Environmental Health & Safety Requirements for Master Agreement of Services

Transcription

1 Envirnmental Health & Safety Requirements fr Master Agreement f Services If Cntractr emplyees will perfrm Services n any Michelin premises, Cntractr must cmply with the fllwing requirements: Cmply with all Envirnmental Health and Safety ( EHS ) regulatry requirements, maintain all regulatry required recrds, and make them available t Michelin upn request. Maintain and cmply with an EHS Plan that, at a minimum, cntains the fllwing cmpnents: written EHS prgram and plicies ( EHS Plan ), including a plicy specific t envirnmental cncerns; meet r be lwer than their industry average fr applicable injury indicatr; cntain an incident investigatin prcess; cntain a task hazard assessment prcess; require emplyee EHS training; require regular emplyee EHS meetings; cntain EHS related indicatrs; and cntain a training validatin prcess. Cntractr s EHS Plan, and any supplemental EHS infrmatin questinnaires as may be apprpriate, shall be submitted t a Michelin EP representative r t a third party as may be directed by Michelin. Michelin reserves the right t audit Cntractr s EHS Plan requirements and may require dcumentatin and/r prf f cmpliance. Cntractr must ntify Michelin s EP site representative f any changes t the minimum required cmpnents f its EHS Plan prir t implementatin n any Michelin premises. Cmply with the Michelin Premises-specific EHS requirements (EP Management System Instructins). Cmply with all Lcal, State, and Federal regulatry requirements including, but nt limited t, NFPA standards, lcal fire cdes, and OSHA, EPA and State Envirnmental and Safety regulatins. Meet required training needs and maintain training recrds, including initial and regulatry required refresher EHS training. These recrds shuld be made available t Michelin upn request. Dcumentatin f any required training fr Cntractr emplyees must be presented by Cntractr prir t initial entry nt any Michelin premises and may be required peridically, thereafter. Specifically, if applicable, Cntractr will be asked t demnstrate that the fllwing training has been cnducted: Lckut Tagut Tryut Electrical Safety Hazardus Cmmunicatin Cnfined Spaces Fire Extinguisher Training Respiratry Training Persnal Prtective Equipment Frklift, lifts and ther mbile equipment certificatin Hearing Cnservatin Ergnmics Ensure the safe cnduct f Cntractr emplyees, including supervisrs, while n any Michelin premises. Fllw applicable Michelin prtcl fr initial medical examinatins r mnitring that may be required at a Michelin premises, unless prhibited by law. Furnish Cntractr emplyees with the required persnal prtective equipment and ensure the use f that equipment while n any Michelin premises. Revised 03/2018 Page 1

2 Ensure a system is in place t prvide apprpriate medical care t Cntractr emplyees in the event f injury. Require Cntractr emplyees t reprt all serius criminal charges t management fr Cntractr. The term serius criminal charges is defined as crimes fr which the emplyee culd be sentenced t prisn and invlves unethical and/r dangerus behavir, drugs, r intentinal vilence. Under this requirement, Cntractr must infrm Michelin when Cntractr becmes aware f any such cnvictins, unless prhibited by law. Infrm Michelin f any emplyee injury r knwn significant near miss that ccurs n any Michelin premises. Prvide statistical injury reprt infrmatin, including any regulatry agency reprting requirements (i.e. OSHA lgs), and/r ther applicable injury/incident recrds t Michelin s EP site representative n a mnthly basis. Cntractr shall appint a Safety Representative at each Michelin site in which Cntractr is prviding Services. The Safety Representative will be respnsible fr the fllwing: Cmplete Task Hazard Assessments and Risk Preventin Plan befre and after all Services, per the applicable Schedule, are perfrmed n any Michelin premises. Cntractr may use its wn frm t cmplete these assessments r, if requested, Michelin can prvide Cntractr with a generic frm t use. Ensure the Risk Preventin Plan is crrectly applied during the term f the Agreement and while Cntractr is prviding Services under this Agreement. Ensure the fllwing prvisins and infrmatin are recrded in the Risk Preventin Plan: full list f pssible risks and their assciated safety preventin devices; list f Cntractr and sub-cntractr emplyees n-site; and list f persns in charge f the implementatin f identified risk cntrl mechanisms. Organize and crdinate tasks required t cntrl Cntractr s Services and its risks, ntably: Define Cntractr emplyees individual tasks; Crdinate with Michelin s EP site representative n hw Services are t be perfrmed and t plan meetings, inspectins and audits f Cntractr Services as needed; Ensure all site instructins applying t the Services, including, but nt limited t, the fllwing, are cmplied with: fire hazards, including ht wrk permits; training; cnfined space requirements; prhibitin f altering safety devices; equipment and energy cnsignment (LOTOTO); wrking at heights/fall prtectin; traffic rules and traffic flw rutes; envirnmental risk preventin; and reprting prcedures fr near misses, injuries, and incidents. Understand and implement, if necessary, the site s emergency respnse and evacuatin plan. Educate Cntractr emplyees n such emergency respnse and evacuatin plan. Specify measures/prtcls fr Cntractr equipment strage, vehicle parking, and sanitary facilities. Remain actively invlved in the Services perfrmed by Cntractr, and cmmunicate rutinely with Michelin emplyees and any subcntract emplyees under Cntractr s directin thrughut the term f the Agreement. Revised 03/2018 Page 2

3 Ensure Cntractr s, and any subcntract cmpanies under Cntractr s directin, equipment t be used n any Michelin site is in gd cnditin and cmplies with the given Michelin, lcal, State, and Federal requirements (including traceability f regulatry inspectins) and is nly used by authrized and certified, if a certificatin is required, persns. Ensure cmpliance with Michelin Premises-specific EHS requirements (EP Management System Instructins). Immediately ntify Michelin s EP site representative, in writing, f identified EHS hazards which are nt under Cntractr s cntrl t remediate. Prvide Michelin with cpies f Safety Data Sheets fr all prducts that will be used n any Michelin premises prir t bringing them nt the site. Michelin has the right t refuse entry f any prduct nt a site as a result f a SDS review r require alternative prducts. All chemicals must be labeled in cmpliance with all State and Federal regulatins. All such materials must be remved frm any Michelin premises befre the cntract is cnsidered cmplete. Require Cntractr emplyees t participate in industrial hygiene sampling while wrking at any Michelin premises if requested by Michelin s EP Central Management. All Cntractr emplyees that participate in the industrial hygiene sampling prgram will receive a letter indicating the sampling results. The letter will be addressed t Cntractr. Cntractr will be respnsible fr prviding the individual emplyee with this letter stating the results f the sampling. Michelin will maintain the riginal data frm their industrial hygiene sampling. A cpy f Michelin s industrial hygiene sampling prgram will be prvided at Cntractr s request. Infrm Michelin s EP site representative f all regulatry inspectins and/r any requests fr EHS infrmatin invlving any Michelin premises. Reprt any and all hazardus materials fund n r wrked with n any Michelin premises t Michelin s EP site representative. These materials must be handled in cmpliance with applicable lcal, State and Federal regulatins. All mbile equipment brught n site by cntractrs shall: Meet all regulatry and manufacturer requirements fr that mbile equipment have current inspectin certificatins (annual r mre frequent) indicating the equipment has been inspected by a trained and qualified individual. All persnnel perating equipment shall be trained n its use. If mbile equipment certificatins are required by regulatin (i.e. Certified Crane Operatr), certificatin recrds will be available fr review. Cmply with Michelin s plicy n Use f Michelin Equipment: Cntractr shall nt be permitted t use Michelin equipment unless Michelin specifically apprves, in its sle discretin, the use f such equipment befre Cntractr intends t use it. Use f Michelin equipment is nly in exceptinal instances. When s apprved, the specific use and equipment must be identified in the Services descriptin in the applicable Schedule and in the Risk Preventin Plan. N Michelin equipment shall be used by Cntractr that is nt specifically identified in the Risk Preventin Plan. Befre such equipment can be used by Cntractr, Cntractr must request that Michelin recrd the cnditin f the equipment and Cntractr shall prvide Michelin with assurance that thse Cntractr emplyees wh will perate the equipment have been prperly trained and certified, if necessary. Once Michelin has been prvided this infrmatin and the cnditin f the equipment has been recrded, the equipment will be cnsidered checked ut by Cntractr. Cntractr is respnsible fr inspecting the cnditin f the equipment, ensuring the equipment has all necessary safety devices, and ensuring prper peratin by authrized and certified persns. By checking ut the equipment t Cntractr, Michelin des nt Revised 03/2018 Page 3

4 warrant the equipment is fit fr use r fr any particular purpse. Cntractr is slely respnsible fr the selectin f the equipment and assurance f its safety. Cntractr shall nly use the equipment fr its intended purpse and use. Michelin reserves the right t require that Cntractr have additinal insurance, as may be required, befre it is allwed t use such equipment. Operatin and use f the equipment shall be managed by Cntractr when the equipment is checked ut by Cntractr. Cntractr must keep the equipment in the cnditin it was received frm Michelin, nrmal wear and tear excluded, and shall be respnsible fr any csts related t its use and its maintenance while checked ut by Cntractr. Cntractr shall nt transfer its right t use the equipment t any ther third party cntractr. Fllwing use f the equipment by Cntractr and upn return t Michelin, Cntractr must request that Michelin check the cnditin f the equipment and recrd any damage dne t the equipment while in Cntractr s pssessin. Fllwing this check, the equipment will be cnsidered checked back in by Cntractr. Under n circumstance shall Cntractr remve Michelin equipment frm any Michelin premises. Cntractr assumes all risk f lss, destructin r damage t Michelin equipment, even if by accident r an Act f Gd, when it is checked ut by Cntractr. In the event Michelin equipment is lst, destryed r damaged while in Cntractr s pssessin, Cntractr, at Michelin s ptin, will repair r replace the equipment at its wn expense r pay Michelin the value f the equipment. Cntractr shall indemnify Michelin, its emplyees, agents and representatives (cllectively Michelin ) frm and against any and all claims, csts, damages, injury, liability, lsses r cmpensatin, including attrneys and ther legal fees, charges r expenses, whether fr injury t persns, damage t prperty r therwise, made against r suffered r incurred by Michelin as a result f Cntractr s use f Michelin equipment. Cntractr expressly releases Michelin, its emplyees, agents and representatives (cllectively Michelin ) frm any liability, and agrees t hld Michelin harmless, in cnnectin with the use r pssessin f the equipment. This release is fr any and all liability fr persnal injuries (including death) and prperty lsses r damage ccasined by, r in cnnectin with the use r pssessin f the equipment. Michelin may request executin f an Agreement t Brrw Equipment and Release f Liability befre any equipment can be used by Cntractr. Asbests Related Services Services which invlve asbests-cntaining materials must be cnducted by an asbestslicensed cntractr. Cntractr nt specifically tasked with asbests remval cannt remve any asbests-cntaining materials r subcntract the remval f asbestscntaining materials. Shuld asbests r materials ptentially cntaining asbests be encuntered while perfrming Services, Cntractr must stp Services immediately and infrm Michelin s EP site representative s prper actins can be taken. Cntractr shall nt bring any asbests-cntaining materials int any Michelin premises withut prir ntificatin and apprval by Michelin s EP site representative. Cntractr shall nt bring any hazardus materials int any Michelin premises withut prir ntificatin and apprval by Michelin s EP site representative. Cntractr shall remve its waste frm Custmer s premises and recycle such waste, if pssible. Revised 03/2018 Page 4

5 Cnsulting/cntracting services that d nt require significant risk expsure Individual cnsultants and cntractrs, r small firms that will be prviding cnsulting/cntracting services that d nt require significant risk expsure, may be exempt frm prviding sme f the preliminary infrmatin required abve. Generally, cnsulting/cntracting services that d nt require significant risk expsure means that they will: nt be cnducting physical/manual wrk in the plants r facilities be limited t wrking in an ffice/cnference rm envirnment have very specific and defined tasks will be escrted by a cmpany representative simply bserving activities and/r ffering cnsulting input nt be laying hand n equipment, climbing ladders, turning wrenches, pulling wire, changing light bulbs, replacing electrnic cmpnents in cmputer rms, r similar tasks Determinatin f whether r nt the service des nt require significant risk expsure will be determined by the Michelin Site EP manager. The fllwing requirements must be included in specificatins prvided t Purchasing fr the purpse f bidding and subsequently cntracting services: An EHS plan that meets Michelin s requirements will nt be required fr cntractrs/cnsultants perfrming these specific types f tasks. Hwever, the assciated supplemental EHS infrmatin questinnaire must be submitted, and accepted by the Michelin s site EP Manager. This review must be cmpleted during the pre-qualificatin stages fr a cntractr. Michelin EP management (site r central) have the right t refuse t accept cntractr, based n results f this review. A letter frm the cnsultant/cntractr including the fllwing, at a minimum, must be prvided : a statement f the specific, limited scpe f the task(s) t be perfrmed a cnfirmatin that they will cmply with all Michelin identified requirements, as prvided t them by their Michelin Site cntact a cnfirmatin that they will be respnsible t ensure that any persnnel under their directin will als cmply a cnfirmatin that they understand that the Michelin site representative will determine what Michelin-specific safety infrmatin and rientatin will be prvided, including any necessary training, and that they will receive and cmply with that infrmatin/training. that if their task(s) rles change during the curse f the prject t include activities utside f this limited exemptin, they will be required t meet all applicable requirements Revised 03/2018 Page 5

6 while cnducting their tasks at Michelin, they will cmply with all applicable Lcal, State, and Federal regulatry and legal requirements they understand and agree that n cntractr may bring any asbests-cntaining materials nt a Michelin site withut prir ntificatin and apprval by the Michelin plant EP department, and that n cntractr may bring any hazardus materials nt a Michelin site withut prir ntificatin and apprval by the Michelin plant EP department. Failure t cmply with the requirements set frth in this Sectin shall give rise t an immediate right f terminatin f this Agreement, and/r any Schedule(s) executed pursuant t this Agreement, by Michelin. Revised 03/2018 Page 6