WORK BY CONTRACTORS ON THE ARGONNE SITE -.pdf

ANL-366H (09-19-2024)

High Risk On-Site Supplemental Conditions

ANL-366H (September 19, 2024) 1

1. NOTICE TO PROCEED

This contract is designated as High Risk. The contractor shall not commence on-site work under this contract unless and until the contractor receives a written notice to proceed issued by the Procurement Representative.

2. INDEMNITY

(a) The contractor shall indemnify and hold UChicago Argonne, LLC,(Laboratory or Argonne) the University of Chicago, and the United States Government, and their directors, officers, trustees, agents, servants, and employees, jointly and severally harmless against any loss or damage (including loss or damage from any personal injuries or death of persons, and loss of or damage to property), and any expense in connection therewith (including expenses of litigation, together with attorneys’ fees incident thereto) arising out of or connected with the performance of work under this contract by the contractor, its subcontractors, and their agents, representatives, servants, and employees. This requirement shall survive termination or expiration of this agreement.

The contractor shall use reasonable care to avoid damaging existing buildings, equipment, land, and vegetation on the site. If the contractor’s failure to use reasonable care causes damage to any of this property, the contractor shall replace remediate or repair the damage at no expense to the Laboratory or site owner (if different) as the Laboratory Procurement Official directs. If the contractor fails or refuses to make such repair, remediation or replacement, the contractor shall be liable for the cost, which may be deducted from the contract price. Notwithstanding the foregoing, if the Laboratory deems, in its sole discretion, that this damage has created an emergency situation or that contractor personnel or their proposed subcontractors are not suitably qualified to perform the repair, remediation, or replacement work, the Laboratory may perform such work and the contractor shall be liable for the cost, which may be deducted from the contract price.

(b) The contractor shall immediately notify the Laboratory of any injury or death and of any loss of or damage to property of the Laboratory or the United States Government and shall furnish the Laboratory with a statement concerning such injury, death, damage, or loss in such detail as the Laboratory may require.

3. INSURANCE

(a) The contractor and each of their subcontractors shall have and maintain for the duration of work this contract the following insurance coverage, provided by an insurance carrier rated “A” or better by A.M.

Best with coverage valid within the location(s) where the work is conducted and such insurance will not be canceled, changed, or allowed to lapse in the policies except upon not less than ten (10) days prior notice thereof to the Laboratory:

ANL-366H (September 19, 2024) 2

LINE OF COVERAGE

LIMITS

GENERAL LIABILITY

Commercial General Liability Claims Made Occurrence

General Aggregate Limit Applies Per:

Policy Project Log

EACH OCCURRENCE $2,000,000

Personal & Adv Injury General Aggregate Products – COMP/OP AGG

$2,000,000

AUTOMOBILE LIABILITY

Any Auto

COMBINED SINGLE LIMIT $1,000,000

PROFESSIONAL LIABILITY (Applies to Architecture and Engineering Agreements only)

PER OCCURRENCE AND IN

AGGREGATE $2,000,000

WORKER COMPENSATION AND

EMPLOYERS’ LIABILITY

WC

STATUTORY

LIMITS

OTHER

$1,000,000 $1,000,000 $1,000,000

E.L. EACH ACCIDENT

E.L. DISEASE EA EMPLOYEE

E.L. DISEASE-POLICY LIMIT

(b) All policies, excluding Worker’s Compensation and Professional Liability (if applicable), shall provide by appropriate language that UChicago Argonne, LLC, the University of Chicago and the United States Government are additional insureds; that the insurance afforded by such policies is primary insurance;

and, that all rights of the insurer for contribution from other insurers of UChicago Argonne, LLC, the University of Chicago and the United States Government are waived. All of contractor’s insurers shall agree to waive rights of subrogation against the additional insureds.

(c) The contractor agrees to deliver to the Laboratory before any work is performed hereunder, certificates of the insurance companies as to the particulars of the insurance coverage above referred to, and such certificates shall contain a provision that such insurance will not be canceled, changed, or allowed to lapse in the policies except upon not less than ten (10) days prior notice thereof to the Laboratory.

(d) Before permitting any subcontractor to perform any work under this contract, the contractor shall require that such subcontractor furnish satisfactory evidence that it has taken out and maintains insurance in the same amounts and with the same provisions as required by the preceding paragraphs of this clause.

4. ENVIRONMENT, SAFETY AND HEALTH

The contractor and its subcontractors shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of the Laboratory, U.S. Department of Energy (DOE), and contractor personnel, as well as members of the public, and protection of the environment. This includes compliance with all applicable environment, safety and health regulations and requirements, including reporting requirements of DOE as identified by the Laboratory in writing from time to time. Such regulations and requirements include:

Title 10 of the Code of Federal Regulations (CFR), Energy, Part 851, Worker Safety and Health Program (WSHP), which invokes:

Title 29 CFR, Labor, including but not limited to parts 1910 and 1926 as applicable;

ANL-366H (September 19, 2024) 3

Title 40 CFR, Protection of Environment;

Title 49 CFR, Transportation;

Title 10 CFR 820, Procedural Rules for DOE Nuclear Activities;

Title 10 CFR 850 Chronic Berylium Disease Prevention Program Title 10 CFR 830, Nuclear Safety Management;

Other applicable state, federal, and local regulations

10 CFR 851 includes requirements which go above and beyond OSHA; such requirements include the American Conference of Governmental Industrial Hygienists (ACGIH) “Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices” for silica exposure, National Fire Protection Agency (NFPA) 70E “Standard for Electrical Safety in the Workplace”, NFPA 70 “National Electric Code”, American National Standards Institute (ANSI) Z49.1 “Safety in Welding, Cutting, and Allied Processes”, and ANSI Z136.1 Safe Use of Lasers”. This list is not intended to be all inclusive, but a highlight of the most frequently applied standards that are not typically required by OSHA alone.

Detailed information about this regulation can be found at the DOE’s website (https://www.energy.gov/gc/10-cfr-851-worker-safety-and-health-program). The contractor is responsible for reviewing the requirements of this regulation and incorporating these requirements with respect to on-site use of subcontractors. 10 CFR 851 requires a DOE-approved WSHP for every covered DOE site. Requirements of the Argonne Integrated Safety Management System/WSHP description that are applicable to Laboratory contractor are specifically communicated through this document, form ANL-366H. Contractor compliance with 10 CFR 851 is, therefore, achieved by:

(a) Complying with terms and conditions applicable to and associated with the contract, or alternatively,

(b) Authoring, submitting, and obtaining approval from DOE of a site-specific WSHP. Prior to the date the contractor submits a proposal for this contract, or the date the contractor executes it, whichever is earlier, the contractor shall notify the Laboratory in writing if the contractor will seek DOE approval of any alternative site-specific WSHP developed by the contractor and also provide the Laboratory with copies of any such Plan and an opportunity to comment on and discuss any such Plan. Unless and until such DOE approval is given, the contractor will comply with the terms and conditions included and referenced in this contract.

(c) Before permitting any subcontractor to perform any work under this contract, the contractor shall require that such subcontractor furnish satisfactory evidence that it has taken out and maintains insurance in the same amounts and with the same provisions as required by the preceding paragraphs of this clause.

The Laboratory shall notify the contractor in writing of any known noncompliance with the provisions of this clause and corrective action to be taken which may include suspension of personnel from the site. DOE or other regulatory authority, if appropriate, can issue a Notice of Violation which can be accompanied by a fine per day citation. After receipt of any notice (written or verbal), the contractor shall immediately take corrective action. The contractor shall indemnify and hold the Laboratory harmless in the event DOE or another regulatory authority imposes a fine or penalty on the Laboratory pursuant to a violation of 10 CFR 851 or other applicable regulations, and such fine or penalty arises out of or is connected with the performance of work under this contract by the contractor, its subcontractors, and/or their agents, representatives, or employees. In the event the contractor fails to comply with regulations and requirements of this clause, the Laboratory may, without prejudice to any other legal and contractual rights of DOE or the Laboratory, issue a “Stop Work Order” which is an order stopping all or any part of the work. The contractor shall promptly

ANL-366H (September 19, 2024) 4 evaluate and resolve any noncompliance with applicable ES&H requirements. If the contractor fails to provide resolution or if, at any time, the contractor’s acts or failure to act causes substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Laboratory Procurement Official may issue an order stopping work in whole or in part. Any stop work order issued by a Laboratory Procurement Official under this clause (or issued by the contractor to a subcontractor) shall be without prejudice to any other legal or contractual rights of the Government/Laboratory. In the event that the Laboratory Procurement Official issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Laboratory Procurement Official. The contractor shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this clause. In the event the Laboratory subsequently issues an order to the contractor to resume work, the contractor shall make no claim for an extension of time or for compensation for damages by reason of, or in connection with, such work stoppage.

All Laboratory employees, DOE employees, visitors, facility users, and contractors are empowered and obligated to stop any activity that they deem to pose an immediate danger to themselves; other employees, visitors, users, or contractors; the public; or the environment. This authority is referred to as “stop-work authority.” Individuals who exercise stop-work authority also are obligated to immediately report their action to the division director or department head sponsoring the work, the Project Specialist, and the Project Manager and Laboratory Procurement Official affiliated with the work when applicable.

(a) Reporting Requirements for Incidents and Unauthorized Releases

(1) All incidents and unauthorized releases to the environment involving contractors and subcontractors occurring at the Laboratory site must be reported immediately by dialing 911 from a Laboratory telephone, or 630-252-1911 from a cellular phone. The incident or unauthorized release must also be reported immediately to the Project Specialist, Technical Representative or Project Manager. When this type of incident occurs or when the contractor is issued a Notice of Safety Violation, the contractor shall complete an ANL-240, Investigation Report for Injury/Illness or ORPS Report Level Low (RL L) and Report Level Informational (RL I) Incidents, and ensure that any injured person and all witnesses to the incident complete an ANL-239, Incident Description and submit these to the Project Specialist, Technical Representative, or Project Manager within 24 hours. Contractor personnel must be made available upon request by the Laboratory for interviews or to assist in other investigation activities of the Laboratory. The types of emergencies that must be reported include but are not limited to: fire, explosion, personnel injury/illness, security incident, vehicle accident, utility failure, tornado sighting, possible contamination incident, or toxic or flammable material spill or release.

(b) Job Safety Analysis (JSA)

The JSA is a detailed analysis of the steps taken to complete each phase of the job, a detailed description of the hazards of each of those tasks and the mitigation actions that will be taken to eliminate or minimize the exposure to those hazards.

(1) The contractor must submit to the Project Specialist/Technical Representative and have reviewed by

Laboratory, prior to the pre-job meeting, a JSA (activity hazard analysis, per 10 CFR 851, (ANL- 209H) which details the specific hazards associated with each phase of the job as well as the mitigating actions the contractor shall take to reduce the risk of injury. While the contractor ultimately remains responsible for the content of the JSA, the Laboratory will make itself available to respond to questions on acceptability. The JSA must identify foreseeable hazards and planned protective measures; and

ANL-366H (September 19, 2024) 5 identify competent persons required for workplace inspections of the construction activity, where required by OSHA standards. Safety Data Sheets (SDSs) for all chemicals used or brought onsite are to be submitted as part of this analysis. (A link to the ANL-209H JSA is provided at the end of this supplement.)

(2) The contractor shall provide a Job Safety Orientation to all contractor and subcontractor personnel prior to their starting work. The orientation as a minimum shall include a review of the JSA, all related permits and plans and a review of the emergency numbers, egress routes and assembly points. Each contractor employee shall sign the JSA form to indicate having received the orientation. A copy of the signed JSA shall be given to the Project Specialist/Technical Representative.

Note: A JSA is not required under the following circumstances:

If the requisition is for a Contract of Augmented Staff/Personnel/Clerical or

Office Support Staff (used as staff augmentation), where those personnel will complete a JHQ, complete all required Laboratory training including building orientation, and work under existing Laboratory work planning and control documents and associated work permits. If the requisition is for training services or demonstration of products provided, where there is no use of hand tools.

If the requisition is for training services or demonstration of products provided where there is no use of hand tools and no exposure to hazards.

If the requisition is for the delivery of purchased items/materials, where the contractor will not use manual material handling equipment for off-loading or handling of procured goods.

If the requisition is for contracted transport of personnel such as chauffer, bus, or shuttle services.

(3) Specific plans and/or procedures in the areas of fall protection, excavation, trenching, confined space, and hoisting and rigging may be required as job conditions dictate. Documentation to address these activities must be submitted to the Laboratory for review prior to starting work as provided below.

Names and qualifications of competent persons as defined by OSHA must be submitted for review a minimum of seven (7) days prior to the start of those activities. If the Laboratory deems the submission acceptable and any other requirements have been met, work can commence.

The contractor shall submit the following documentation as may be required, including but not limited to:

1. Equipment inspection documentation required by 29 CFR 1926, Subpart N must be with the equipment and shall be reviewed by the Laboratory prior to use. This includes personnel lifts, cranes, augers, suspended scaffolds, winches, spreader beams, and lifting devices.

2. If the contractor intends to administer first aid or Cardio Pulmonary Resuscitation (CPR), the contractor must comply with 29 CFR 1926, and supply a list of the names of employees who will administer first aid or CPR, along with current certification. This list shall be part of the JSA.

ANL-366H (September 19, 2024) 6

3. All SDSs must be submitted as part of the JSA.

4. Pressure vessel certificates per 29 CFR 1926.29 must be submitted and reviewed prior to use.

5. Documentation of employee training and/or proof of proficiency required by OSHA shall be submitted for review prior to commencement of their work. Examples include CPR certifications, confined space training, competent persons for excavations and scaffolding, and fall protection training. In addition, documentation of appropriate NFPA 70E training of all electrical workers must be submitted.

6. The contractor shall, without additional expense to the Laboratory, be responsible for obtaining all necessary environmental licenses and permits.

Contractor personnel signatures on the JSA form indicate their review of and the intent to adhere to the JSA.

The JSA shall be kept at the job site and a copy of the signed JSA shall be given to the Project Specialist/Technical Representative.

The JSA must be formally revised to incorporate any changes determined during this work. The revisions must be documented by the contractor and reviewed prior to the activity taking place. All personnel affected by any revisions shall be notified and advised by the contractor.

Changes in work scope that introduce hazards may require the development of a JSA if one was not previously required.

Items that must be available and maintained by contractor at the job site include the JSA, SDS, the DOE-designated Worker Protection Poster, emergency phone numbers, workers compensation notice, all permits and all activity hazard analysis plans, and the Laboratory’s “DOE Differing Professional Opinion Process” poster (both posters located at the end of form ANL-209H).

(c) Permits

As dictated by the scope of work and the mitigating actions necessary to address specific hazards, additional hazard specific plans or permits may be required.

The contractor shall work with the Laboratory in planning for, developing as needed, and obtaining review of these plans and permits and shall adhere to their conditions. Examples of these include, but are not limited to:

Open Flame Permit Energized Electrical Work Permit Respiratory Protection Plan Confined Space Entry Plan Asbestos Abatement Plan

Work Entry Permit Dig Permit Blind Penetration Permit Fall Protection Plan Hoisting and Rigging Laser Operating Permit

ANL-366H (September 19, 2024) 7

(d) Environmental Plan

To the extent required by the project scope of work, the Laboratory’s Environmental Plan shall be adhered to by the contractor as may be modified by the Laboratory during the course of the work. The requirements will be detailed in the project specifications, including drawings.

The Environmental Plan must be reviewed if any changes are made to the project’s work scope. If revisions are required, the plan shall be updated by the contractor prior to the new/modified activity taking place.

(e) Contractor ES&H Representative

Contractors shall designate and identify a competent member of their organization whose duty shall be the implementation of the contractor’s ES&H program on the Laboratory site.

(1) The contractor shall submit the names and qualifications of the contractor ESH Representative and alternates to the Laboratory for review prior to assignment of duties.

(2) The contractor’s ES&H Representative shall be present at all times work is being performed on site.

If the contractor’s Foreperson must be off site, the contractor shall notify the Laboratory Project Specialist/Technical Representative of an alternate.

(3) The contractor ES&H Representative shall attend “toolbox talks” and safety meetings, and shall be present at all times work is being performed on site. If the contractor ES&H Representative must be off site, the contractor shall notify the Laboratory of an alternate. The alternate shall be present at all times work is performed on site.

(4) Duties include but are not limited to: enforcing any company-specific safety programs/policies as well as Argonne requirements, providing job specific safety orientation, prevention of accidents, investigation of incidents/accidents, making daily inspections and reporting safety related information.

(5) The contractor ESH Representative must have the authority to stop work and change the operation to correct any deficiencies or to eliminate any hazards observed.

The contractor’s ES&H representative shall provide a Job Site Safety Orientation to all contractor and subcontractor employees prior to their starting work. The orientation as a minimum shall include a review of the JSA, all related permits and plans and a review of the emergency numbers and procedures, egress routes and assembly points. Each contractor/subcontractor employee shall sign the JSA form to indicate having received the orientation.

(f) ES&H Documentation

Contractor Corporate Safety Plan

ANL-366H (September 19, 2024) 8

(1) Within ten (10) calendar days after award of the contract, the contractor shall, unless waived by the

Laboratory in writing, submit its CSP, which contains all programs that are relevant to the contractor’s business activities and, at a minimum, will contain all highlighted areas of the contractor Corporate Safety Plan Review Guide (ESQ-526), encompassing all applicable aspects of 10 CFR 851, Worker Safety and Health Program, including 29 CFR 1910, Occupational Safety and Health Standards, and 29 CFR 1926, Safety and Health Regulations for Construction, and 40 CFR, Protection of Environment. The contractor is required to comply with the requirements set forth in its plan. The contractor’s corporate safety plan must be signed by a responsible company officer and at a minimum shall include the provisions set forth below.

(i) A statement of the contractor's ES&H policy;

(ii) The name and qualifications of the contractor's ES&H Representative and alternate and the names of competent persons for excavation, scaffolding, and confined space entry, etc., as required by the scope of work and/or work conditions,

(iii) The frequency of regular safety inspections to be conducted by the contractor;

(iv) The schedule of weekly tool box meetings to be held with contractor employees to emphasize project safety and health, environmental protection, and fire prevention;

(v) The location of the DOE-designated Worker Protection poster;

(vi) Implementation of all ES&H requirements listed in the contract, including the specifications;

(vii) Employee's right to file a concern with DOE;

(viii) Intoxicant prohibitions; and

(ix) Disciplinary policy and procedures.

(2) The contractor's corporate safety plan will be reviewed for compliance with the requirements established above. If the plan is found to comply, the Laboratory will accept it. Otherwise, it will be returned to the contractor with comments on areas not in compliance. A pre-work meeting will be held as needed, and field work will begin only after the plan is accepted. Any revisions after the initial acceptance shall be submitted for Laboratory acceptance prior to the contractor's implementation of these revisions.

(3) The contractor is responsible for reviewing and approving its subcontractors' corporate safety plan(s), which must comply with the requirements of this contract prior to commencement of work on site and ensuring compliance during performance of the work. If questions arise regarding the acceptability of a subcontractor’s corporate safety plan, the contractor shall contact the Project Specialist/Technical Representative for guidance.

ANL-366H (September 19, 2024) 9

(4) If the contractor has an accepted corporate safety plan on file with the Laboratory for this agreement, revisions necessary to address new scope shall be submitted, reviewed, and accepted prior to commencing new scope.

(g) Exceptions

Requests for exceptions of Laboratory ES&H requirements, and contractor’s JSA must be submitted in writing to the Laboratory. Exceptions shall not be implemented without prior written approval by the Laboratory.

(h) ES&H Orientation and Site Access

All contractor personnel must attend ES&H orientation before starting work at the site. The training consists of two parts, Contractor Safety Orientation (CSO) for service contracts provided by the Laboratory and JSA review conducted by the contractor with its personnel. Also, prior to starting work in some Argonne buildings, contractor employees must attend a building orientation.

The web-based CSO for service contracts lasts approximately one-half hour and may be conducted remotely. A refresher orientation is also required annually. Upon completion of the orientation, contractor personnel will receive a certificate that must be printed and presented to Laboratory personnel upon request. Completion of the CSO is required for site access. Upon completion of the CSO and presentation of certificate of completion to the Laboratory, a gate pass will be issued to contractor personnel for the duration of their work or for a length of time to be determined by the Laboratory Project Specialist/Technical Representative. This pass is required for site access and is to be used only by the person whose name appears on the pass. Any misuse of the pass will result in a suspension from site access for a period of six (6) months. All contractor personnel are to meet with their Laboratory Project Specialist/Technical Representative before starting work at the site.

The contractor ESH Representative shall instruct each contractor employee on the details of the JSA for this work. This Job Safety Orientation includes having each contractor employee read and sign the JSA.

Contractor personnel are required to adhere to any and all site access requirements of the Laboratory as may be revised from time to time, including but not limited to REAL ID requirements, pandemic controls, etc. Failure to adhere to such requirements will result in denial of contractor personnel access to the site.

The Laboratory is not responsible or liable for, and contractor shall not attempt to invoice for, any delays or costs resulting from or arising out of site entry denial due to contractor’s failure to comply with this provision.

(i) Electrical Protection

The contractor is required to comply with the following additional electrical requirements:

All new computer room electrical and data installations, from the feed to the termination at the equipment, must comply with the provisions of NEC Article 645, even if the room does not meet all of the special requirements in 645.4.

Abandoned cables and associated equipment must be removed back to the power source. Cables designated for reuse must be properly terminated and labeled at both ends.

ANL-366H (September 19, 2024) 10

Extension cords must be no longer than 100 ft. long, and a minimum of 14 gauge. They are not be spliced, daisy-chained (e.g., no more than one cord per 100 ft. run), tapped into, or modified in any way.

All hand held/operated AC 110-120 volt power tools, or other equipment used in outdoor/wet locations must be GFCI protected (e.g., either plugged into a GFCI outlet or with a portable GFCI plugged in at the outlet).

All electrical utilization equipment that has been modified must be approved by an Argonne DEEI, Technical Representative, or Project Specialist before being placed into service.

The Contractor Foreperson and employees must verify that electrical utilization equipment is

NRTL-listed or approved by an Argonne DEEI, Technical Representative, or Project Specialist prior to use. Unlisted electrical utilization equipment brought on site by a contractor must be inspected by an Argonne Designated Electrical Equipment Inspector DEEI/Technical Representative/Project Specialist before use.

Rental electrical utilization equipment brought on site must be inspected by an Argonne DEEI, Technical Representative, or Project Specialist before use.

(j) Equipment and Tool Inspection

Prior to the use of equipment or tools, the contractor must conduct an equipment and/or tool inspection.

Upon arrival, and at any time during the job, the Laboratory or its representative may inspect contractor tools for compliance with OSHA, applicable work site requirements, and industry standards.

Unsatisfactory tools must be tagged out of service and removed from the work site by the end of the work shift.

Contractor and subcontractors are prohibited from using Laboratory/Government-owned property without prior written consent of the Laboratory Procurement Official.

(k) Laboratory Site Rules

The following acts or conduct are prohibited at the Laboratory site, violations will result in disciplinary action. Contractor is responsible for communicating these rules to its personnel. The Laboratory may add additional rules at any time.

(1) Possession of weapons, firearms, ammunition, explosives or any other apparatus or material hazardous to the public or property.

(2) Possession or illegal use of controlled substances or intoxicants or being under their influence.

(3) Behavior inconsistent with Argonne’s Code of Conduct, available at: this website.

ANL-366H (September 19, 2024) 11

(4) Stealing, misuse or destruction of Laboratory or Government property.

(5) Violation of site traffic and parking regulations. Possession of a valid and appropriate drivers’ license is required to drive on site.

(6) Using Laboratory facilities such as the cafeteria and washrooms while wearing extremely dirty or contaminated clothes and shoes.

(l) Laboratory Site Safety Requirements

The following requirements must be implemented on the job site and included in the contractor’s JJSA as appropriate. The Laboratory may add additional requirements at any time. This list is not intended to be exhaustive and specific hazards are to be addressed in the JSA.

1. The Laboratory conducts work using onsite permits. All required permits will be identified to the contractor and the Laboratory will arrange for all necessary permits. There is no cost to the contractor for any Laboratory permits and no work activity shall be performed without the required permits. Such permits include work entry, energized electrical work, open flame, confined space entry, digging, concrete coring, using powder actuated tools, moving Government or Laboratory property off site, and removing asbestos. The contractor shall comply with all restrictions or provision listed on the permits. A permit to bring radioactive sources or x-ray equipment on site must be approved 48 hours in advance. All coring and penetrating equipment shall be properly grounded. The use of powder actuated tools is permitted.

(1) All contractor personnel performing work for the Laboratory on site, are responsible for complying with the “Employer Payment for Personal Protective Equipment –Final Rule” issued by OSHA. The Laboratory is not responsible for providing or paying for PPE required by or issued to contractor personnel.

(2) Contractor personnel shall wear safety glasses with rigid side shields at all times when prescribed by the JSA in the work area, unless a higher level of eye protection is required for special hazards.

All eye protection must meet the requirement of 29 CFR 1926.102. Safety glasses must be American National Standard Institute (ANSI) approved and be marked with the ANSI marking “Z87.1” designation.

(3) Hard hats shall be worn at all times in the work area as required by the JSA. Hard hats shall meet the ANSI Z89.1 standard as defined by 29 CFR 1926.100 and bear the “Z89.1” designation. High voltage exposure work requires hard hats that meet ANSI Z89.2 standards and bear the “Z89.2” designation.

(4) All employees shall wear clothing suitable for the work and weather conditions. The minimum shall be short sleeve (1/4 length) shirt, pants that cover the legs, and closed toed hard sole leather work shoes or over-the-ankle leather work boots providing ankle protection if prescribed in the JSA. In addition, any work that presents a hazard to the feet or toes requires the use of steel toes or metatarsal guards. Canvas, tennis, or open-toed footwear is not permitted within the work area.

(5) All electric hand tools and portable generators must have Ground Fault Circuit Interrupter

(GFCI) protection. The assured equipment grounding program is not an acceptable alternative.

ANL-366H (September 19, 2024) 12

(6) All company equipment/material transport vehicles must have backup alarms. Backup alarms are not required for vehicles strictly used for transporting personnel.

(7) Personnel lifts must be equipped with audible motion alarms for movement in any direction. All lifts must be equipped with a safety foot pedal for operation movement.

(8) If required by the equipment manufacturer, roll-over protection structure shall be provided. Any modifications to lifting and hoisting equipment must be approved by the equipment manufacturer.

(9) If required by the equipment manufacturer, roll-over protection structures shall be provided. Any modifications to lifting and hoisting equipment must be approved by the equipment manufacturer.

(10) Emergency egress routes must be kept clear at all times, including doors, corridors, work site, and staging areas.

(11) No Laboratory alarms, safety devices, etc. will be disabled without Laboratory approval.

(12) Lockout/tag-out procedures shall be enforced. Argonne maintenance personnel will de-energize systems and initiate lockout/tagout. Contractor personnel must be trained in lockout/tagout prior to participating in lockout/tagout of hazardous energy sources and working on lockout/tagout systems or equipment. Contractors must verify that the energy source is de-energized before starting work on the system.

(13) Fire watches shall be maintained during and for a minimum of 60 minutes (1 hr.) after burning, welding, or other fire or spark generating work is completed. An open flame permit must be issued by the Laboratory prior to any welding/cutting operations and be always posted on site (at all times) in a conspicuous area and all restrictions followed. Open burning, fire barrels, or other open flame heating devices having exposed fuel below the flame are prohibited. Flash back preventers or check valves are required on oxygen/fuel hoses. Spark arresters shall be provided on all smokestacks permitting live sparks, or hot material to escape.

(14) A “Multi-purpose” Class A-B-C dry chemical fire extinguisher, ten pounds (minimum) with a pressure gauge, and current inspection (within last 12 months) shall be within 100 feet of the work area. Existing Laboratory extinguishers within Laboratory buildings can be used to meet this requirement when working inside a Laboratory building. An additional contractor-provided extinguisher is required for each open flame operation.

(15) The use of explosives is prohibited without written approval from the Laboratory.

(16) Metal portable ladders are prohibited for electrical work, or where there is the potential for contact of exposed electrical conductors.

(17) The contractor’s competent person performing the daily inspections required by OSHA, such as trench and excavation, ladder, and scaffold inspections shall document each inspection. Such

ANL-366H (September 19, 2024) 13 documentation shall be signed and include the date, time, and conditions found. Documentation shall be available for review by the Laboratory for the duration of the project.

(18) The Laboratory has a scaffolding tagging system in place and therefore will inspect all scaffolds built by the contractor prior to use. No scaffolding shall be used without the Laboratory inspection. The contractor must assign a trained and qualified competent person to supervise erection and conduct daily pre-use inspections of the scaffolds.

(19) Respiratory Protection

If workers are required to wear respirators, a written respiratory protection program must be submitted to the Laboratory for review.

A written respiratory protection program must be submitted for review prior to using a respiratory protection device, such as dust/mist masks, including those made of paper, half face air purifying respirators, full face air purifying respirators, any atmosphere supplying respirator.

(i) Medical certification records must be submitted as required by 29 CFR 1910 and 1926.

These records must contain the conclusions of a physician regarding the evaluation of the individual employee and consider the employee’s physical and psychological ability to use respiratory protection equipment. The records must state whether the employee is able to wear air-purifying respirators, atmosphere supplying respirators, or both. The records must be signed by the evaluating physician and dated within one year of the date of the intended use of the respiratory protection equipment.

Training records must be submitted which document that the employee was trained in and has mastered the training subjects in ANSI Z88.2-1992, Section 7.2. The records must be signed by the trainee and instructor and dated within one year of the date of the intended use of the respiratory protection equipment.

(ii) Fit test records must be submitted that document the employee was fit tested by a competent fit tester with reliable testing equipment according to testing requirement of ANSI Z88.2- 1980, Section 6.11. The records must document which types (brands and part numbers or materials of construction and size of respirators) provided a satisfactory fit. The employee must be fitted with the respiratory equipment that will be used at the site. The records must be signed by the employee and the fit tester and dated within one year of the date of the intended use of the respiratory protection equipment.

(20) The contractor is not authorized to dispose of any material on site unless written approvals are obtained from the Laboratory. This includes but is not limited to the use of garbage and recycling dumpsters, the sinks in buildings, and discharges to the sewer systems.

(m) Disciplinary Program

The contractor is required to develop and implement a disciplinary program to control poor performance, misconduct, negligence and safety violations by both its personnel and that of any of its subcontractors.

If it is determined that the contractor has not implemented such a program, the Laboratory will take

ANL-366H (September 19, 2024) 14 disciplinary actions up to and including termination of the contract and revocation of site access. If Laboratory disciplinary action results in suspension of contractor personnel from site access, the contractor shall make no claim for an extension of time or for compensation for damages by reason of, or in connection with, this disciplinary action.

A contractor’s safety performance may be used for future consideration of best value contract awards where past performance is a key factor evaluating contractor’s performance, misconduct, negligence, and safety violations by both its personnel and that of any of its subcontractors. If it is determined by the Laboratory that the contractor has shown negligence in enforcing safety compliance on the work site, the contractor may not be considered for future contract awards on the work site and/or the Laboratory’s main campus for a period of time of at least one year or as determined by the Laboratory. The Laboratory will issue verbal warnings to contractors and subcontractors for safety infractions and will issue written citations for more serious or continual infractions. The following progressive program will be implemented in sequential stages based on that quantity of documented safety violations. The previous one-year period from the current date will be utilized in determining the quantity of violations.

(1) Stage 1 (Verbal Notification)

When contractor personnel are observed to be involved in a safety infraction that is not imminent danger, the employee shall be told of the infraction and the contractor’s Supervisor/PIC will be notified of the incident.

(2) Stage 2 (First Documented Safety Violation)

After receiving verbal notification, if contractor personnel are observed to be involved in the same safety infraction, or an infraction for which the employee should be cognizant of through his work qualifications, the contractor employee will receive a documented safety violation and the contractor’s Supervisor/Person in Charge (PIC) will receive a copy of the violation.

(3) Stage 3 (Second Documented Safety Violation)

Upon receipt of a second documented safety violation, notifications as stated in Stage 2 above shall be completed. In addition, the contractor shall contact the Laboratory to discuss the nature of the violations and the contractor’s corrective actions needed to avoid repeated unsafe work practices and the consequences thereof.

(4) Stage 4 (Third Documented Safety Violation)

Upon receipt of a third documented safety violation, the contractor personnel will be required to return their site credentials to the Laboratory, and the contractor personnel’s access to the site will be suspended for three working days. The contractor’s management will be notified of this suspension by the Laboratory Procurement Official. Prior to returning to work at the site, the contractor personnel will be required to attend the Site Safety Orientation and prove of attendance documented. In addition, contractor management and the contractor personnel may be required to attend a meeting with Laboratory representatives prior to the personnel being permitted access to the site. An official authorization to return to work shall be issued by the Procurement Official.

(5) Stage 5 (Subsequent Safety Violations)

ANL-366H (September 19, 2024) 15

A subsequent documented safety violation of any nature will be cause to suspend the contractor personnel for two weeks. Additional safety violations will be cause for further suspension. Notification and conditions for granting return access to the site will be as described in Stage 4 above.

(6) Imminent Danger

Imminent danger situations include, but are not limited to, working at heights above six feet without fall protection; not locking-out/tagging-out and verifying zero energy before working; not complying with confined space entry requirements; and entering a trench, excavation, or space without control measures in place. When contractor personnel are observed to be involved in a situation that places them or others in imminent danger of being seriously injured or killed, progressive discipline will not be enacted. The employee will be suspended from working on the site and any Laboratory site for a period of six months. In addition, the contractor’s Supervisor/PIC may be suspended from working on the site for three workdays. Conditions for granting return access to the site will be as described in Stage 4 above.

(7) Contractor’s Supervisor and/or ES&H Representatives

The contractor’s supervisor and/or ES&H representative may receive a documented safety violation notice for failure to enforce safety program requirements. Any contractor’s representative who receives a suspension of any kind will not be allowed to continue in the ES&H representative capacity until reinstated by the Laboratory. Any suspension evoked upon a contractor’s supervisor and/or ES&H representative will start on the day following the documented safety violation to allow the contractor time to arrange for a replacement, unless the violation involves imminent danger which warrants immediate removal from site. The contractor is responsible for submitting for the Laboratory’s review, the name and qualifications of a replacement ES&H representative before work will continue. Once an ES&H representative’s status has been terminated, it is at the discretion of the Laboratory to determine reinstatement.

(8) Cost to the Laboratory

If Laboratory disciplinary action results in suspension of contractor personnel including supervisors, and ES&H representative as discussed above, the contractor shall make no claim for an extension of time or for compensation for damages by reason of, or in connection with, this disciplinary action.

ANL-366H (September 19, 2024) 16

(n) Intoxicants

Contractor and subcontractor personnel are prohibited from possessing, using, consuming, selling, manufacturing, or distributing illicit controlled substances or alcoholic beverages under any of the following conditions: while operating vehicles during work performance, during working hours, on Laboratory premises, or on any other host facility premises during the performance of the work. Illicit controlled substances include drugs that are not legally obtainable, drugs that are legally obtainable but have been illegally obtained, and prescription drugs that are being used for other than prescribed purposes. Please note that although some states (including Illinois) allow medical marijuana prescriptions or recreational usage, federal laws and regulations do not acknowledge marijuana prescriptions or allow recreational usage. Accordingly, marijuana, even if it is medically prescribed or is used recreationally in a state that allows this, remains an illicit controlled substance under these terms and conditions and federal law. The personal property of contractor and subcontractor personnel is subject to reasonable lawful search with or without notice when justified by circumstances or workplace conditions. The Laboratory intends that any search undertaken for drugs will not be casual, routine, or random, but will occur only when sufficient corroborating evidence exists as justification. If contractor or subcontractor personnel substance abuse presents a threat to the health, safety, or welfare of the employee, other employees, or the public; to Laboratory, public, or private property; or to Argonne’s security interests, the individual may be disqualified from site access.

The contractor shall ensure that all of its personnel and all subcontractors are aware of and are complying with the contractor’s JSA (project specific health & safety plan and activity hazard analysis per 10 CFR 851 Appendix A, Section 1) as well as all regulations in this ES&H clause.

FAR/DEAR Clauses

The clauses below that reference Federal Acquisition Regulations (FAR) and Department of Energy Acquisition Regulations (DEAR) citations are based on such clauses with modifications to identify appropriate parties and are not quoted verbatim from such regulations. The clause dates provided are for the most recent versions of the clause current as of the contract issuance date.

Definitions: As used herein, “Argonne National Laboratory,” “Argonne,” “ANL” and “Laboratory” are used interchangeably to mean Argonne National Laboratory, operated by UChicago Argonne, LLC, acting under Prime Contract No. DE-A02-06CH11357 between UChicago Argonne, LLC and the Government for the operation of Argonne National Laboratory. “Government” means the United States of America and includes the United States Department of Energy (“DOE”) or any duly authorized representative thereof. “Laboratory Procurement Official” means the person identified in the body of the agreement as the authorized contact for the Contractor.

Contractor shall flow down these clauses to the extent necessary to ensure compliance with contract requirements or as otherwise indicated within the clause.

ANL-366H (September 19, 2024) 17

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The contractor shall account for all forms of Government-provided identification issued to the contractor employees in connection with performance under this contract. The contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

1. When no longer needed for contract performance.

2. Upon completion of the contractor employee’s employment.

3. Upon contract completion or termination.

(c) The Laboratory Procurement Official may delay final payment under a contract if the contractor fails to comply with these requirements.

(d) The contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Laboratory Procurement Official.

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW IINFORMATION (MAY 2024)

Applies when performance, in whole or in part, is on a Federal facility

(a) Definitions. As used in this clause- Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) ( 42U.S. C.11001-11050), and the Pollution Prevention Act of 1990 (PPA) ( 42U.S. C.13101-13109).

(c) The Contractor shall…