Appendix_G_Additional_Safety_and_Occupational_Health_Requirements_for_Projects_in_Italy.pdf

SECTION 01 35 26.15

ADDITIONAL SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

FOR PROJECTS IN ITALY

(08/10)

PART 1: GENERAL

1.1 GENERAL REQUIREMENTS

1.1.1 Personnel

1.1.2 Documents

1.2 PAYMENT

1.3 NATURE OF PROJECT

1.3.1 Requirements Prior to Beginning Construction

1.3.2 Responsibility for Delay

1.4 REQUIRED COMPLIANCE WITH ITALIAN LAW 81/2008 AND AMENDMENTS

1.4.1 Pre-Construction Documentation

1.4.2 Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER

L’ESECUZIONE

1.5 SUBMITTALS

1.6 REGULATORY REQUIREMENTS

PART 2: PRODUCTS

PART 3: EXECUTION

3.1 ITALIAN CONSTRUCTION SAFETY LAWS

3.2 REQUIREMENTS

3.2.1 Preliminary Notification (NOTIFICA PRELIMINARE)

3.2.2 Planning (Pre-Construction) Phase

3.2.3 Construction Phase

3.3 CONSTRUCTION SAFETY COORDINATOR (COORDINATORE INDEPENDENTE PER

L’ESECUZIONE)

3.4 ADDITIONAL REQUIREMENTS

PART 1: GENERAL

1.1 GENERAL REQUIREMENTS

This specification supplements Section 01 35 26 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS and establishes additional requirements for the contractor to comply with Italian Safety Laws.

1.1.1 Personnel

Any personnel (coordinators) referenced in this section shall be independent of and separate from the Site Safety and Health Officer identified in Section 01 35 26 and EM385-1-1. The appointment of a coordinator for planning, design, and/or construction does not negate the requirement for the Contractor to appoint a Site Safety and Health Officer, who shall not be assigned any duties identified in this Section.

1.1.2 Documents

All plans and documents required by this section are in addition to and separate from those identified in Section 01 35 26.

SECTION 01 35 26.15 – Additional Safety & Occupational Health Requirements For Projects In Italy (08/10)

1.2 PAYMENT

Separate payment will not be made for compliance with this specification.

All associated costs will be included in the applicable Bid Schedule unit or lump-sum prices, or, where applicable, coefficients.

1.3 NATURE OF PROJECT

Under this contract, and, if this is an indefinite delivery-indefinite quantity type contract, each task order issued under this contract, the contractor is both the designer of record and the construction contractor.

The Government will provide the contractor with a partial design or a scope of work. The contractor will be responsible for fully preparing any and all documents and fulfilling all conditions related to Italian safety legal requirements mandated for the planning and design phase of the project, even if the contractor is not furnishing any architectural-engineering services under the contract.

1.3.1 Requirements Prior to Beginning Construction

No construction shall begin until all the appropriate plans have been submitted, reviewed, and accepted; and the Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER L’ESECUZIONE) has confirmed all requirements of Italian safety laws have been met.

When the period of performance does not include separate timelines for design and construction activities, the contractor shall perform ALL work within the period of performance indicated. The contractor shall plan the works to allow for adequate review and approval time for these plans.

If separate periods of performance for design and construction activities are identified, no construction shall begin without a written Notice to Proceed from the Contracting Officer or, on Job Order Contracts (JOCs), Ordering Officer.

1.3.2 Responsibility for Delay

Any delays and/or damages to the Contractor due to delays resulting from erroneous, incorrect, or inadequate information submitted become the sole responsibility of the Contractor.

Under no circumstance shall any direction from the Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER L’ESECUZIONE) be subject to a claim or change to the contract.

1.4 REQUIRED COMPLIANCE WITH ITALIAN LAW 81/2008 AND AMENDMENTS

The contractor is responsible for conformance with the requirements of Italian law, including Law 81/2008, as amended, in effect at the time of award of the contract or task order.

1.4.1 Pre-Construction Documentation

The contractor is responsible for demonstrating its technical and professional capabilities and to submit this documentation to the

Contracting Officer Representative (COR) prior to receiving clearance to begin Construction, pursuant to Article 89 of Law 81/2008. This includes the documentation required by Article 90, paragraph 9b and Attachment XVII of Law No. 81/2008. The contractor is responsible for verifying the technical and professional capabilities of all subcontractors in accordance with Law 81/2008.

1.4.2 Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER

L’ESECUZIONE

The Government will provide the name of the Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER L’ESECUZIONE) to the contractor after award of the contract or task order. This coordinator shall perform the duties specified in the law 81/2008 during the construction phase of work.

1.5 SUBMITTALS

All plans required to be prepared by the contractor in accordance with this specification shall be provided to the Government. The Government will not review or provide comments in regard to these plans; submission to the Government is required solely to validate that the plan has been prepared and submitted by the contractor and will be retained in the project files for any inspections by the Italian authorities.

SD-01 Preconstruction Submittals

1. Preliminary Notification (NOTIFICA PRELIMINARE)

2. Safety and Coordination Plan (IL PIANO DI SICUREZZA E DI COORDINAMENTO

[PSC})

3. Safety Plan during the Execution Phase (PIANO OPERATIVO DI SICUREZZA

[POS])

4. Other documentation required by Italian Construction Safety Law, 81/2008, as amended.

The Government will provide the PSC and the POS to the Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER L’ESECUZIONE) for review and comment. They will coordinate directly with the contractor for any necessary corrections and implementation of the plans.

1.6 REGULATORY REQUIREMENTS

In addition to the requirements included in the provisions of this contract, work performed shall comply with USACE EM 385-1-1, and the host nation laws, ordinances, criteria, rules and regulations; in particular, the requirements of the Italian Construction Safety Law, 81/2008, as amended.

PART 2: PRODUCTS

Not Used

PART 3: EXECUTION

3.1 ITALIAN CONSTRUCTION SAFETY LAWS

In addition to other requirements for accident prevention specified in this contract, the contractor is responsible for coordination of all work at the site and for compliance with all Host Nation and local requirements governing safety and health protection on construction sites and other applicable occupational safety codes.

In particular, Italian Construction Safety Law, 81/2008, as amended, applies to all projects meeting any of the following criteria and the criteria currently applicable in the law:

(1) the work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or

(2) the volume of work is scheduled to exceed 200 person-days, or

(3) the work presents particular risks, e.g. excavations deeper than 1.5 meters, falls from a height of greater than 2 meters, exposures to hazardous chemical or biological substances (including lead and asbestos) or require medical monitoring, work at less than 5 meters from high voltage lines, underground earth work or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater, or

(4) where separate work is occurring on a single installation that is similar and is being performed by the same contractor or work that is occurring at the same or nearby jobsite and is being performed by several contractors;

3.2 REQUIREMENTS

3.2.1 Preliminary Notification (NOTIFICA PRELIMINARE)

The Government will provide a draft copy of the Preliminary Notification (NOTIFICA PRELIMINARE) to the contractor shortly after award of the contract/task order. The contractor shall complete the information on the form as indicated by the Government and return the form to the Government.

The Government will coordinate completion of this document and provide through the local installation representatives to the appropriate host nation authorities (Italian Base Commander) before Construction may begin.

3.2.2 Planning (Pre-Construction) Phase

If a project and/or awarded task orders/contracts meet any of the criteria referenced in Paragraph 3.1, the contractor is appointed and considered to be the Works Manager (IL RESPONSABILE DEI LAVORI) for all phases of work prior to the physical performance of the construction works, even if the contractor performs no other architectural-engineering services . The contractor shall perform and complete any safety requirements mandated under Italian safety laws prior to the Execution phase of the project. This includes the requirement to:

(1) Designate a qualified safety coordinator (COORDINATORE PER LA PROGETTAZIONE). The coordinator shall be qualified in accordance with Italian Law, meet all minimum training and experience requirements, and perform all duties required under Italian laws.

(2) Prepare a Safety and Coordination Plan (IL PIANO DI SICUREZZA E DI

COORDINAMENTO [PSC]) meeting the requirements of the law.

The contractor shall be responsible for directly coordinating with the appropriate authorities for any necessary approvals.

3.2.3 Construction Phase

If a project and/or awarded task orders/contracts meets any of the criteria referenced in Paragraph 3.1, the contractor shall:

(1) Comply with all aspects of Law 81, including and not limited to Articles 89 and 97.

(2) Prepare the operative safety plan during construction (PIANO OPERATIVO DI SICUREZZA [POS]) prior to commencing any construction works

(3) Oversee safety at the site and the application and regulation of the safety and coordination plan (POS).

(4) Comply with all directions and instructions of the Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER L’ESECUZIONE).

3.3 CONSTRUCTION SAFETY COORDINATOR (COORDINATORE INDEPENDENTE PER

L’ESECUZIONE)

The contractor shall take direction from the Construction Safety Coordinator (COORDINATORE INDEPENDENTE PER L’ESECUZIONE) during the construction phase regarding inspections, implementation, integration, and updating of the PSC and POS during progress of the work.

3.4 ADDITIONAL REQUIREMENTS

The contractor is responsible for completing and providing any information in a timely manner when requested by the Government to carry out its responsibilities under Law 81/2008.

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