AHA) \Vith each invoice submitted, This will be used as a n1easure to confirn1 the \Vorkcrs arc revie,ving the Al·IA in the field prior to the start of an activity.

27. Alternatives Considered: "Things considered doing but didn't. and why." I• Alternative 1: Waiver of the requirement in its entirety. This did not provide the oversight as required by EM 385-1-1 and meant assun1ing n1ore risk. The risk level \Vas not acceptable.

Alternative 2: Just requiring a designated representative (DR) as defined in EM 385-1-1. This is not practical because it li111its the mnount of ti1nc to 24 hours only. Maintenance and service contracts such as painting may take longer to complete. Hazards do not increase \Vith ti1ne so \Ve feel it is better to n1anage risk by using residual risk and not time.

Alternative 3:

28. Attach any supporting documents (i.e. Photos, MOU, ASAP-X, ESS, etc.) I

DA FORM 7632, APR 2015

At1"chme~t? D

Attachment? D

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AMMUNITION AND EXPLOSIVES WORKSHEET · .. · •. :•. ·

Deviation#: I Effective Date: Expiration Date:

1,-_ - _- ::- __ .-- - ___ )-:·.-\ :-_- :_:-,,:·--- - ·_:_·::-:··-.< _::- _::--_._ - ' ,:.· " ____ : <._:-::-:.-:>_'.<·, __ :_::·---:__-_< :-·_·;"-':} '., INf'ORMA,TIONQNTHEf>OTENTIALEXf'LOSION.SITE(f>ES) ....... •.··· .· .• ·.•. .. < > .• ······: ... ·· ......... •.·· ... •.

29a. PES Name/#: 29b. PES Function: 30. PES #People:

31. PES Equip/Fae (Value) $: 32. Required Blast Distance: 33. Required Fragment Distance:

34a. Hazard Division: U: NEW: 34b. Hazard Division: 1.2...:t: NEW: 34c, Hazard Division: 1.2.2: NEW;

34d. Hazard Division: 1.2.3: NEW: 34e. Hazard Division: i._:i: NEW: 34f. Hazard Division: 1.4: NEW/MEO:

35a. QD arcs exceed the installation boundary? YES 0 j NOD j Are other Services affected? YES 0 I NOD I Was coordination made? YES DI NOD I Pro~ide other coordination documentation, as necessary

Why coordination was/was not TllIS PAGE IS NOT APPLICABLE TO TllE SSHO VARIANCE REQUEST I Coordination paperwork D made: attached?

35b. Js this deviation associated with a hybrid or risk~base safety submission? I 35c. If YES, provide site plan#: .. .:,:. ·.··. '·:'<~.'<'·.' .. ::_.\:_<'·.-_:.;:::·.\<~ ... _..::·':._·>_:.:\·.:.;. ·: .... _, .. .-.:··· : ..... i:; '::;--.. _:: ... ':_:. '·;· ;·,, " INFPRMA,TION ON THE EXi>OSEP SITES. (ES} .'":'.':':',':. ·, .. ,. · .. ·.· .. \: ·:;: :-.':-.'<·:: ... :·. :··: •' :-:'. '. ..... :: .. ·. _·:. ·" :> ..... '>:·· .. :·.'·: .-> ::-: :, .. '. .":-":".<·.:) _.-·:: ·.•·····.

36. EXPOSED SITES

FACILITY

DISTANCE #PEOPLE EQUIP/FAG

EXPOSURE TYPE

REQUIRED I ACTUAL

(VALUE)S

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

.. ·.·•·> ; ••• ···<v.· . . .•..• . ..... •. ;/>.· .. ·/.··· .·;: '<, \:_ .... _.;..::_ -:'.· -,_·: .. " \.'· - ·. '

37. Potential Explosion Site: a. Fatalities: b. Injuries:

38. Potential Losses for Exposed Sites (ES)

a. Fatalities: b. Injuries: Meeting Criteria:

39. Potential Loss Being Accepted for

a. Fatalities: 0 b. Injuries: Deviating from Approved Standards:

40. Total Potential Loss (#/$): a. Fatalities: 0 b. Injuries;

DA FORM 7632, APR 2015

ON/OFF

INSTALLATION

At Required Distance At Requested Distances (Attacliment?) l

FATALITIES INJURIES

EQUIP/FAG

FATALITIES INJURIES

EQUIP/FAG

VJOLATION? (LOSS)S (LOSS)S

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

·•····•• ....... •····· ·>·c. .•.> . :.>.·: .;.• .. • •. ··•.<; • •• < · .. · >.

c. Equip/Fae S;

e. Equip/Fae S

0 c. Equip/Fae S

0 e. Equip/Fae S

$ 0.00

$ 0.00

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