Safety in Construction Contracts

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Safety in Construction Contracts

• Chapter 10

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Typical Minimum Requirements

• Compliance with Safety Regulations.

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• The Contractor shall observe all federal, state,
  and local laws and regulations. Attention is
  directed to the regulations of federal and state
  agencies.

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The Owner may restate the Mission Statement

• It is the commitment of this project and all
  parties involved with it to integrate safety in
  all construction activities.

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Extend the scope of safety to all aspects of the
project
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Contractor Requirements will be spelled out

• The Contractor shall be responsible for the
  safety of the Contractors employees, agents, and
  subcontractors.

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The Safety Commitment Begins Before Construction
Begins

• Preconstruction Checklist outlines the many
  aspects of project safety including OSHA
  requirements and various safety program elements.

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Contractors Safety Program

• Written program required that must be approved by
  the Owner.

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Construction Safety Requirements

• Safety inspections
• Safety meetings
• Safety reporting
• Drug testing
• Safety committees
• MSDS files.

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Requirements on Owner Premises

• More stringent than OSHA regulations
• May address hearing protection
• May address eye protection
• May mandate minimum training
• Drug testing.

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Hazard Analysis may be required

• Conduct hazard analysis before construction
  activities are performed
• Engineer the hazards out
• Reduce the hazard
• Reorganize the task
• Train workers to perform work safely.

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Safety Meetings

• Toolbox meetings
• Monthly job-wide meetings
• Meetings for supervisors
• Meetings for safety committee.

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Drug Testing

• Protocol may be carefully defined
• Prescreening
• Random.

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Subcontractor Compliance

• Subcontractors must comply with the same safety
  requirements as the general contractor.

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Jobsite Assessment

• Safety inspections
• Contractor to identify hazards
• Contractor to correct safety hazards
• Document actions.

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Owner Jobsite Inspections

• The owner may be active in project safety
• One aspect of this involvement may be to assess
  project safety through jobsite inspections.

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Inspection of the project site by Regulatory
Personnel

• The owner may stipulate how to respond to OSHA
  inspections
• The owner may wish to be notified immediately and
  given the opportunity to accompany the compliance
  officer.

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Failure of the Contractor to Comply

• Work may be suspended for serious violations
  until compliance is achieved
• Failing to correct hazards in a timely manner may
  result in non-compensatory delays.

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Emergency Plans

• Project Conditions will dictate the type of
  emergency plans.

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Accident Reporting

• Owners may require contractors to report injury
  accidents to the owner
• This may be extended to non-injury accidents
  involving damage to equipment or materials
• This may include near misses.

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Contractor Safety Officer

• The contractor may be required to assign a
  full-time safety representative to the project.

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Specific Requirements

• Confined Spaces
• Traffic Control.

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Indemnification

• Owner is protected from law suits because the
  general contractor will hold the owner harmless
• The general contractor have a similar provision
  in the subcontract agreement
• These do not enhance safety!!!!!!

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Incentives

• The owner may set aside a given sum of money to
  aggressively promote safety
• The contractor may be motivated to be more safe.

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Owner Involvement During Project Execution
Owner provides extra funds (outside of the
contract) to promote project safety
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Contractual Safety Requirements
Do they really impact safety performance?
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Contractual Safety Requirements
Contract requires at least one full time safety
professional on site
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Contractual Safety Requirements
Owner approves contractor safety professionals
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Contractual Safety Requirements
Contractor must provide specified minimum safety
training to workers Contractor must submit a
site-specific safety plan Contractor must submit
a safety policy signed by CEO
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Contractual Safety Requirements

• Leading Indicators
• Contractor must place at least one full-time
  safety representative on the project
• Contractor must submit the résumés of key safety
  personnel for the owners approval
• Contractor must provide specified minimum
  training for the workers
• Contractor must submit a site-specific safety
  plan
• Contractor must submit a safety policy signed by
  its CEO

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Contractual Safety Requirements
Number of leading indicators included in the
contract
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