DOE Contract DE-AC05-84ER40150
Modification 175
CLAUSE I.74 - DEAR 970.5204-2 INTEGRATION OF ENVIRONMENT,
SAFETY AND HEALTH INTO WORK PLANNING AND EXECUTION (JUN 1997)
(a) For the purposes of this clause,
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Safety encompasses environment, safety and health, including pollution
prevention and waste minimization; and
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Employees include subcontractor employees.
(b) In performing work under this contract, the Contractor shall perform
work safely, in a manner that ensures adequate protection for employees,
the public, and the environment, and shall be accountable for the safe
performance of work. The Contractor shall exercise a degree of care commensurate
with the work and the associated hazards. The Contractor shall ensure that
management of environment, safety and health (ES&H) functions and activities
becomes an integral but visible part of the Contractor's work planning
and execution processes. The Contractor shall, in the performance of work,
ensure that:
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Line management is responsible for the protection of employees, the public,
and the environment. Line management includes those Contractor and subcontractor
employees managing or supervising employees performing work.
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Clear and unambiguous lines of authority and responsibility for ensuring
ES&H are established and maintained at all organizational levels.
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Personnel possess the experience, knowledge, skills, and abilities that
are necessary to discharge their responsibilities.
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Resources are effectively allocated to address ES&H, programmatic,
and considerations. Protecting employees, the public, and the environment
is a priority whenever activities are planned and performed.
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Before work is performed, the associated hazards are evaluated and an agreed-upon
set of ES&H standards and requirements are established which, if properly
implemented, provide adequate assurance that employees, the public, and
the environment are protected from adverse consequences.
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Administrative and engineering controls to prevent and mitigate hazards
are tailored to the work being performed and associated hazards. Emphasis
should be on designing the work and/or controls to reduce or eliminate
the hazards and to prevent accidents and unplanned releases and exposures.
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The conditions and requirements to be satisfied for operations to be initiated
and conducted are established and agreed-upon by DOE and the Contractor.
These agreed-upon conditions and requirements are requirements of the contract
and binding upon the Contractor. The extent of documentation and level
of authority for agreement shall be tailored to the complexity and hazards
associated with the work and shall be established in a Safety Management
System.
(c) The Contractor shall manage and perform work in accordance with
a documented Safety Management System (System) that fulfills all conditions
in paragraph (b) of this clause at a minimum. Documentation of the System
shall describe how the Contractor will:
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Define the scope of work;
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Identify and analyze hazards associated with the work;
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Develop and implement hazard controls;
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Perform work within controls; and
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Provide feedback on adequacy of controls and continue to improve safety
management.
(d) The System shall describe how the Contractor will establish,
document, and implement safety performance objectives, performance measures,
and commitments in response to DOE program and budget execution guidance
while maintaining the integrity of the System. The System shall also describe
how the Contractor will measure system effectiveness.
(e) The Contractor shall submit to the Contracting Officer documentation
of its System for review and approval. Dates for submittal, discussions,
and revisions to the System will be established by the Contracting Officer.
Guidance on the preparation, content, review, and approval of the System
will be provided by the Contracting Officer. On an annual basis, the Contractor
shall review and update, for DOE approval, its safety performance objectives,
performance measures, and commitments consistent with and in response to
DOE's program and budget execution guidance and direction. Resources shall
be identified and allocated to meet the safety objectives and performance
commitments as well as maintain the integrity of the entire System. Accordingly,
the System shall be integrated with the Contractor's business processes
for work planning, budgeting, authorization, execution, and change control.
(f) The Contractor shall comply with, and assist the Department of Energy
in complying with, ES&H requirements of all applicable laws and regulations,
and applicable directives identified in the clause of this contract on
Laws, Regulations, and DOE Directives. The Contractor shall cooperate with
Federal and non-Federal agencies having jurisdiction over ES&H matters
under this contract.
(g) The Contractor shall promptly evaluate and resolve any noncompliance
with applicable ES&H requirements and the System. If the Contractor
fails to provide resolution or if, at any time, the Contractor's acts or
failure to act causes substantial harm or an imminent danger to the environment
or health and safety of employees or the public, the Contracting Officer
may issue an order stopping work in whole or in part. Any stop work order
issued by a Contracting Officer under this clause (or issued by the Contractor
to a subcontractor in accordance with paragraph (i) of this clause) shall
be without prejudice to any other legal or contractual rights of the Government.
In the event that the Contracting Officer issues a stop work order, an
order authorizing the resumption of the work may be issued at the discretion
of the Contracting Officer. The Contractor shall not be entitled to an
extension of time or additional fee or damages by reason of, or in connection
with, any work stoppage ordered in accordance with this clause.
(h) The Contractor is responsible for compliance with the ES&H requirements
applicable to this contract regardless of the performer of the work.
(i) The Contractor shall include a clause substantially the same as
this clause in subcontracts involving complex or hazardous work on site
at a DOE-owned or -leased facility. Such subcontracts shall provide for
the right to stop work under the conditions described in paragraph (g)
of this clause. Depending on the complexity and hazards associated with
the work, the Contractor may require that the subcontractor submit a Safety
Management System for the Contractor's review and approval.
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