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3420
ES&H Aspects of Procured Services and Construction |
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Introduction
Jefferson Lab, in its role as a federal
contractor, subcontracts for many tasks on site. These include construction,
repair, service, and preventive maintenance activities. We also occasionally
use subcontract labor on specific projects. It is essential that our
subcontractors perform to our high expectations for health, safety, and environmental
stewardship. In general, subcontractor employees are required to observe the
same ESH&Q precautions as Jefferson Lab employees. Additional specific
procedures or requirements may apply to particular subcontracts—this includes
the use of environmentally friendly products and practices required in the
performance of their tasks. This chapter describes how these expectations are
integrated into the procurement and management of subcontractor activities.
It is equally important that we evaluate
prospective subcontracted projects for ESH&Q implications. This should be
done in the earliest phases of planning and design to avoid personnel and
environmental hazards during the project. We also need to examine proposed
activities for long-term liabilities. This chapter describes the ESH&Q
review process for procured services and construction. A similar process for
the procurement of materials is provided in ES&H
Manual Chapter 3410 ESH&Q Aspects of Material Acquisitions.
In addition to other requirements for
subcontractors to perform work on the Jefferson Lab site safely, the following
requirements shall apply. The subcontractor shall furnish to Jefferson Lab, for
approval, an Integrated Safety Management Plan under any of the following
situations:
·
subcontracts for $20M or more for work to be performed on site
·
renewable subcontracts for $5M or more per year for work to be
performed on site
· contracts which have a
scope of work on site not fully covered by Jefferson Lab’s Final Safety
Assessment Document
The
required elements of the plan shall be the same as those required of the
laboratory. Schedules and guidance for providing the plan shall be provided to
potential subcontractors at the time bids or proposals are solicited. The
Subcontracting Officer’s Technical Representative for the contract shall be
responsible for approving the plan.
Key Terms
affirmative procurement The
acquisition of products determined to be environmentally friendly. This
includes products that have recycled content or are bio-based products.
bio-based product A commercial or
industrial product (other than food or feed) that utilizes biological products
or renewable domestic agricultural (plant, animal, or marine) or forestry
materials.
customer (For the purposes of
this chapter.) The Jefferson Lab manager who has signed or
approved a requisition for a procured service.
integrated safety management (ISM) An approach where safety accountability and performance are woven
into all aspects of work planning, design, and conduct.
life-safety Features of building
construction and operations which ensure safe egress and which minimize the
risk to occupants from fire and explosion. National consensus codes define
life-safety provisions and practices.
lower-tier subcontractors All
additional subcontractors performing work on site for and under the direction
of a business that is under contract with Jefferson Lab.
managing division The Jefferson Lab
division which has daily operational control over the subcontractor’s
operations. This includes control over quality, performance, adherence to
technical and ESH&Q specifications, and authorization for payment.
safety plan An official, binding
document prepared by a subcontractor, bearing the signature of a responsible
manager of the subcontracting company, that defines the ESH&Q practices and
responsibilities necessary to conduct operations on Jefferson Lab property in a
safe and environmentally sound manner. Safety plans must be augmented by
specific activity hazard analyses where required.
subcontractor A business entity
under contract with Jefferson Lab to perform specified operations or services.
subcontracting officer’s technical representative (SOTR) A knowledgeable Jefferson Lab employee assigned to the subcontract. The SOTR ensures subcontractor conformance with technical specifications, ESH&Q requirements, and serves as the primary liaison between the subcontractor and Jefferson Lab.
Hazard Avoidance
Hazards to Subcontractor
Employees
Subcontracted work activities can entail all of the potential
hazards that confront Jefferson Lab employees and other site visitors. The main
distinction (and area of greatest concern) is that subcontractor employees may
not have adequate requisite recognition skills for hazards found at Jefferson
Lab which are unusual elsewhere. For this reason, Jefferson Lab-conducted
awareness training is mandatory for all subcontractor workers who may be
exposed to hazards found here.
Operational Hazards to
Jefferson Lab Employees
It is possible for a customer to identify an operational need,
envision a solution, initiate the procurement process, and take delivery of a
finished product with serious, unforeseen ESH&Q implications. Jefferson Lab
has experienced situations where the subcontractor activity itself posed
problems. There have also been situations where long-term ESH&Q liabilities
were created by a project. These include inappropriate use of a space with
respect to fire codes, insufficient electrical services for the intended
operation, and inadequate exhaust ventilation. To prevent these kinds of
problems, it is important for informed ESH&Q staff to
participate in planning of all projects and operations which are to be
subcontracted.
If you witness a subcontractor creating an imminent danger, issue
a stop-work order on the spot, as prescribed by ES&H Manual Chapter 3330 Stop-Work Orders.
If you witness a subcontractor performing work in an unsafe
manner, attempt to notify the SOTR immediately (call Facilities Management at
ext. 7400). If you cannot locate the SOTR or ESH&Q staff who can resolve
the problem, use the ESH&Q concern resolution process provided in ES&H Manual Chapter 2310 ES&H Concern Resolution.
Environmental Hazards
& Liabilities
It is important that subcontractors know of our expectations for
sound environmental work practices. Issues such as chemical emissions, waste
disposal, spill prevention, and erosion control must be addressed in
specifications and written scope of work. These should be emphasized in pre-bid
and pre-work meetings, and they must be monitored as part of regular
subcontract performance oversight.
Typical Potential Hazards:
Introduction of new hazardous materials onto Jefferson Lab
properties:
·
The contractor must have a copy of the MSDS for each material and
provide a copy to the SOTR.
·
Erosion control measures should be implemented for projects involving
excavation.
·
Waste materials must be disposed of appropriately in either the
trash or by recycling:
o
Contractors should be encouraged to recycle whenever
possible.
o
Contractors should be encouraged to purchase goods made from
recycled materials whenever feasible.
·
Potential for groundwater contamination.
·
Use of any Ozone Depleting Substances (ODSs) during construction
(contact ESH&Q if ODSs are being used).
·
Conservation of water and energy resources should be implemented
whenever possible.
Prior to large scale construction projects, a NEPA review will be
performed to identify all potential Environmental Impacts the project may
impose. The review will also address acceptable control methods to be used to
mitigate impact. It is important that all of these controls are addressed in
specifications and scope of work.
Responsibilities
Customer
Customer’s Division
ESH&Q Staff
Managing Division/SOTR
Business Services
Director
Subcontracting Officer
Initial
Subcontract Review Procedures
Customer (the
Requisitioning Jefferson Lab Manager)
Services procured from subcontractors include repair, labor, new
equipment installation, environmental monitoring, fabrication projects,
renovation of existing space, new construction and so on. The process is
essentially the same in all cases. Before you, as customer, submit a
requisition, follow this procedure:
1.
Use the one-page evaluation list—ES&H
Manual 3420 Appendix T1 ESH&Q
Evaluation of Proposed Subcontracted Activities. Will the proposed
activity have any of these aspects? If there are
life-safety issues involved, contact Facilities Management.
2.
Use the risk/hazard evaluation techniques prescribed in ES&H
Manual Chapter 3210 Hazard Identification and Characterization.
Note the resulting risk code prominently on the requisition.
3.
Consult your division ESH&Q staff for recommendations about
specifications, the scope-of-work description, and other preliminary project
documentation.
4.
If you will not be the project manager, consult with the
appropriate person in the managing division to ensure the ESH&Q
expectations are well stated and enforceable.
When you approve the requisition, this attests to your good-faith
efforts in evaluating the activity for ESH&Q implications.
ESH&Q Staff (Customer
Division)
Back up the customer’s review of proposed subcontracted
activities. Consider both immediate and long-term ESH&Q implications. If a
project has aspects unfamiliar to you, consult with other laboratory resources
to get an accurate understanding of potential problems.
Inform the customer of the risks you believe need mitigation.
Recommend mitigation strategies as appropriate.
Make recommendations to the customer in a useful format.
This may include marked-up drawings and specifications, new draft
specifications, detailed sequence of work, references to Jefferson Lab
ESH&Q Manual, codes or standards, required permits, etc. Give recommendations
on requirements for the subcontractor's safety plan, including any specific
hazardous activity analysis and control strategies. In cooperation with the
SOTR and the Business Services Department, determine if the project warrants
some form of subcontractor pre-qualification, credentials, or demonstrated
competency.
Managing Division/SOTR
To the greatest extent practicable, use normal design review and
approval processes to address ESH&Q aspects. Invoke the appropriate
ESH&Q clauses into the project specifications. Ensure that expectations for
ESH&Q performance are integrated into the project in an effective and
enforceable way. Include special project management tools into the
specifications whenever needed.
Specifications beyond the standard requirements should be tailored
to the job. Examples include:
· Protective measures
for people or equipment in the vicinity
· Advance work-start
notice
· Pre-approval by
Jefferson Lab of chemicals or apparatus
· Training,
qualification required beyond ESH&Q orientation and GERT
· Requirements for
permits, certifications, or proof of special credentials
· Special work hours
· Incentives and
penalties
Procurement
Department
Incorporate standard Jefferson Lab ESH&Q specifications into
the bid package as prepared by the SOTR. Include activity-specific requirements
as provided by the customer and/or managing division. Schedule and conduct pre-bid
and pre-work meetings with the subcontractor, customer, SOTR, Procurement
Department representative, and ESH&Q staff from the customer's division.
Inform the SOTR of the option to include incentives and penalties
for ESH&Q performance and ensure a decision is made on the appropriateness
of this strategy for the work being subcontracted.
Subcontract Management Procedures
Managing
division/SOTR
Use pre-bid and pre-work meetings with subcontractors to state
Jefferson Lab ESH&Q expectations clearly. Inform subcontractors of our
training requirements, job-specific submittals, stop-work procedures, and any
other project management tools in effect for the activity.
Provide sufficient direct oversight of subcontractors to ensure
compliance with ESH&Q requirements. Be especially attentive in the early
phases of an activity. Ensure subcontractor personnel receive required
Jefferson Lab training before starting work. If advance notice of work-start
was required, insist on its observance. Inform ESH&Q staff and Area Safety
Wardens who need to know about start-up of potentially hazardous work.
Consult with customer’s division ESH&Q staff whenever you have
concerns about safe practices. Intervene quickly if you believe there is a
problem. Document all observations of ESH&Q deficiencies (and also
noteworthy proficiencies). Confer with Jefferson Lab procurement staff if you
have questions or concerns about subcontractor performance.
Ensure that the subcontractor and subcontractor employees are
aware of safety concern hotlines and reporting mechanisms.
Advance notice of
work-start
Some activities pose a higher-than-normal degree of hazard
potential. It is important that key Jefferson Lab personnel—SOTR and selected
ESH&Q staff—get sufficient prior notice of these jobs to schedule
observation of the work. These activities include, but are not limited to:
·
•Work aloft
·
•Excavation
·
•Confined-space entry
·
•Fire hazard work
·
•Work on energized electrical equipment
·
•Use of motorized cranes
·
Use of flammable or toxic materials inside buildings
Specifications for subcontracted activities shall include
requirements for the subcontractor to provide not less than 24 hours advance
notice of these operations. This notification must be given directly to the
SOTR, who must give consent to the operation.
The SOTR shall promptly inform the appropriate individuals who
need to be aware of the activity or who may need to inspect the work site.
This is normally a one-time notification unless the SOTR
specifically directs the subcontractor to provide subsequent advance notice of
potentially hazardous phases of work.
Subcontractor Safety
Plans
Safety plans are required for all service subcontractors working
on site. They are also required for all construction and on-site fabrication
activities with an estimated cost of $100,000 and above. Regardless of dollar
value, a safety plan is required for any activity that has an
anticipated Risk Code of 2 or greater (see ES&H
Manual Chapter 3210 Hazard Identification and Characterization),
or that has a need for special worker protection measures.
Basic required safety plan elements are listed in Jefferson Lab’s standard service and construction specifications. Any hazardous element of a project mu