USDA Forest Service Safety and Health Training. USDA Forest Service. for Contracting Officer s Representatives and Inspectors

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1 United States Department of Agriculture Forest Service Technology & Development Program 6700 Safety & Occupational Health September C04-MTDC USDA Forest Service Safety and Health Training for Contracting Officer s Representatives and Inspectors Safety and Health Training for Contracting Officer s Representatives and Inspectors Gary Hoshide, Program Leader Pamela Sullivan, Safety and Occupational Health Manager Mary Trankel, Webmaster September 2005 The Forest Service, United States Department of Agriculture (USDA), has developed this information for the guidance of its employees, its contractors, and its cooperating Federal and State agencies, and is not responsible for the interpretation or use of this information by anyone except its own employees. The use of trade, firm, or corporation names in this document is for the information and convenience of the reader, and does not constitute an endorsement by the Department of any product or service to the exclusion of others that may be suitable. "The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC , or call (800) (voice) or (202) (TDD). USDA is an equal opportunity provider and employer. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 2 1

2 The following presentation incorporates accessibility features where applicable. To advance the slides forward,, click the left mouse button or use one of the following keys: PageDown, Right Arrow ( ), Down Arrow ( ), or SpaceBar. To advance the slides backward,, use one of the following keys: PageUp, Left Arrow ( ), Up Arrow ( ), or Space. To exit the presentation at any time, press the escape (Esc( Esc) ) key or click the yellow button at the bottom right of the screen. Navigation reminders will remain at the bottom of each slide. To Print This Presentation FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 3 Acknowledgements The Technology and Development Centers are grateful to the many Forest Service employees who shared their ideas. In addition, we would like to provide special recognition to the following people who participated in the development of this course: Keith Simila,, Alaska Region, for submitting the project proposal; Chuck Whitlock,, Project leader (retired); Ann Baker, Roger Pigeon, Jim Spano,, and Michael Anderson for sharing their ideas; and everyone who reviewed and provided comments on this course. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 4 2

3 Overview The following presentation provides supplemental training for Forest Service employees whose duties include administering contracts. You can see what topic you are currently viewing by looking at the bottom line of the slide footer. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 5 Overview This training presentation can be used with a facilitator (a knowledgeable safety manager) or self-paced by the trainee. If used in the self-paced format, the trainee will need an instructional contact regarding any question(s) they have about the Forest Service Safety and Occupational Health Program. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 6 3

4 Overview This presentation, accompanied by attendance in specialized courses, such as those sponsored by Occupational Safety and Health Administration (OSHA) or agency sponsored workshops, will aid in understanding the standards prescribed by law (29( CFR 1910 and 1926). FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 7 Overview For further technical information, please contact: Program Leader, Safety Phone: (406) Fax: (406) wo_mtdc_webmaster@fs.fed.us FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 8 4

5 HOME - Overview TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language TOPIC 7: Other Sources of Information TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE Overview We recommend that you view the topics in sequence, beginning with the Introduction.. After you have viewed all the topics, fill out the Certificate of Training and give a copy to your unit training coordinator. You can return to the main list of training topics at any time by clicking the yellow button. Previous slide viewed. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 9 > > > HOME - Overview TOPIC 1: Introduction TOPIC 2: Regulatory Guidance # slides > TOPIC 3: Multi-Employer Worksites 24 > TOPIC 4: OSHA Standards 27 > > TOPIC 5: Contract Language 9 36 > TOPIC 7: Other Sources of Information 4 > TOPIC 8: Summary 15 > 13 TOPIC 9: Quiz > CERTIFICATE 3 FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space HOME - Overview = Esc 10 5

6 HOME - Overview Topic 1: TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language TOPIC 7: Other Sources of Information TOPIC 8: Summary Introduction Welcome to the basic safety and health training course for Contracting Officer s Representatives and Inspectors in the Forest Service. TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 11 Goals & Objectives The goal is for you to know where to find, access, and apply this information in your contract monitoring duties. The objective of this course is to raise your awareness of your safety and occupational health program responsibilities. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 12 6

7 ground Contracting Officer s Representative (COR) and Contract Inspector are job titles which incorporate collateral duties involving contract administration. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 13 ground The Contracting Officer s Representative (COR),, and Contract Inspector have been called "the eyes and ears of the Contracting Officer." FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 14 7

8 ground CORs and Contract Inspectors are responsible for inspecting the contract work as it progresses to ensure contract compliance. One of the most important duties of the COR/Contract Inspector is to document the progress of each contractor. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 15 ground This includes documenting such things as weather, site conditions, number of people working on a project, dates, and amount of work accomplished. The COR/Contract Inspector inspects and documents virtually everything that occurs at the worksite as well as any issue that surfaces regarding the technical requirements of the contract. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 16 8

9 ground All of these activities have safety issues associated with them. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 17 ground As an agency we have the responsibility to ensure that we provide protection to the public and our contractors who work with us to accomplish our mission. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 18 9

10 ground Zero accidents and injuries must always be the goal regardless of who is conducting the work. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 19 ground All employers are required to provide for the safety of their employees. The Contractor has a responsibility to ensure all safety requirements in the contract are being met at the worksite. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 20 10

11 ground It is essential that these rules and safety responsibilities are understood before starting work on any project performed on National Forest System lands. Violating safety requirements could jeopardize the welfare of the contractor, our employees, and the public. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 21 ground What are the rules and regulations you need to be aware of to ensure safety at the contract worksite? What do they say in relation to your responsibilities as a COR/Contract Inspector? FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 22 11

12 ground Before we begin, let s define some of the terms used in this training presentation. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 23 Definitions Accident any unplanned event that results in personal injury or in property damage. Similarly, property damage may be minor or serious. Confined space means a space that: (1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 24 12

13 Definitions Confined space means a space that: (cont.) (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy (for example, underground wellheads, tanks, lift stations, sewers, tunnels, manhole shafts, utility vaults and certain vault toilets of a specific design). FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 25 Definitions Contractor - any person or business secured by written formal agreement to perform short or long-term work for the Forest Service. With respect to this definition, references to Contractor shall also include subcontractors, third party Contractors, and Inspectors (such as customer contract personnel and other contract personnel) that may have an effect on worksite safety. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 26 13

14 Definitions Life threatening a situation which poses an immediate threat to human life if not corrected immediately. Multi-employer worksite - a workplace where more than one employer is working, primarily under a host employer/contractor relationship. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 27 Definitions Near Miss any situation or incident that narrowly misses being an accident which the circumstances indicate serious potential for substantial damage, injury, or death. OSHA Occupational Safety and Health Administration the federal agency responsible for the laws governing workplace safety and health. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 28 14

15 Definitions Safety Plan Employer s plan that identifies workplace hazards and measures taken by the employer to ensure safety on the job. Training This term covers anything that provides new information or skills, or reminds employees about previously learned knowledge or skills. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 29 Training (cont.) Definitions Effective training results in observable changed employee behavior (for example, new skill in conducting interview audits or enhanced skill in managing work projects). Formal training courses should be built on a base of measurable instructional objectives. When documented, safety meetings are a form of training for employees. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 1: Introduction = Esc 30 15

16 HOME - Overview Topic 2: TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksite TOPIC 4: OSHA Standards TOPIC 5: Contract Language TOPIC 7: Other Sources of Information Regulatory Guidance TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 31 The Regulations This topic covers the pertinent excerpts for safety and health requirements from the Forest Service and Federal OSHA regulations. The next two slides identify the applicable regulations. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 32 16

17 Regulatory Guidance Document Contract Administrative Handbook FSH Promulgating Agency USDA Forest Service Topic Defines roles and responsibilities of Forest Service contract officers representatives (CORs) and contract inspectors. Basic Elements for Federal Employee Occupational Safety & Health Programs 29 CFR 1960 Federal - Occupational Safety and Health Administration (OSHA) Amended in 1995 to implement the multiemployer worksite doctrine in the federal sector. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 33 Document Regulatory Guidance Promulgating Agency Topic Occupational Safety and Health Act of 1970 Public Law PL Section 5 General Duty Clause or 29 CFR (a) Code of Federal Regulations, 29 CFR 1910, 29 CFR 1926 Federal Acquisitions Regulation (FAR) Federal - Occupational Safety and Health Administration (OSHA) Federal - Occupational Safety and Health Administration (OSHA) Federal - General Services Administration (GSA) Defines requirements that each employer must provide a safe and healthful workplace. Defines workplace safety requirements, such as training, specific program requirements. Intended to prevent accidents. Guidelines for preparing architectural & engineering (A&E) related contracts to prevent accidents. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 34 17

18 Contract Administration Handbook You might find it helpful to refer to this document now so that you can use it to follow along with the presentation. Open PDF Document FSH Contract Administration Handbook FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 35 The following is an excerpt from the Contract Administration Handbook FSH , Section 4 Responsibility: Project Inspectors. Contracting Officer's Representatives (COR's) designate project inspectors to secure compliance with the terms and conditions of the contract. Project inspectors shall: 1. Represent the COR in securing compliance with contract specifications, drawings, and provisions. 2. Notify the contractor of deviations from contract requirements. 3. Notify the COR when the contractor fails to take corrective action. 4. Issue Notice of Noncompliance (Form FS , Work Order and Notice of Noncompliance, ex. 01). 5. Maintain Contract Daily Diaries (Forms FS and FS ) and copies of work orders and inspection records (provide copies to COR). 6. Keep record of quantity measurements for each pay item and provide copies to the COR. 7. Chart project progress and compare to contract schedule. 8. Anticipate change orders and inform the COR. 9. Arrange periodic conferences with the contractor or the contractor's representative. 10. Issue suspend work orders when safety hazards occur and are not immediately corrected. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 36 18

19 The following is an excerpt from the Contract Administration Handbook FSH , Section 23 Safety: 23 - SAFETY Safety Discussion at the Prework Conference. The Contracting Officer's Representative (COR) shall discuss the following laws, regulations, and other factors relating to safety with the contractor at the prework conference. The COR shall: 1. Advise the contractor of any potentially hazardous conditions at or near the project site. 2. Advise contractors that Occupational Health and Safety Administration regulations, as well as the contract, impose the responsibility upon them to ensure that their employees' working conditions are not unsanitary, hazardous, or dangerous to their health and safety. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 37 FSH , Section 23 Safety: (cont.) 3. Advise the contractor that Forest Service employees will not inspect or accept the work under conditions where hazards or unsanitary conditions have not been mitigated to the extent required by the Occupational Health and Safety Administration. 4. Advise the contractor that any subcontract entered into pursuant to the contract shall similarly provide a work environment that is sanitary and not hazardous. 5. Advise the contractors that they must initiate and maintain an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. 6. Advise contractors that all accidents resulting in death, occupational disease, disabling injury, or property damage must be reported to the Contracting Officer. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 38 19

20 FSH , Section 23 Safety: (cont.) Safety Responsibilities of Forest Service Employees. 1. Receive, review, and promptly forward to the Contracting Officer any accident reports submitted by the Contractor. 2. Do not normally conduct comprehensive inspection and documentation programs specifically for the purpose of monitoring contractor safety. If during the course of normal duties, the COR or Inspector become aware of hazardous conditions which result from the Contractor's violation of OSHA regulations, notify the contractor immediately. If there is insufficient response by the contractor to verbal notice, document hazardous conditions and deliver it to the contractor and the Contracting Officer. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 39 FSH , Section 23 Safety: (cont.) 3. When a life threatening condition, resulting from the Contractor's operation, is observed, order the Contractor to immediately correct the situation. Follow up verbal with written confirmation (Form FS , Work Order and Notice of Noncompliance). In addition, suspend that portion of the work until the hazard is corrected (Form FS , Notice to Proceed, Suspend and Resume Work Order). 4. Do not directly or indirectly assume control, direction, or responsibility for the Contractor's safety program. In advising the Contractor of apparent unsanitary or hazardous conditions, do not prescribe corrective measures or procedures unless they are specifically described in the contract specifications. 5. Do not perform inspection or other duties in an unacceptably unsafe environment. If the unsafe environment is under the control of the contractor, advise the contractor that the work cannot be inspected nor accepted until the unsafe condition is corrected. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 2: Regulatory Guidance = Esc 40 20

21 HOME - Overview TOPIC 1: Introduction Topic 3: TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language TOPIC 7: Other Sources of Information Multi-Employer Worksites TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 41 Multi-Employer Worksites You might find it helpful to print this document now so that you can use it to follow along with the presentation. Open PDF Document FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 42 21

22 In 1995, 29 CFR 1960 was amended to implement the multi-employer worksite doctrine in the federal sector. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 43 This amendment was intended to ensure that the health and safety responsibilities of federal agencies on multi-employer worksites are comparable to those of the private employers in similar circumstances. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 44 22

23 The Forest Service uses a mixed workforce of civil service and private businesses to accomplish its mission. These private employers are commonly referred to as Contractors. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 45 Contractors are defined as: Any person or business secured by written formal agreement to perform short or long-term work for the Forest Service. With respect to this definition, references to Contractor shall also include subcontractors, third party Contractors, and Inspectors (such as customer contract personnel and other contract personnel) that may have an effect on worksite safety. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 46 23

24 OSHA's Field Inspection Reference Manual (FIRM) states on multi-employer worksites, (construction and non-construction) more than one employer may be cited for hazardous exposures that violate an OSHA standard to multi-employer worksite employees. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 47 The following categories of employer may be cited: FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 48 24

25 Creating Employer The Creating Employer An employer that caused a hazardous condition that violates an OSHA standard. Employers must not create violative conditions. An employer that does so is citable even if the only employees exposed are those of other employers at the site. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 49 Exposing Employer The Exposing Employer An employer whose own employees are exposed to the hazard. If the exposing employer created the violation, it is citable for the violation as a creating employer. If the exposing employer has authority to correct the hazard, that employer must do so. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 50 25

26 Correcting Employer The Correcting Employer An employer who is engaged in a common undertaking, on the same worksite, as the exposing employer and is responsible for correcting a hazard. This usually occurs where an employer is given the responsibility of installing and/or maintaining particular safety/health equipment or devices. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 51 Controlling Employer The Controlling Employer An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations or require others to correct them. Control can be established by contract or, in the absence of explicit contractual provisions, by the exercise of control in practice. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 52 26

27 Types of Controlling Employers Creating Employer Exposing Employer Correcting Employer Controlling Employer Control Established by Contract Employer has a specific contract right to control safety. To be a controlling employer, the employer must be able to prevent or correct a violation or to require another employer to prevent or correct the violation. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 53 Creating Employer Exposing Employer Correcting Employer Controlling Employer Types of Controlling Employers Control Established by a Combination of Other Contract Rights Where there is no explicit contract provision granting the right to control safety, or where the contract says the employer does not have such a right, an employer may still be a controlling employer. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 54 27

28 Creating Employer Exposing Employer Correcting Employer Controlling Employer Types of Controlling Employers Control Established by a Combination of Other Contract Rights (cont.) The ability of an employer to control safety in this circumstance can result from a combination of contractual rights that, together, give that em- ployer broad responsibility at the site involving almost all aspects of the job. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksite = Esc 55 Creating Employer Exposing Employer Correcting Employer Controlling Employer Types of Controlling Employers Control Established by a Combination of Other Contract Rights (cont.) The authority to resolve disputes between subcontractors, set schedules, and determine construction sequencing are particularly significant because it is likely to affect safety. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 56 28

29 Creating Employer Exposing Employer Correcting Employer Controlling Employer Types of Controlling Employers Architects and Engineers Architects, engineers, and other entities are controlling employers only if the breadth of their involvement in a construction project is sufficient to bring them within the parameters discussed in OSHA CPL Instruction. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 57 Creating Employer Exposing Employer Correcting Employer Controlling Employer Types of Controlling Employers Control without Explicit Contractual Authority Even where an employer has no explicit contract rights with respect to safety, an employer can still be a controlling employer if, in actual practice, that employer exercises broad control over subcontractors at the site. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 58 29

30 Creating Employer Exposing Employer Correcting Employer Multiple Roles A creating, correcting or controlling employer will often also be an exposing employer. Controlling Employer FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 59 Creating Employer Exposing Employer Correcting Employer Controlling Employer Multiple Roles Creating, exposing, and controlling employers can also be correcting employers if they are authorized to correct the hazard. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 60 30

31 Multi-Employer Worksite Rules A two-step process must be followed in determining whether more than one employer is to be cited. Step One.. The first step is to determine whether the employer is a creating, exposing, correcting, or controlling employer. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 61 Multi-Employer Worksite Rules Step Two.. If the employer falls into one of these categories, that employer has obligations with respect to OSHA requirements. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 62 31

32 Creating Employer Exposing Employer Correcting Employer Controlling Employer Based on this new law, the Forest Service in 1998 directed contracting officers and representatives to notify contractors of any safety violation or hazard of which they are aware that exist in the workplace. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 63 Creating Employer Exposing Employer Correcting Employer Controlling Employer If the Contractor fails to correct the violation or hazard, the Contracting Officer may issue a "stop" work" " order, in accordance with contractual requirements, and/or notify OSHA of the violation. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 3: Multi-Employer Worksites = Esc 64 32

33 HOME - Overview Topic 4: TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language OSHA Standards TOPIC 7: Other Sources of Information TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 65 General Duty Clause (PL ) * Sec. 5 (a) Each Employer (1) shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious harm to his employees; FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 66 33

34 General Duty Clause (PL ) * (cont.) Sec. 5 (a) Each Employer (2) shall comply with occupational safety and health standards promulgated under this Act. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 67 General Duty Clause (PL ) * (cont.) Sec. 5 (b) Each Employee shall comply with occupational safety and health standards and all rules, regulations and orders issued to this Act which are applicable to his own actions and conduct. *PL is Public Law, Occupational Safety and Health Act of For federal agencies, the general duty clause is cited in 29 CFR (a). FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 68 34

35 Occupational Safety & Health Act (OSHA) Standards You might find it helpful to print this document now so that you can use it to follow along with the presentation. Open PDF Document FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 69 Occupational Safety & Health Act (OSHA) Standards The OSHA standards are grouped into four major categories: General Industry (29 CFR 1910) Construction (29 CFR 1926); Maritime [shipyards, marine terminals, longshoring] Maritime (29 CFR ); 19); and Agriculture (29 CFR 1928). FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 70 35

36 Occupational Safety & Health Act (OSHA) Standards The first two OSHA standards, abbreviated as Part 1910 and Part 1926, are most applicable to the types of activities in the agency. General Industry (29 CFR 1910), abbreviated as Part 1910 Construction (29 CFR 1926), abbreviated as Part 1926 FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 71 OSHA Part 1910 covers General Industry standards that are divided into Subparts A through Z. Subpart A Subpart B Subpart C Subpart D Subpart E Subpart F Subpart G Subpart H Subpart I Subpart J Subpart K Subpart L Subpart M Subpart N Subpart O Subpart P Subpart Q Subpart R Subpart S Subpart T Subpart U-Y Subpart Z General Adoption and Extension of Established Federal Standards Air Contaminants (Removed and Reserved) Walking Working Surfaces Means of Egress Powered Platforms, Man-Lifts, and Vehicle-Mounted Work Platforms Occupational Health and Environmental Control Hazardous Materials Personal Protective Equipment General Environmental Controls Medical and First Aid Fire Protection Compressed Gas and Compressed Air Equipment Materials Handling and Storage Machinery and Machine Guarding Hand and Portable Powered Tools and Other Hand-Held Equipment Welding, Cutting, and Brazing Special Industries Electrical Commercial Diving Operations (Reserved) Toxic and Hazardous Substances FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 72 36

37 OSHA Part 1926 covers Construction Industry standards that are divided into Subparts A through Z. Subpart A Subpart B Subpart C Subpart D Subpart E Subpart F Subpart G Subpart H Subpart I Subpart J Subpart K Subpart L Subpart M Subpart N Subpart O Subpart P Subpart Q Subpart R Subpart S Subpart T Subpart U Subpart V Subpart W Subpart X Subpart Y Subpart Z General General Interpretations General Safety and Health Provisions Occupational Health and Environmental Controls Personal Protective and Life Saving Equipment Fire Protection and Prevention Signs, Signals, and Barricades Materials Handling, Storage, Use, and Disposal Tools Hand and Power Welding and Cutting Electrical Scaffolds Fall Protection Cranes, Derricks, Hoists, Elevators, and Conveyors Motor Vehicles, mechanized Equipment, and Marine Operations Excavations Concrete and Masonry Construction Steel Erection Tunnels and Shafts, Caissons, Cofferdams, and Compressed Air Demolition Blasting and Use of Explosives Power Transmission and Distribution Rollover Protective Structures; Overhead Protection Stairways and Ladders Commercial Diving Operations Toxic and Hazardous Substances FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 73 Here s a snapshot of key OSHA standards that can apply to Forest Service contract activities: FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 74 37

38 Emergency/Evacuation Procedures (29 CFR ) If any contract employee who suspects that an emergency condition exists, they shall immediately contact the worksite supervisor, COR, or local authorities (call 911 or the particular emergency number in your area). These procedures should be included in the Contractor s safety plan. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 75 Emergency/Evacuation Procedures (cont.) In the event of fire, hazardous materials releases or when otherwise directed by COR, Contractors will: Shut-off all equipment, if doing so does not present a risk of bodily injury. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 76 38

39 Emergency/Evacuation Procedures (cont.) Evacuate the area.. In the event of a fire or other emergency incident, contract employees are to immediately evacuate the area by the safest available route. Normally, evacuation routes will be as specified by COR or designated personnel. Confirm all contract employees are accounted for.. All contract employees shall remain at the rendezvous location until directed otherwise by site supervisory personnel. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 77 Confined Space Entry (29 CFR ) All Contractors who perform confined space activities as defined in this standard and as it relates to their particular scope of work, will comply with this OSHA standard. All Contractors are required to have a written Confined Space Entry Program regardless of industry SIC designation (29 CFR (h)(9)(iii)). FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 78 39

40 Hazardous Energy Control,, also known as Lockout/Tagout (29 CFR ) Prescribes the measures required to control hazardous energy to avoid accidental restart when an employee is working on equipment and includes informing employees of another employer working at the same location (multi- employer worksites may be affected). FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 79 Hazardous Energy Control (cont.) Contractors shall apply hazardous energy control procedures as specified in this section (29 CFR ). Some examples of hazardous energy are electrical, hydraulic, air or fluids under pressure, or spring loaded equipment, or any process with stored energy. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 80 40

41 Logging Operations (29 CFR ) This standard establishes safety practices, means, methods and operations for all types of logging, regardless of the end use of the wood. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 81 Logging Operations (cont.) These types of logging include, but are not limited to, pulpwood and timber harvesting and the logging of sawlogs, veneer bolts, poles, pilings, and other forest products. This standard does not cover the construction or use of cable yarding systems. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 82 41

42 Identification of Hazardous Materials (29 CFR ) All contract employees who are likely to encounter or be exposed to hazardous materials as identified by U.S. Department of Transportation (DOT) shall be trained in hazardous material/waste handling. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 83 Asbestos Exposure (29 CFR and 29 CFR ) All Contractors who perform any type of work where there is exposure to asbestos, as well as maintenance or repair operations where there is exposure to asbestos, will comply with these requirements as it relates to their particular scope of work. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 84 42

43 Asbestos Exposure (cont.) All Contractors are required to have a written compliance program that meets the minimum content requirements specified in 29 CFR and 29 CFR Training records and certificates shall be documented and maintained by the Contractor. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 85 Lead Exposure (29 CFR and 29 CFR ) All Contractors who perform any type of work where there is exposure to lead from general industrially work or construction activities (excluding tetraethyl lead), as well as maintenance or repair operations, will comply with these requirements as it relates to their particular scope of work. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 86 43

44 Lead Exposure (cont.) All Contractors are required to have a written compliance program that meets the minimum content requirements specified in 29 CFR and 29 CFR This is the Right to Know Law. Training records and certificates shall be documented and maintained by the Contractor. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 87 Electrical Safety (29 CFR and 29 CFR ) Contractors shall be responsible for implementing all electrical safety requirements as specified. Example: ground fault protection in a wet location, anti-restart devices for carpentry equipment. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 88 44

45 Fall Protection (29 CFR ) This standard prescribes measures for workers exposed to "Unprotected sides and edges." Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 89 Excavations, Trenching, and Shoring (29 CFR ) All excavation (trenching/shoring) projects shall comply with the latest requirements as outlined in this section (29 CFR ). Daily inspection documentation must be present at the excavation and retained in job files. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 90 45

46 For a copy of the complete text of specific standards (CFR), go to the OSHA Web site listed in this presentation, Topic 7: Other Sources of Information. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 4: OSHA Standards = Esc 91 HOME - Overview Topic 5: TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language Contract Language TOPIC 7: Other Sources of Information TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 92 46

47 Contract Language You might find it helpful to print this document now so that you can use it to follow along with the presentation. Open PDF Document FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 93 FAR, Section , Accident Prevention, recommends architectural and engineering (A&E) contracts include a clause, such as , Accident Prevention. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 94 47

48 The following is an excerpt of , Accident Prevention: (a) The Contractor shall provide and maintain work environments and procedures which will- (1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) Avoid interruptions of Government operations and delays in project completion dates; and (3) Control costs in the performance of this contract. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 95 The following is an excerpt of , Accident Prevention: (b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall- (1) Provide appropriate safety barricades, signs, and signal lights; (2) Comply with the standards issued by the Secretary of Labor at 29 CFR part 1926 and 29 CFR part 1910; and (3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 96 48

49 The following is an excerpt of , Accident Prevention: (c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM , in effect on the date of the solicitation. (d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 97 The following is an excerpt of , Accident Prevention: This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 98 49

50 The following is an excerpt of , Accident Prevention: (e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts. (End of clause) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc 99 Summary Forest Service regulations provide the contract administrative requirements for injury prevention and contract safety compliance OSHA laws provide general and specific safety program and work practice requirements FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 5: Contract Language = Esc

51 HOME - Overview Topic 6: TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language Responsibilities TOPIC 7: Other Sources of Information TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 101 Key Contractor Safety Responsibilities Comply with FS contract and FAR clause requirements. OSHA law requires Contractors to provide a safe and healthful workplace for all employees. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

52 Key Contractor Safety Responsibilities OSHA also specifies the requirements which include: A safety plan. Employee training. Identification of worksite hazards. Correction of worksite hazards. Reporting and maintaining injury/illness records. Other requirements may be found in Topic 7 by linking to the OSHA Web site. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 103 A Safety Plan Safety Plan This is a site/job specific safety plan that identifies the workplace hazards and measures the employer will take to ensure safety on the job. This plan is similar to the Forest Service job hazard analysis (JHA). Safety plans often include hazard communication and emergency contact information, as well as schedule of tailgate meetings and other safety topics. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

53 A Safety Plan The Contractor shall conduct a general site orientation meeting with employees before beginning any work on the site to confirm that each employee understands the scope of work and associated hazards. (Recommended Practice) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 105 A Safety Plan Right-Of Of-Way/Road-Side Work Employees working in a public road right-of of-way or otherwise exposed to vehicular traffic shall be provided and instructed to wear warning vests marked with, or made of, reflective or highly visible material. Some states have established statute on the type of warning vests to be worn. Contact the local road maintenance agency for area statutes in effect. (Reference: 29 CFR (g) (2), MUTCD Pt VI) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

54 A Safety Plan Right-Of Of-Way/Road-Side Work (cont.) Barricades, cones, flashers, and warning signs shall be placed at strategic locations when working on or near roads and other areas where vehicular traffic may be a hazard. Signs and flashers must meet the requirements of applicable local and State traffic authorities. (Reference: 29 CFR (g)(2), MUTCD Pt VI) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 107 Employee Training Training shall be documented by the Contractor for each employee involved in the subject work activities. The documentation shall include each training topic, content, and date training was completed. (Reference: 29 CFR (b)(4)) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

55 Safety meetings shall be conducted at a frequency appropriate in light of the safety characteristics of the assignment but not less than once per week. (Recommended Practice) Safety meetings shall be documented. The documentation shall record topics discussed, attendees, dates, and name(s) of instructors or persons presiding. (Recommended Practice) Employee Training FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 109 Employee Training Where appropriate and as determined by the Forest Service, Contractors shall conduct safety meetings to instruct their personnel in the recognition and avoidance of hazards in the work place. (Reference: 29 CFR (b)(2)) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

56 Identification of Worksite Hazards It is the responsibility of each Contractor to inspect each work area at the beginning of each shift and periodically thereafter to ensure safe working conditions exist. The Contractor must inform each affected employee of any concealed dangers or changes in work conditions and must comply with all applicable regulations. (Reference: 29 CFR (b)(2)) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 111 Correction of Worksite Hazards Once a hazard has been identified, the Contractor is responsible for correcting it in accordance with all applicable regulations. (Reference: Multi-Employer Worksite Doctrine) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

57 Reporting and Maintaining Injury/Illness Records Accident Reporting The Contractor shall immediately report all accidents, injuries, and near misses to the COR or site representative. (Reference: 29 CFR ) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 113 Reporting and Maintaining Injury/Illness Records The Contractor shall maintain a separate OSHA 300 log of all contract personnel injuries and illnesses occurring or reported onsite. (Reference: 29 CFR (a)) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

58 FS COR and Inspector Key Safety Responsibilities During the prework conference the COR is responsible for: Informing the Contractor of potential hazards for the job and/or site. Discussing the federal (OSHA and multi-employer) laws and FS regulations FSH at a prework conference. Informing the Contractor of the responsibility to ensure safe and sanitary working conditions. Advising the Contractor of the safety requirements in a multi-employer worksite. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 115 FS COR and Inspector Key Safety Responsibilities (cont.) Advising the Contractor that all accidents involving death injury/illness and property damage shall be reported to the COR. Receiving, reviewing accident reports and forwarding them to the Contracting Officer. Reviewing the Contractor s safety plan to ensure measures will be in place to mitigate hazards. Never take on the responsibility of prescribing safety measures to the contractor, instead point out safety hazards and allow the Contractor to determine the corrective action. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

59 FS COR and Inspector Key Safety Responsibilities (cont.) Know where to go in the regulations to find safety requirements. Notify the Contractor of any worksite hazards or unsafe practices you identify. Remember, never put yourself in an unsafe situation. You have a responsibility and authority to issue suspend work orders when a life threatening situation is present or when safety hazards occur and are not immediately corrected. (FSH , Section 4.5) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 117 Many Forest Service contracts have included agency developed safety clauses, examples are: FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

60 The following is an excerpt from a Forest Service contract for tree planting and netting: Section M - Evaluation Criteria (a) Technical Proposal. The technical proposals will be evaluated and ranked on the basis of the following criteria which are of equal value in the evaluation process. (1) Technical Approach (i) Quality Offered, Quality Control Plan, and Equipment (ii) Spot Selection, Planting, and Micrositing (iii) Tree Preparation and Tree Care (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 119 The following is an excerpt from a Forest Service contract for tree planting and netting: (2) Organization (i) Key Personnel (ii) Crew Experience, Number, Size, and Production Rate (iii) Recruiting, Training, Safety Plan* (3) Record of Past Performance *(iii) Recruiting, Training, Safety Plan. Describe how you will screen, determine qualifications, and hire employees. Include how crewmembers are trained in the tree care, tree preparation, spot selection, and netting or tubing installation and maintenance. Explain your plan to provide safety to the crew during travel to the site, while on the site, and in the event of an emergency. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

61 The following is an excerpt from a Forest Service contract for tree planting and netting: H-13 - SAFETY The Contractor shall provide a written Safety Plan that is job specific for the work performed under this contract. The following hazards include, but are not limited to: 1. Environmental Factors a. Wind and potential of blow down, or tree tops breaking off b. Thunderstorms and potential flash flooding c. Changing weather conditions (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 121 The following is an excerpt from a Forest Service contract for tree planting and netting: 2. Foot Travel a. Burnt out stump holes b. Changing ground surface material; ash, slash, duff, grasses, mud, etc. c. Tripping over down material d. Uneven and steep terrain (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

62 The following is an excerpt from a Forest Service contract for tree planting and netting: 3. Traffic Hazards a. Forest Roads i. Other Forest Users such as logging contractors, mushroom gatherers, and recreationists. ii. Changing road surfaces, such as pavement, gravel, native surface. iii. Changing road conditions, such as rain, snow, mud, dust, potholes, washboards. iv. Limited visibility on comers (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 123 The following is an excerpt from a Forest Service contract for construction: I-## ACCIDENT PREVENTION (FAR ) (NOV 1991) (a) The Contractor shall provide and maintain work environments and procedures which will: (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

63 The following is an excerpt from a Forest Service contract for construction: (b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall: (1) Provide appropriate safety barricades, signs, and signal lights; (2) Comply with the standards issued by the Secretary of Labor at 29 CFR part 1926 and 29 CFR part 1910; and (3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 125 The following is an excerpt from a Forest Service contract for construction: (c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM , in effect on the date of the solicitation. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

64 The following is an excerpt from a Forest Service contract for construction: (d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 127 The following is an excerpt from a Forest Service contract for construction: Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

65 The following is an excerpt from a Forest Service contract for construction: (e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts. (f) Before commencing the work, the Contractor shall: (1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 129 The following is an excerpt from a Forest Service contract for construction: (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

66 The following is an excerpt from a Forest Service contract for danger tree removal: SECTION 983 -DANGER TREE REMOVAL Description Work. This work consists of felling, bucking, and limbing trees and scattering slash. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 131 The following is an excerpt from a Forest Service contract for danger tree removal: Requirements Danger Trees. Remove trees and snags that are broken off or that are in a leaning, unstable position as designated on the ground. Cut designated danger trees so that stump heights do not exceed 12 inches as measured on the uphill side of the stump. Maximum stump height of designated trees within 4 feet of the trail centerline is 6 inches. Do not leave felled trees parallel with the trail unless there are sufficient barriers to keep them from rolling or sliding onto the trail. Lop limbs to reduce slash concentration and (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

67 The following is an excerpt from a Forest Service contract for danger tree removal: scatter the clearing debris outside and below the travelway. If the trunk, or a portion thereof, falls within the travelway remove that portion within 4 feet of either side of the trail centerline and scatter a minimum distance of 4 feet beyond and below the trail centerline. Measurement Method. Determine the quantity of danger tree removal units by actual count of those trees marked. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 133 The following is an excerpt from a Forest Service contract for danger tree removal: Payment Basis. Make payment, for all units inspected and accepted, at the unit price SHOWN IN THE SCHEDULE OF ITEMS. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

68 The following is an excerpt from a Forest Service contract for hazard tree removal: H-4 -SAFETY PLAN The contractor shall provide a written safety plan that is job specific for the work performed under this contract. The following hazards include, but are not limited to: (a) Personnel (1) Another individual is required to be with the faller. (b) Environmental Factors (1) Wind-potential of blow down, or tree tops breaking off. (2) Changing weather conditions. (continued on next slide) FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc 135 The following is an excerpt from a Forest Service contract for hazard tree removal: (c) Foot Travel (1) Burnt out stump holes. (2) Changing ground surface material: ash, slash, duff, grasses, mud. (3) Tripping over down material. (4) Uneven and steep terrain. (d) Traffic Hazards (1) Trails (i) Forest visitors traveling trails behind closure notice. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space = Esc

69 HOME - Overview Topic 7: TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language TOPIC 7: Other Sources of Information Other Sources of Information TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 7: Other Sources of Information = Esc 137 Information is available on businesses that have been inspected by OSHA. You can search for OSHA enforcement inspections by going to the following website: User Note: Your computer must have internet access in order for this link to function. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 7: Other Sources of Information = Esc

70 A useful tool for gaining knowledge about the Forest Service Safety and Occupational Health Program is to view the presentation, USDA Forest Service Occupational Safety & Health Training for Supervisors and Managers. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 7: Other Sources of Information = Esc 139 To obtain a copy of USDA Forest Service Occupational Safety & Health Training for Supervisors and Managers, contact your unit safety and health coordinator. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 7: Other Sources of Information = Esc

71 User Note: Your computer must have internet access in order for these links to function. US Environmental Protection Agency US Department of Transportation US Department of Labor, OSHA US Department of Homeland Security FSH Forest Service (FSH ) Health & Safety Code Handbook FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 7: Other Sources of Information = Esc 141 HOME - Overview Topic 8: TOPIC 1: Introduction TOPIC 2: Regulatory Guidance TOPIC 3: Multi-Employer Worksites TOPIC 4: OSHA Standards TOPIC 5: Contract Language Summary TOPIC 7: Other Sources of Information TOPIC 8: Summary TOPIC 9: Quiz CERTIFICATE FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc

72 All employers are required to provide for the safety of their employees. Introduction The Contractor has a responsibility to ensure all safety requirements in the contract are being met at the worksite. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc 143 Definitions Accident any unplanned event that results in personal injury or in property damage. Similarly, property damage may be minor or serious. Near Miss any situation or incident that narrowly misses being an accident which the circumstances indicate serious potential for substantial damage, injury, or death. OSHA Occupational Safety and Health Administration the federal agency responsible for the laws governing workplace safety and health. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc

73 Regulatory Guidance The responsibility to issue suspend work orders when safety hazards occur and are not immediately corrected is delegated down to the Contract Inspector level. FSH , Section 23 Safety,, provides directions. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc 145 The following is an excerpt from the Contract Administration Handbook FSH , Section 4 Responsibility4 Responsibility: Project Inspectors. Contracting Officer's Representatives (COR's) designate project inspectors to secure compliance with the terms and conditions of the contract. Project inspectors shall: 1. Represent the COR in securing compliance with contract specifications, drawings, and provisions. 2. Notify the contractor of deviations from contract requirements. 3. Notify the COR when the contractor fails to take corrective action. 4. Issue Notice of Noncompliance (Form FS , Work Order and Notice of Noncompliance, ex. 01). 5. Maintain Contract Daily Diaries (Forms FS and FS ) and copies of work orders and inspection records (provide copies to COR). 6. Keep record of quantity measurements for each pay item and provide copies to the COR. 7. Chart project progress and compare to contract schedule. 8. Anticipate change orders and inform the COR. 9. Arrange periodic conferences with the contractor or the contractor's representative. 10. Issue suspend work orders when safety hazards occur and are not immediately corrected. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc

74 Creating Employer Exposing Employer Correcting Employer Controlling Employer Multi-Employer Worksites If the Contractor fails to correct the violation or hazard, the Contracting Officer may issue a suspend work order, in accordance with contractual requirements, and/or notify OSHA of the violation. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc 147 OSHA Standards The first two OSHA standards, abbreviated as Part 1910 and Part 1926,, are most applicable to the types of activities in the agency. General Industry (29 CFR 1910), abbreviated as Part 1910 Construction (29 CFS 1926), abbreviated as Part 1926 FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc

75 Contract Language FAR, Section , Accident Prevention provides guidelines for including contractor safety program requirements in architectural and engineering (A&E) related contracts. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc 149 H-13 - SAFETY The Contractor shall provide a written Safety Plan that is job specific for the work performed under this contract. The following hazards include, but are not limited to: 1. Environmental Factors a. Wind and potential of blow down, or tree tops breaking off b. Thunderstorms and potential flash flooding c. Changing weather conditions (continued on next slide) Responsibilities OSHA s Field Inspection Reference Manual (FIRM) states more than one employer may be cited for hazardous exposures to multi- employer worksite employees. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc

76 FS COR and Inspector Key Safety Responsibilities (cont.) Advising the Contractor that all accidents involving death injury/illness and property damage be reported to the COR. Receiving, reviewing accident reports and forwarding them to the Contracting Officer. Reviewing the Contractor s safety plan to ensure measures will be in place to mitigate hazards. Never take on the responsibility of prescribing safety measures to the Contractor, instead point out safety hazards and allow the Contractor to determine the corrective action. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc 151 Key Contractor Safety Responsibilities OSHA also specifies the requirements which include: A safety plan. Employee training. Identification of worksite hazards. Correction of worksite hazards. Reporting and maintaining injury/illness records. Other requirements may be found in Topic 7 by linking to the OSHA Web site. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc

77 Other Sources of Information A useful tool for gaining knowledge about the Forest Service Safety and Occupational Health Program is to view the presentation, USDA Forest Service Occupational Safety & Health Training for Supervisors and Managers. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc 153 As an agency we have the responsibility to ensure that we provide protection to the public and our Contractors who work with us to accomplish our mission. FWD=PageDown,,, SpaceBar, Left click =PageUp,,, Space TOPIC 8: Summary = Esc