Contract appendix: Health and Safety (HAS)

Transcription

1 Based on the fundamental principle of perpetuating a preventive mindset and effective control of operational risks, this contract appendix establishes the legal and managerial principles for maintaining the physical and mental integrity of all those directly or indirectly involved in organising and executing the Rio 2016 Olympic and Paralympic Games. Commitment to these principles is a fundamental element for the success of the commercial and institutional relationships between the Rio 2016 Organising Committee for the Olympic Games (Rio 2016 Committee) and its entire chain of hired suppliers of goods and services. Therefore, it is mandatory to recognise, respect and comply with the provisions of this document in order to fully execute the activities, processes and services that are the subject of this contract. 1. Legal obligations Through this document, the Rio 2016 Committee defines basic workplace health and safety requirements applicable to its CONTRACTORS, based on specific laws, as well as internal regulations, procedures, instructions and conducts. The CONTRACTOR must inform its workforce of the content of this document and ensure it is complied with. 1.1 In order to follow the principle of prevention of harm to workers health and safety, especially in the workplace, as determined by the Rio 2016 Committee, it is mandatory and fundamental to comply with the Brazilian legal system applicable to the workplace health and safety area, as well as other standards, procedures, laws, decrees, ordinances, resolutions and regulatory instructions in the federal, state and municipal spheres. Accordingly, the main standards and regulations that the Rio 2016 Committee s CONTRACTORS must comply with are listed below: a. Federal Regulatory Instructions no. 1; b. Regulatory Standards of Federal Ordinance no. 3214/78, issued by the Ministry of Work and Employment; c. Chemical Product Safety Data Sheets (FISPQ); d. ABNT standards; e. Federal and state traffic rules; f. ANAC standards; g. ANVISA standards; h. Fire prevention and fire-fighting standards compiled by the Fire Brigade Department. 1.2 CONTRACTOR s obligations and responsibilities: The CONTRACTOR, by signing the Contract with the Rio 2016 Committee (BUYER), undertakes to fully comply with the provisions of this Appendix and all work requirements, regulations and procedures concerning health and safety, permitting widespread and total inspection of its

2 facilities and services by the BUYER, as provided in the Contract The CONTRACTOR is solely responsible for the acts of its employees, agents, service providers, contractors and/or authorised parties, directly or indirectly assigned to provide the services that are the subject of this contract, especially those arising from breaches of any standard related to workplace health and safety in effect in the country, and it will be liable for any payments arising from harm to third parties resulting from such service provision Allegations that the CONTRACTOR was unaware of any health and safety standards and regulations will not be accepted The CONTRACTOR must inform the Rio 2016 Committee s Health and Safety area of the structuring of its Specialist Workplace Safety and Medicine Service (SESMT) It is the responsibility and obligation of the CONTRACTOR to supply personal protective equipment (PPE) for free to its employees. The selection and technical specifications of PPE must be defined by the CONTRACTOR s SESMT in accordance with the risks to which workers will be exposed in their respective work environments, in order to guarantee their health. It is essential to use PPE with an Approval Certificate (known by Portuguese acronym CA) from the Ministry of Work and Employment. The PPE must be acquired from suppliers that have a Supplier Registration Certificate (CRF) and/or Importer Registration Certificate (CRI) for workplace safety equipment. The PPE must always be fully suitable for use, guaranteeing proper user protection If a lack or improper use of PPE is detected, the CONTRACTOR must rectify such nonconformity immediately or remove the employee in question from the area of risk until the lack is rectified or the correct usage practice has been adopted The CONTRACTOR must maintain a spare stock of PPE, enabling it to be replaced when it wears out and no longer offers adequate protection Before starting its services, the CONTRACTOR must present the person responsible for the Rio 2016 Committee s Health and Safety team with the Occupational Health Medical Control Programme (PCMSO) for its personnel, containing the name of the Workplace Doctor responsible for the PCMSO (who may or may not be an employee of the company) and a copy of his/her authorisation certificate The CONTRACTOR must present the BUYER with its Environmental Risk Prevention Programme (PPRA), in accordance with NR-9.

3 The CONTRACTOR must present the BUYER with its Construction Industry Work Conditions and Environment Programme (PCMAT), in accordance with NR Before starting its services, the CONTRACTOR must present its plan for supplying sanitary facilities, water and food, and describe how this will be done, in accordance with pertinent legislation (NR-24) The CONTRACTOR must attach to a bulletin board, in a highly visible manner, a notice providing the name and address of the hospital hired to provide medical care In the event of an accident involving employees for whom it is responsible, the CONTRACTOR will take the following steps: a) Immediately provide the victim with first aid and take him/her to the accredited hospital; b) Inform the Rio 2016 Committee s Health and Safety area; c) Fill in a Workplace Accident Report (CAT) and send a copy to the Rio 2016 Committee s Health and Safety area within 24 hours; d) Provide the person responsible for the activities of the Rio 2016 Committee s Health and Safety area with a report that analyses the accident, identifies the immediate and underlying causes, and describes the corrective measures taken, within five (5) working days after the incident All of the CONTRACTOR s employees must be accredited, trained and compliant with the specific minimum standards for their respective activities. Their entry and periodic training records must be presented whenever requested by the Rio 2016 Committee To perform the activities specified below, the following minimum requirements are established: a. Electrician licensing, qualification, training and authorisation for workers in line with item 10.8 of NR-10; b. Drivers of cargo moving equipment qualification in line with item of NR-11; c. Drivers transporting hazardous products Movement of Hazardous Products (MOPP) course, in line with Resolution 168 of 14 December 2004;

4 d. Work in confined spaces training in line with item of NR-33; e. Scaffolding assembly qualification or training certificate for correct sizing and attachment, in line with item of NR-18; f. Cargo movement qualification for cargo rigging and movement in line with item of NR-18; g. Work at heights training in line with item of NR-35; h. Demolition qualification in line with item of NR-18; i. Equipment for the vertical transport of materials or people qualification or training certificate for correct sizing, in line with item of NR-18. j. Other health and safety training inherent to the activities of the CONTRACTOR and not listed in this appendix must be executed by it and reported to the Rio 2016 Committee s Health and Safety area Two (2) months after the start of the work contract, the CONTRACTOR must provide its employees with their Occupational Welfare Profile (PPP), in line with social security regulatory instructions. 2. Management obligations Good governance practices are mechanisms to support effective compliance with the legal obligations determined by applicable legislation. Therefore, the CONTRACTOR must abide by the following management and governance practices: 2.1 Respect and fully enforce the Rio 2016 Committee s workplace health and safety policy. 2.2 Respect and fully enforce the Rio 2016 Committee s golden rules. 2.3 The CONTRACTOR must present its Workplace Health and Safety Management Plan, containing at least the following: Organisation Chart of Health and Safety Workers and their Responsibilities; Workplace Health and Safety Objectives and Targets; Equipment Inspection Plan; Audit Plan for Specific Instructions; Training and Refresher Plan; Daily Safety Dialogue (DDS) Programme; Emergency Response Plan; Occupational Hygiene and Health Programme; Work Permits.

5 2.4 The Rio 2016 Committee may suspend, without imposing costs on the CONTRACTOR, any work in which serious and imminent risks to the safety of people and equipment are detected. If such a situation is detected, the Rio 2016 Committee s Health and Safety area will contact the CONTRACTOR to implement the respective contingency measures, guaranteeing the resumption of the interrupted activities. 2.5 The CONTRACTOR must halt its activities when an emergency is announced, remove its workers to the determined locations, and follow the orientations of monitors and/or brigade members. Everyone must participate in emergency drills when they are called to do so. 2.6 The CONTRACTOR must submit its emergency plan to the BUYER for evaluation before it starts its activities. 2.7 In no more than 24 hours, the CONTRACTOR must inform the Rio 2016 Committee s Health and Safety area of any minor or serious work accident, whether or not it leads to time off work, involving its workers. The CONTRACTOR must report all accidents to the National Social Security Institute (INSS) by means of a Workplace Accident Report (CAT), and deliver a copy of each CAT within 48 hours to the Rio 2016 Committee s Health and Safety area. In no more than 48 hours, the CONTRACTOR must present an accident investigation report containing the registration details of the people involved, a description of the occurrence, the underlying and immediate causes identified, the corrective and preventive measures proposed to mitigate risks or eliminate them (whenever possible), and consequences and impacts regarding the work process in question. 2.8 By the fifth working day of each month, the CONTRACTOR must issue a Monthly Statistical Report (REM) about workplace accident victims. This report must specify hours spent exposed to risks, the number of employees and the occurrence of accidents, summarised in line with their respective metrics. 2.9 The CONTRACTOR must issue a Work Permit (PT) for all activities characterised as having high potential for safety risks, as follows: Work at heights of at least 2.00 metres; Work involving hot or cold welding, grinders or blowtorches; Work in confined spaces; Work involving demolition and/or dismantling and excavation; Work involving electricity (except sockets and light bulbs with a voltage of up to 220 volts); Work involving flammable materials.

6 Other work with high risk potential not listed in this item will be evaluated by the CONTRACTOR s health and safety team and the Rio 2016 Committee s Health and Safety area Special care must be taken with sources of ignition, such as smoking, hot work and flame openings. Smoking is only permitted at specific, marked points, and is prohibited in closed environments, in accordance with applicable laws Before starting work on Chemical Product Safety Data Sheets (FISPQ), the CONTRACTOR must send the Rio 2016 Committee s Health and Safety area all the products to be used in the activities to be performed The CONTRACTOR is subject to health and safety inspections, notified in advance to the CONTRACTOR and in full agreement as to their content and duration. Such inspections will be conducted by the Rio 2016 Committee s team, as contractually established The CONTRACTOR must select a workplace health and safety focal point representative to be the interface between the CONTRACTOR and the health and safety manager responsible for managing workplace health and safety at the Rio 2016 Committee. This focal point will be tasked with receiving operational and strategic decisions within the scope of health and safety, and reporting them to the CONTRACTOR s team, and representing the CONTRACTOR at weekly health and safety meetings between the CONTRACTOR and the Rio 2016 Committee s health and safety manager, among other routine activities that are part of the scope of occupational health and safety. 3. Matrix of responsibilities vs. penalties In order to ensure total clarity and objectivity in the evaluation and judgement of possible breaches of the requirements described in this contract appendix, a matrix of responsibility vs. severity will be the basis for this activity, classifying the severity of each requirement listed as high, medium or low : Gravidade Baixa Media Alta Responsabilidades Descumprimento obrigações legais Descumprimento obrigações gerenciais Acidentes graves com lesões permanentes ou fatalidades 1.2.4; ; ; 1.2.2; 1.2.3; ; ;1.2.1; 1.2.5; 1.2.6; 1.2.8; 1.2.9; ; ; 2.4; 2.5; 2.9; ; 2.7; ; 2.2; 2.6; 2.8; 2.10; 2.11 x