Procurement ANNEX A Page 1 of 19. Annex A: PROVISIONS REGARDING LABOUR REGULATIONS AND THE PREVENTION OF OCCUPATIONAL HAZARDS

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1 Procurement ANNEX A Page 1 of 19 Procurement Annex A: PROVISIONS REGARDING LABOUR REGULATIONS AND THE PREVENTION OF OCCUPATIONAL HAZARDS Common provisions regarding labour regulations Occupational health and safety provisions for the supply of materials and equipment Occupational health and safety provisions for contracts for works and services Non-compliance, penalties and liabilities 1. COMMON PROVISIONS REGARDING LABOUR REGULATIONS 1.1. Fulfilment and certification of legal requirements The CONTRACTOR shall comply with the applicable labour, legal or conventional regulations and Social Security provisions in relation to the workers in its employ. To this end, ENDESA will monitor compliance of the labour regulations provided in applicable law, and the CONTRACTOR must, on each of the specified occasions, supply the following documentation: A. Documents to be submitted with bids: 1. Photocopy of the company s VAT NUMBER and DEED OF INCORPORA- TION, or private VAT NUMBER in the case of a sole trader 2. DOCUMENT CERTIFYING an absence of Social Security debt made out by the SOCIAL SECURITY authority. 3. CERTIFICATION of being up to date with the payment of all the TAXES applicable to it on account of its business structure or activities, expressly including the tax on economic activities (Impuesto de Actividades Económicas, IAE). 4. CIVIL AND THIRD PARTY LIABILITY INSURANCE (in accordance with the General Conditions of Contract). The bidder must submit these documents together with its bid, unless it has recently taken part in another ENDESA tender and submitted them then. In

2 Procurement ANNEX A Page 2 of 19 this case it shall not be necessary for them to be resubmitted, but the bidder must indicate the reference of the tender within which it was supplied.

3 Procurement ANNEX A Page 3 of 19 B. Contracts with Temporary Employment Agencies Where work is contracted out through temporary employment agencies, these must attach to their bids both the above documents and the following: 1. Certificate issued by the Provincial Social Security Office (Dirección Provincial de Trabajo y Seguridad Social) showing the temporary employment agency s official licence to supply the workers in their employ to ENDESA. 2. Certificate issued by the Provincial Social Security Office of the financial guarantee required by Law 14/1994 for temporary employment agencies. C. Documents to be submitted before the Contract is signed: 1. Sufficient POWER OF ATTORNEY in the name of the person or persons who are to sign documents for and on behalf of the CONTRACTOR and a photocopy thereof, which will remain in the hands of ENDESA and its affiliates. 2. Document certifying cover against professional risks with an employers mutuality or with the National Social Security Institute (INSS), as appropriate, and details of self-insurance, if applicable. 3. Specific hazard prevention plan for the works or service under contract, including general and specific hazards, hazard analysis, protective measures (both collective and individual), preventive planning for the tasks to be carried out and work procedures. D. Documents to be submitted after the signing of the CONTRACT and before the work is performed: 1. Labour Inspectorate Visit Book 2. LIST OF NAMES OF THE CONTRACTOR S WORKERS who are to provide services in the performance of the work under contract, specifying their professional category, National Identity Document number, Social Security number and type of employment contract and duration thereof, and details of workers subject to special hazards pursuant to Royal Decree 39/97 and Royal Decree 1627/ SOCIAL SECURITY REGISTRATION SLIP for the aforesaid workers, to be submitted no later than the date on which the work starts. 4. RESIDENCE CERTIFICATE and WORK PERMIT in the case of services rendered non-eu residents.

4 Procurement ANNEX A Page 4 of Certificate of theoretical/practical training sufficient for the type of work to be carried out. 6. Certificate of handover of individual protection equipment to workers, where the tasks to be performed so require. 7. Certificate of medical aptitude for the work to be carried out. 8. Certificate of receipt of sufficient information on the general and specific hazards at the work centre at which the work is to be carried out, and certificate of the transmission of this information to employees. 9. Copy of notice of compliance with requirements for employee information and reporting to the Central Treasury for Social Security (Tesorería General de la Seguridad Social), pursuant to what is provided in art of the Workers Statute (Estatuto de los Trabajadores). 10. Notice to workers representatives concerning the performance of contract work, on the terms provided in art of the Workers Statute. 11. DESIGNATION OF A LIAISON PERSON in the CONTRACTOR vis-à-vis the Principal Company. 12. DESIGNATION OF A PERSON IN CHARGE OF HAZARD PREVENTION in the CONTRACTOR. 13. Statement that the CONTRACTOR has complied with requirements for employee information and reporting to the Central Treasury for Social Security, pursuant to what is provided in art and 5 of the Workers Statute. These documents shall be submitted to ENDESA 24 hours before the start of the contract work, with the exception of Social Security registration slips. ENDESA or its Representative for the works or service will expressly tell the CONTRACTOR which Unit the documents are to be submitted to. E. Documents to be submitted during the performance of the Contract: Intermittently: 1. Notice of staff joining or leaving the work site. Notice thereof shall be given immediately or at the latest on the following business day. 2. Copy of the notice of opening of a Work Centre to the Employment Authority, where such notice is legally required (because the work is to last for more than one month).

5 Procurement ANNEX A Page 5 of Notice of accidents, incidents and hazards to be given to ENDESA s liaison person with the CONTRACTOR. 4. In the event of subcontracting, document in which the subcontractor undertakes to meet the obligations arising from the Contract as if it were the main contractor. Monthly: 1. Total number of hours worked by the CONTRACTOR s staff 2. Total number of accidents (specifying whether or not they gave rise to sick leave) 3. Number of electrical accidents 4. Number of mining accidents 5. Number of gas accidents 6. Number of fatal accidents 7. Total number of working days lost Quarterly: 1. Document certifying an absence of Social Security debt in the previous month issued by the Social Security authority. 2. Statement, where applicable, from the CONTRACTOR s representative certifying that its subcontractors are up to date with their wage, Social Security, hazard prevention and safety obligations. 3. TC1 and TC2 forms for workers that have rendered services in the contract work. 4. Statement from the CONTRACTOR that it is up to date with its wage liabilities. 5. Copies of the above documents required of the CONTRACTOR, from its subcontractors. These documents shall be submitted to the ENDESA Centre in whose sphere of influence the contract work is carried out. ENDESA or its Representative for the works or service will expressly tell the CONTRACTOR which Unit the documents are to be submitted to.

6 Procurement ANNEX A Page 6 of Incompatibilities The CONTRACTOR undertakes not to use the services of persons who have retired or taken early retirement from ENDESA companies, whether such services are provided in an employment or a business relationship, either personally or through any company with which they have maintained an employment, business or property relationship, or through third parties, except with ENDESA s express authorization. Likewise, no manager or majority shareholder of the CONTRACTOR may be retired or early retired employees of ENDESA companies, except with ENDESA s express authorization. Failure to comply with either of these obligations shall constitute grounds for rescinding the Contract. 2. OCCUPATIONAL HEALTH AND SAFETY PROVISIONS FOR THE SUPPLY OF MATERIALS AND EQUIPMENT 2.1. General Provisions Compliance with regulations The CONTRACTOR shall comply with the regulations on the prevention of occupational hazards formed by Law 31/1995 of 8 November, its implementing or supplementary provisions and any other legal or conventional standards containing specifications relating to the adoption of preventive measures in the employment sphere or liable to give rise to measures in that sphere Organization of the work The organization of the work and of the safety measures required for the supply shall be the CONTRACTOR s obligation. It shall appoint a person from its organization of proven competence to be in charge of management, supervision and coordination, where applicable, with the representatives of other contractors, and with the ENDESA staff responsible work organization and hazard prevention, including staff from ENDESA s Combined Hazard Prevention Service. Organization of preventive measures: the CONTRACTOR shall provide for the organization of preventive measures, including hazard prevention and healt h- care services, as required by the applicable regulations, as are agreed upon in the coordination of activities or as are advisable in view of the risks involved in the work, with the aim of preventing occupational accidents.

7 Procurement ANNEX A Page 7 of Staff of the CONTRACTOR The CONTRACTOR shall guarantee the safety and protection of the workers in its employ in all aspects related to the work. To this end, it shall, under its exclusive liability, take the necessary measures as regards risk assessment, preventive planning, training and information on hazards, procedure in emergencies or grave and imminent danger, and monitoring of its employees health Coordination of activities In the event that the supply of materials and equipment involves the performance of installation work on ENDESA premises, the CONTRACTOR shall draw up a Hazard Prevention Plan for such installation work. This Hazard Prevention Plan shall cover general and specific hazards, risk assessment, pr o- tective measures (both personal and collective), preventive planning of tasks to be performed and work procedures. Where several contractors are working together on such activities, each CONTRACTOR shall cooperate in the application of the regulations on the Prevention of Occupational Hazards, accepting its obligations and answering for any breaches thereof. ENDESA shall provide resources and measures for coordination of any business activities that it deems appropriate so that the contractors receive suitable information and instructions regarding the hazards present and the corr e- sponding protective and preventive measures, along with any emergency measures to be applied, in order for such information to be passed on to their respective employees. Each CONTRACTOR shall moreover inform ENDESA of the hazards inherent in the activity to be performed that may affect its own or other workers, along with the protective measures to be taken Particularly dangerous activities In the event that the installation by the CONTRACTOR of the materials or equipment supplied to ENDESA involves the performance of particularly dangerous activities, with workers being exposed to any of the hazards defined in Annex I of Royal Decree 39/97 containing the Regulations on Hazard Prevention Services, or, if applicable, Annex II of Royal Decree 1627/97 on Safety in Construction Works, ENDESA may ask the CONTRACTOR for any legally mandatory data on the monitoring of its employees health so as to ensure that the legal provisions on the prevention of occupational hazards are being met. In particular, where the aforesaid circumstances apply, the CONTRACTOR shall provide ENDESA with the following documents before the start of the installation work:

8 Procurement ANNEX A Page 8 of 19 List of names of staff exposed to the specified risks and date of their last medical check-up. Medical service that performed the check-up. Rating of staff as fit for the specified installation work Notice of accidents, incidents and hazards Whenever an accident occurs in its activities, even when no one is hurt, the CONTRACTOR is ineluctably obliged to report it to ENDESA s Representative for the supply, filling out either the accident statement forms provided by ENDESA or its own forms for this purpose. Furthermore, when required by ENDESA, the CONTRACTOR shall carry out an additional inquiry, establishing the causes of the accident and the preventive measures to be adopted. Moreover, the CONTRACTOR shall notify ENDESA of any serious incidents that occur in the course of the activity covered by the Contract. Where ENDESA starts an inquiry to investigate the causes of an accident, the CONTRACTOR shall be obliged to cooperate fully, providing any data and taking any steps that are requested of it Training The CONTRACTOR shall ensure that its staff receive appropriate theoretical/practical training and instruction in hazard prevention and first aid, and shall report its actions in this connection to the ENDESA Representative responsible for the supply Particular provisions for materials and equipment Safety Conditions The CONTRACTOR is obliged to comply with what is specified in art. 41 of Law 31/1995 on the Prevention of Occupational Hazards regarding the safety conditions for machinery, equipment, products and tools supplied to ENDESA. The CONTRACTOR shall ensure that the machinery, equipment and tools supplied to ENDESA do not constitute a source of danger to workers, provided that they are installed in the recommended conditions and manner and used for the recommended purposes. The CONTRACTOR shall supply ENDESA with information indicating how these are to be properly used by workers, the additional preventive measures to be taken and the industrial hazards entailed by the materials and equipment supplied, both in normal use and in improper handling or use.

9 Procurement ANNEX A Page 9 of Supply of machinery If machinery is supplied, the CONTRACTOR shall guarantee to ENDESA that it meets the relevant requirements set out in Royal Decree 1435/92 on Essential Health and Safety Requirements in Machinery. The Manual of Instructions for Use of the machinery or equipment supplied by the CONTRACTOR to ENDESA shall contain all the specific ations that the aforesaid RD 1435/92 on Machinery provides as necessary, and in particular, instructions permitting the following operations to be performed with an admissible level of risk: start-up, use, handling, installation, assembly, disassembly, adjustment and maintenance (preservation and repair), along with learning instructions and specification of improper use Supply of chemical products and substances The CONTRACTOR must supply ENDESA with chemical products and substances properly packaged and labelled, so that they may be kept and handled safely and their contents and the risks for worker health and safety involved in their storage or use are clearly identified. Where the CONTRACTOR supplies ENDESA with chemical products that may, according to their composition and use, represent risks for workers, and in all events, where such products are legally classified as toxic, harmful, flammable, explosive, corrosive, carcinogenic, radioactive, etc., it shall inform ENDESA of the hazards involved in their use and application, along with the preventive measures adopted to eliminate or control such hazards. Where the materials are deemed to be dangerous, the CONTRACTOR shall inform ENDESA of the identity of its Safety Advisor for the purpose of coordinating activities aimed at protecting health and safety. The CONTRACTOR must inform ENDESA of any supply of materials contai n- ing metal dust, organic dust, asbestos, silica or other substances that may give rise to particularly dangerous hazards to people or installations. The CONTRACTOR shall guarantee to ENDESA that it has complied with Royal Decree 664/97 on the Protection of workers against risks related to the explosion of biological agents during work, when it supplies preparations or substances that may entail such risks. The CONTRACTOR shall guarantee to ENDESA that it has complied with Royal Decree 665/97 on the Protection of workers against risks related to the explosion of carcinogenic agents during work in the event that it supplies preparations or substances classified as carcinogenic agents, or if the processes referred to in the aforesaid RD must be applied in ENDESA by virtue of the supply to be performed Supply of installations, apparatus and instruments

10 Procurement ANNEX A Page 10 of 19 Where the CONTRACTOR supplies ENDESA with installations, apparatus and instruments, it shall guarantee that they are in compliance with industrial legislation and the Law on the Prevention of Occupational Hazards, and shall inform ENDESA of any hazards involved in their use and application, along the preventive measures for the elimination or control thereof. In the event of a supply of personal protective equipment (PPE) or collective protection equipment, the CONTRACTOR shall guarantee to ENDESA that such equipment is effective, provided that it is installed and used in the recommended conditions and manner. The CONTRACTOR shall inform ENDESA of the type of hazards for which such equipment is designed, the level of protection provided, how it is to be properly used and maintained, and generally all the specific obligations pr o- vided in Royal Decree 773/97 on Use of PPE Other particular provisions According to the characteristics of the supply, ENDESA may require the CONTRACTOR to organize and plan the prevention of hazards (Plans, Standards, Safety Procedures, etc.) and to provide for the coordination measures that are legally required or that it considers appropriate to guarantee safety at all stages of the supply of materials and equipment. As a result of the above, ENDESA may require the CONTRACTOR to comply with other particular provisions for the Prevention of Occupational Hazards supplementing, replacing or optimising the aforesaid requirements. 3. OCCUPATIONAL HEALTH AND SAFETY PROVISIONS FOR CONTRACTS FOR WORKS AND SERVICES 3.1. General Provisions Compliance with regulations The CONTRACTOR shall comply with the regulations on the prevention of occupational hazards formed by Law 31/1995 of 8 November, its implementing or supplementary provisions and any other legal or conventional standards containing specifications relating to the adoption of preventive measures in the employment sphere or liable to give rise to measures in that sphere Organization The organization of the work and of the safety measures required for the works or service shall be the CONTRACTOR s obligation. It shall appoint a person from its organization of proven competence to be in charge of management, supervision and coordination, where applicable, with the representa-

11 Procurement ANNEX A Page 11 of 19 tives of other contractors, and with the ENDESA staff responsible work organization and hazard prevention, including staff from ENDESA s Combined Hazard Prevention Service. Organization of preventive measures: the CONTRACTOR shall provide for the organization of preventive measures, including hazard prevention and healt h- care services in the works or installation, as required by the applicable regul a- tions, as are agreed upon in the coordination of activities or as are advisable in view of the risks involved in the work, with the aim of preventing occupational accidents Staff of the CONTRACTOR The CONTRACTOR shall guarantee the safety and protection of the workers in its employ in all aspects related to the work. To this end, it shall, under its exclusive liability, take the necessary measures as regards risk assessment, preventive planning, training and information on hazards, procedure in emergencies or grave and imminent danger, and monitoring of its employees health Coordination of activities Where several contractors are working together on a certain activity, works or service, each CONTRACTOR shall cooperate in the application of the regul a- tions on the prevention of occupational hazards, accepting its obligations and answering for any breaches thereof. ENDESA shall provide resources and measures for coordination of any bus i- ness activities that it deems appropriate so that the contractors and selfemployed workers carrying out activities in its work centre receive suitable information and instructions regarding the hazards present and the corresponding protective and preventive measures, along with any emergency measures to be applied, in order for such information to be passed on to their respective employees Particularly dangerous activities In the event that the works or service involves the performance of particularly dangerous activities, with workers being exposed to any of the hazards defined in Annex I of Royal Decree 39/97 containing the Regulations on Hazard Prevention Services, or, if applicable, Annex II of Royal Decree 1627/97 on Safety in Construction Works, ENDESA may ask the CONTRACTOR for any legally mandatory data on the monitoring of its employees health so as to ensure that the legal provisions on the prevention of occupational hazards are being met. In particular, where the aforesaid circumstances apply, the CON- TRACTOR shall provide ENDESA with the following documents before the start of the works or service:

12 Procurement ANNEX A Page 12 of 19 List of names of staff at the works exposed to the specified risks and date of their last medical check-up. Medical service that performed the check-up. Rating of staff as fit for the specified work Training The CONTRACTOR shall ensure that its staff receive appropriate theoretical/practical training and instruction in hazard prevention and first aid, and shall report its actions in this connection to the ENDESA Representative responsible for the works or service Particular provisions for the performance of works and services General requirements Unless ENDESA releases it from this obligation, the CONTRACTOR shall send a Representative of its organization to the site of the works or service, sufficiently in advance, with powers to prepare and organize the implement a- tion thereof. The CONTRACTOR s Representative at the ENDESA works or installation shall deal with the ENDESA Representative or person delegated by him for the purpose of coordinating the work so that it complies with the system, organization and overall scheduling of the works or service specified by ENDESA. ENDESA s Representative at the works or installation shall be constantly in contact with the CONTRACTOR, working to ensure the suitable application of safety measures in all the work. To contribute to this same aim, the onsite safety service established by the CONTRACTOR shall for its part keep in close contact with ENDESA s Combined Hazard Prevention Service. The CONTRACTOR s safety service shall take special care to ensure that its staff and that of its subcontractors comply with the hazard prevention regulations set out in its own Prevention Plan for the contract works or service. Unless otherwise specified, before starting the work the CONTRACTOR shall submit to ENDESA a Hazard Prevention Plan specially designed for the contract works or service. If ENDESA does not approve this Plan, the CON- TRACTOR must modify it, and the Contract shall not take effect until such modification has been made according to ENDESA s directions.

13 Procurement ANNEX A Page 13 of 19 As a general guide, the specific Hazard Prevention Plan for the contract works or service that the CONTRACTOR must submit to ENDESA shall contain at least the following sections: - Purpose and sphere of application - Works or service to be performed: o Description of the works or service o Hazards foreseen: identification and, if applicable, assessment o Particularly dangerous hazards o Preventive measures and protection o Preventive planning for the work to be performed - Site of the works or service: o Description of the environmental conditions o Hazards foreseen: identification and, if applicable, assessment o Existence of particularly dangerous hazards o Preventive measures and protection - Work methods to be used in the performance of the works or service: o Hazards foreseen: identification and, if applicable, assessment o Particularly dangerous hazards o Methods for particularly dangerous tasks o Preventive measures and protection - Safety organization in the works or installation - Safety regulations applied ENDESA s revising of the CONTRACTOR s Hazard Prevention Plan does not release the latter from its legal obligations regarding the Prevention of Occupational Hazards. The CONTRACTOR must inform its staff before the start of the work of the content of the risk analysis for the various tasks included in the Hazard Pre-

14 Procurement ANNEX A Page 14 of 19 vention Plan. Each worker shall thus be informed of the description of the work to be performed, the chief stages thereof (described sequentially), the hazards identified in each stage and the preventive measures and personal and collective protection to be used, along with any additional safety instructions that may be required. Fulfilment of this requirement shall be certified in writing to the ENDESA Representative, with specification of the issues covered and the training staff and the signatures of the staff taking part Actions during the performance of the works or service General specifications The CONTRACTOR shall at all times observe and ensure that its staff observes all the regulations and measures for the prevention of occupational hazards required by legal provisions or recommended by prudence in order to prevent accidents, damages to third parties or the commission of criminal or administrative offences. The CONTRACTOR shall be solely and directly responsible for all this, even though ENDESA has the role and powers mentioned in this document. In particular, the CONTRACTOR undertakes to comply with all the measures for the prevention of occupational hazards and coordination of business activities indicated by ENDESA either in the technical specifications or conditions of the invitation for bids or in the Contract or Order, or in any other document made out prior to the start of the works and/or in the course thereof. The CONTRACTOR s Representative at the works or installation shall fulfil all requirements concerning health and safety at work and environmental protection with utmost care, and shall be liable for the discipline and orderly behaviour of its staff and, where applicable, that of its subcontractors. Moreover, for each stage of the works or service it shall previously analyse and study the work to be carried out so as to identify the inherent risks and to take suitable steps to eliminate or control them, and shall arrange inquiries into the facts and causes of any accidents and incidents that occur, proposing measures to eliminate, reduce and control such causes. Onsite safety service The CONTRACTOR shall establish a safety service as required by the works so that a Head of Safety is always present at the work site. This person s details and qualifications in the prevention of occupational hazards must be indicated to ENDESA before the start of the work or prior to any delegation of functions due to absences or changes in staff.

15 Procurement ANNEX A Page 15 of 19 Coordination of activities Where the CONTRACTOR s performance of the contract works or service involves activities in the presence of or in conjunction with other contractors, it must, in so far as the contract works or service is concerned, comply with what is provided in arts. 24 (as implemented in RD 171/2004) and 41 of the Law on the Prevention of Occupational Hazards, for the coordination of business activities and information on hazards for workers. Application and monitoring of the Hazard Prevention Plan As regards the application and monitoring of the Hazard Prevention Plan, the relations between the CONTRACTOR and ENDESA shall be governed by the legislation on the prevention of occupational hazards applicable at any one time, as well as good practice and experience in the type of works or service in question. To this end, the CONTRACTOR undertakes to work with ENDESA in so far as reasonably possible to protect the health and safety of workers. Thus: o The CONTRACTOR shall supply ENDESA with the name of the person in charge of safety for each task, along with details of his training in the field. o The CONTRACTOR shall perform a monthly check of safety materials and equipment, including platforms, scaffolding, protective devices, lifting equipment and accessories, etc., submitting a detailed report on the subject to ENDESA. This report shall be delivered at the start of the work and every month throughout the duration of the Contract or Order. The tools and working equipment used shall meet the corresponding safety standards, and in particular RD 1215/97 on Use of Working Equipment. Where necessary, the procedure for monitoring of the aforementioned working conditions may be revised by ENDESA. Particularly dangerous activities Where the contract works or service involves the performance of activities such as: o Elevated work; o Mining, digging or earthwork tasks; o Tasks involving the use of explosives; o Activities involving high-risk chemical products; o Work with electrical hazards;

16 Procurement ANNEX A Page 16 of 19 o and in particular, for the particularly dangerous activities defined in Annex I of RD 39/97 Prevention Service Regulations, or where applicable, Annex II of RD 1627/97 on Minimum Health and Safety Provisions in Construction Works, the CONTRACTOR s aforesaid Hazard Prevention or Safety Plan for the works or service shall define the preventive treatment to be applied in the works to such activities and hazards, and in all events shall comply with all the regulations and Royal Decrees applicable to the particularly dangerous hazards in the contract activity. Notice of accidents, incidents and hazards Whenever an accident occurs in its activities, even when no one is hurt, the CONTRACTOR is ineluctably obliged to report it to ENDESA s Representative at the works or installation, filling out either the accident statement forms pr o- vided by ENDESA or its own forms for this purpose. Furthermore, when required by ENDESA, the CONTRACTOR shall draw up an additional report, establishing the causes of the accident and the preventive measures to be adopted. When ENDESA starts an inquiry to investigate the causes of an accident, the CONTRACTOR shall be obliged to cooperate fully, providing any data and taking any steps that are requested of it. Any remarks relating to the Prevention of Occupational Hazards made by the ENDESA Representative at the works or installation must be immediately dealt with by the staff concerned, and when such remarks are prompted by non-compliance with pre-established standards or specifications, they may give rise to a penalty that shall be proportional to the seriousness of the fault. With a view to ongoing improvement in working and safety conditions, the staff involved in the contract work should make any suggestions to their superiors that they deem appropriate. Such suggestions shall be transmitted, by the communication procedure established in each case, to the ENDESA Repr e- sentative for the works or service. The actions to be taken as a result of this information shall be decided upon by the CONTRACTOR s Representative and where necessary they shall be submitted for the approval of the ENDESA Representative for the works or service Other particular provisions Overhaul and maintenance work Where the contract works or service includes maintenance activities to be performed habitually in generation or distribution centres (mechanical and electrical maintenance of installations, industrial cleaning, cleaning of buildings,

17 Procurement ANNEX A Page 17 of 19 etc.), ENDESA shall require the CONTRACTOR, prior to the start of the works, to submit a Hazard Prevention Plan for the performance of such activities. In this Plan the CONTRACTOR shall comply, as applicable, with the requirements set out in arts. 24 (as implemented in RD 171/2004) and 41 of the Law on the Prevention of Occupational Hazards, as well as with what is specified therein regarding particularly dangerous work. Where the CONTRACTOR is to take part in periodic overhauls and maintenance in ENDESA facilities, it shall be required to comply with an Activity Hazard Prevention and Coordination Plan (Hazard Prevention Plan for Unit Overhauls, Facilities Maintenance, etc.) affecting the various contractors involved in the work. ENDESA shall inform the CONTRACTOR of the safety standards and specifications to be complied with in this Plan, all of which shall be independent of compliance with the applicable legislation on the prevention of occupational hazards Construction works. Application of RD 1627/97 Where the works or service is affected by RD 1627/97 on Minimum Health and Safety Provisions in Construction Works, the CONTRACTOR shall comply with all of its requirements in so far as they are applicable. ENDESA shall include the mandatory Health and Safety Study in its invitation for bids. Pursuant to this Health and Safety Study, the CONTRACTOR shall draw up a Health and Safety Plan that shall be presented to ENDESA before the start of the work Temporary Employment Agencies Where ENDESA contracts out works or services involving workers with a temporary or limited-duration employment relationship, or staff from temporary employment agencies, such workers must enjoy the same levels of health and safety protection as the other ENDESA workers where the work is being carried out. Keeping in mind the above, when workers from temporary employment agencies are involved in the works or service, the CONTRACTOR shall comply, in relation to the duty of Social Security protection for such workers, with what is provided in art. 28 of the Law on the Prevention of Occupational Hazards. ENDESA shall inform the temporary employment agencies of the hazards to which their workers are to be exposed, of the need for particular occupational qualifications or skills, of the requirement for special medical check-ups or the existence of specific hazards in the posts that are to be occupied. The CON- TRACTOR shall ensure that the workers have sufficient and adequate training for the works or service to be carried out.

18 Procurement ANNEX A Page 18 of Self-employed workers Any self-employed workers providing contract services shall be regarded as employers for the purposes of the Regulations on the Prevention of Occupational Hazards. ENDESA shall require them to comply with Safety Plans, Standards and Procedures suited to the activity that they are to carry out Carriage of dangerous goods Where the CONTRACTOR must, pursuant to the Contract, transport materials considered dangerous by applicable law, it shall inform ENDESA of the identity of its Safety Advisor for the purpose of coordinating activities aimed at protecting health and safety Additional particular provisions According to the characteristics of the works or service to be carried out, ENDESA may require the CONTRACTOR to organize and plan the prevention of hazards (Plans, Standards, Safety Procedures, etc.) and to provide for the coordination measures that are legally required or that it considers appropriate to guarantee safety at all stages of the works or service. As a result of the above, ENDESA may require the CONTRACTOR to comply with other particular provisions for the Prevention of Occupational Hazards supplementing, replacing or optimising the aforesaid requirements. 4 NON-COMPLIANCE, PENALTIES AND LIABILITIES 4.1. General aspects Where ENDESA sees that the CONTRACTOR is not complying with the legally established or specifically required measures for the prevention of occupational hazards, the corresponding ENDESA Representative shall set a period for corrective action. If the CONTRACTOR does not make the necessary changes within the specified period, ENDESA may make good this noncompliance on the CONTRACTOR s behalf and at its expense, with no liability arising wherefrom for ENDESA. Situations that, in ENDESA s judgment, involve imminent danger must be corrected immediately. In the event that the circumstances described in the previous paragraph cause any delay in the completion of the work, the CONTRACTOR shall take the necessary steps to make up the delay and shall not be entitled to any extension of the agreed periods for completion. ENDESA may require the CONTRACTOR to take any necessary steps to prevent any reoccurrence of the breach of safety rules and specifications by the CONTRACTOR or its employees.

19 Procurement ANNEX A Page 19 of Failure to comply with Regulations on the Prevention of Occupational Hazards, of the Specific Prevention Plan for the works or service or of the Health and Safety Plan Fault rating criteria With regard to safety faults, ENDESA shall generally assess the CONTRAC- TOR s non-compliance according to the Law on the Prevention of Occupational Hazards and other implementing regulations. For this purpose, it shall take into account the seriousness of the occurrence, the number of workers exposed to hazards (possibility of a multiple accident) without the CONTRACTOR taking preventive measures, and any failure to comply with additional or replacement Hazard Prevention Plans required of the CONTRACTOR Penalties On the basis of the aforesaid criteria, the CONTRACTOR s failure to comply shall be deemed non-compliance of the Contract or Order and ENDESA shall consequently be entitled to take any of the following measures according to the seriousness of the non-compliance. - Verbal or written warning to the CONTRACTOR. - Total or partial stoppage of the work until the deficiencies are remedied. - Rescission of the Contract or Order in the event of repeated noncompliance or where the regulations infringed are considered essential for ENDESA, and are so in good practice. - Withdrawal of the CONTRACTOR s rating as a qualified ENDESA supplier.