Department of Defense Voluntary Protection Programs Center of Excellence Development, Validation, Implementation and Enhancement for a Voluntary Protection Programs Center of Excellence (VPP CX) Capability for the Department of Defense Department of Defense Voluntary Protection Programs Center of Excellence Contractors VPPPA Conference Development, Validation, Implementation and Enhancement for a Voluntary Protection Programs Center of Excellence (VPP CX) Capability for the Department of Defense

What Does OSHA Say? The CSP mentions contractors in 3 ways: –Nested contractors (supervised by site personnel) –Applicable contractors (work 1,000 hours or more in any quarter during the last 12 months) –Contractors (type not specified).

What Does OSHA Say? Requirements for “contractors” or “all contractors”: –Must follow the safety and health rules of the host –Contractor employees must be made aware of: The hazards of worksite How to recognize hazardous conditions and signs/symptoms of workplace-related illnesses and injuries. Hazard controls and safe work procedures. Emergency procedures. Site safety and health goals/objectives and the policies and procedures that indicate how to accomplish them VPP (“have the VPP explained to them”) Their rights under the OSH Act.

What Does OSHA Say? Requirements specific to applicable contractors: –Maintain TCIR/DART data for worked performed at the site –Documented oversight and management system: Ensure safety and health considerations are addressed during contractor selection and performance of work Encourage contractors to have effective safety and health management systems. Timely identification, correction, and tracking of hazards Provision to remove for safety or health violations –Must be able to demonstrate an understanding of VPP fundamentals.

What Does OSHA Say? Requirements specific to nested contractors: –Include contractor injuries in host’s injury/illness rates.

What Does the VPP CX Say? (#9, #12, #21, #28) Contract workers are made aware of the site’s S&H mission/policy statements, goals/objectives, and their responsibility for helping to achieve site goals.

What Does the VPP CX Say? (#46 - #54) Written contractor oversight/management system includes: –Consideration of contractor injury/illness rates and safety performance during the contractor selection process –Submission of contractor injury/illness data to the site –Oversight to ensure contractor S&H compliance –Disciplinary procedures for noncompliance –Provisions for identification/ correction/ control/ tracking of hazards under the contractor’s control –Appropriate training of personnel assigned to monitor contractor S&H performance.

What Does the VPP CX Say? (#55, #56, #57) Sound working relationships have been established with contractors to encourage open communications, hazard reporting and correction, and participation in safety and health meetings/activities.

What Does the VPP CX Say? (#241, #242, #243) A process is in place to ensure contractor employees are aware of: –Rights under the OSH Act –Site participation in VPP, and VPP requirements that apply to the contractor –How to recognize hazardous conditions and signs/symptoms of workplace related illnesses –Site PPE requirements –Emergency procedures.

OSHA Emphasis Shift Increased focus on compliance in general Numerous compliance hits in On-site = No Star/Merit Extends to contractors “working under your roof” –Even if they are not “your” contractors Clear ability to respond quickly to contractor hazards and noncompliance is key –Must build into contracts up front –CORs provide reasonable oversight –Safety Office spot checks –Contracting Officers handle problems quickly.

The Dilemma DODI , DoD Safety and Occupational Health Program “This instruction does not apply generally to DoD contractor personnel and contractor operations... the contractor is responsible directly to Federal or State OSHA for the safety and health of contractors' employees.” VPP Federal Register Notice of July 24, 2000 “Managers must provide visible leadership in implementing the program. This must include ensuring that all workers at the site, including contract workers, are provided equally high quality safety and health protection.”

We Can’t Do It -- But We’re Already Doing It! Air Force –VPP Implementation and Contracting Activities (April 09) Navy –NAVFAC Inst J – NAVFAC Safety and Health Program Army –EM , Safety and Health Requirements Manual.

We Can’t Do It -- But We’re Already Doing It! Quick Glance: –Contractor safety plans, approved by the government –Contractor selection factors (injury rates, OSHA citations, etc.) –Training of CORs –Periodic oversight contractor worksites/operations –Reporting/Investigation of contractor mishaps –Contractor hazard abatement system –Training of contractor employees –Safety meetings –Work stoppage.

Air Force VPP Contracting Guide The contracting officer shall include in the solicitation a requirement for offerors to submit their 3-yr TCIR and DART rates as part of their proposal. The TCIR and DART rates will be considered during the contractor selection process.

Air Force VPP Contracting Guide The TCIR and DART rates are compared to the most recently published Bureau of Labor Statistics (BLS) national average for the Standard Industrial Classification code (SIC) or North American Industrial Classification Systems (NAICS) code for the applicable industry, as identified in the solicitation. Where feasible, consider including these rates as a stand-alone source selection factor or as an element of the past performance evaluation assessment.

Air Force VPP Contracting Guide Generally, requirements documents will include: –The VPP URL, and direct offerors to the web site to ensure they understand VPP –A requirement for the applicable contractor to submit a safety and health plan. The plan shall be made available to the installation safety office for acceptance prior to contract performance –A requirement for CORs to assess the contractor for compliance with their health and safety plan, to include mishap reporting.

Air Force VPP Contracting Guide Generally, requirements documents will include (con’t): –A requirement to submit contractor TCIR/DART rates and OSHA Form 300A to the contracting officer by the 15 th of January of each year –A requirement for the contractor’s QC Plan to identify procedures the contractor will use to track compliance with their Safety and Health Plan, and to correct violations.

Air Force VPP Contracting Guide The contractor shall: –Comply with the specific health and safety requirements identified in this PWS, as well as OSHA; –Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this PWS; –Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this requirement; and –Take additional immediate precautions identified by the contracting officer for health and safety purposes.

Air Force VPP Contracting Guide Violations of these health and safety rules and requirements are to be promptly corrected as directed by the contracting officer. Failure to correct will be grounds for termination of the contract.

Army Corps of Engineers EM Applies to construction contracts under the provisions of FAR Clause , and to service, supply, and R&D contracts unless technical and S&H representatives advise that special precautions are not appropriate due to extremely limited scope of services 1045 pages total - provides for “abbreviated” accident prevention plans for smaller contracts Often used/referenced by other services.

Provisions include: –Accident prevention plans, approved by the government –Position hazard analyses, reviewed with all affected employees –Frequent/documented worksite safety inspections –Hazard/deficiency documentation, tracking, and correction –Trained contractor Site Safety and Health Officer –Documented S&H training of contractor personnel –Documented monthly safety meetings –Accident reporting and investigation –OSHA recordkeeping and posting of Form 300A –Emergency planning. Army Corps of Engineers EM

NAVFAC Instruction J Use of EM , FAR Clauses, and NAVFAC Guide Specification in contract documents, and hiring of high quality safe contractors minimizes disruption of client operations due to mishaps. Lessons learned through investigation of contractor mishaps helps prevent future occurrences of similar mishaps. Periodic project safety oversight should be performed as necessary to ensure compliance with contract requirements, but periodic safety inspections of contractor worksites are the responsibility of the contractor.

NAVFAC Instruction J Contractor’s past safety and health performance should be included as an element of Past Performance Evaluation. Each offeror may be requested to provide: OSHA incidence/severity rates for the last 3 years; federal/state OSHA citations for the last 3 years; Offeror’s safety and health quality control program.

NAVFAC Instruction J Each EFD/EFA/OICC requires a safety manager competent in OSHA and Army Corps of Engineers construction safety disciplines. A member of each Field Office shall serve as safety coordinator and complete appropriate competency training. The safety coordinator is responsible to work with the cognizant EFD/EFA safety manager to ensure necessary S&H requirements/resources provided (e.g., training, PPE, workplace inspections, medical surveillance, contract review).

NAVFAC Instruction J Recordable mishaps shall be investigated and a report submitted by the prime contractor to the Contracting Officer. The FAR clause , Accident Prevention, shall be inserted in construction contracts when the contract amount exceeds the simplified acquisition threshold (normally $100K)... and for facilities services contracts when appropriate.

FAR Clause Intended primarily for construction contracts Contractors are required to comply with OSHA standards (29 CFR 1910 and 1926), and to ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

FAR Clause After receiving the notice of noncompliance with these requirements or a serious hazard, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

US Army Garrison Fort Detrick, MD March 2009 On-site – recommended for Merit –Contractor Issues Key changes in contractor management (as per OSHA) –Comprehensive contract specification – covering: Key regulatory requirements for the work in question –Scaffolding, fall protection, crane use, etc., as applicable) Work stoppage and non-payment for noncompliance Proof of contractor safety and health training Contractor safety / accident prevention plans.

US Army Garrison Fort Detrick, MD Key changes in contractor management (cont.) –Report accidents in writing within 4 hours –Increased oversight by CORs –Safety training of CORs (10 hour course) –Unannounced spot checks by site Safety Office –Allow Safety Office to report problems directly Contracting Officer rather than strictly through CORs.

US Army Garrison Fort Detrick, MD December 2009 Return Visit Approved for Star “The (new contract spec) has provided previously missing legal authority to require work stoppage and non-payment for non-compliance. Also the direct link the Installation Safety Office now has to the Contracting Officer will remove any sole reliance on COR action to put the appropriate action in motion. The Commander is totally supportive of... the shutting down of a work site/operation until the hazard is abated.”

The Dilemma The Services can address contractor safety, and already do so in many ways. Common themes include: –The contractor is responsible for contractor safety/compliance –Require past performance info in solicitations –Contract specs require contractors to work safely and comply –Contractors define up front how they will comply and work safely.

The Dilemma Common themes include (con’t): The Contracting Officer provides oversight and requires contractor action when needed COR oversight confirms conformance to the contract and the contractor’s own safety plan – they are not “regulators” The Safety Office is extra eyes, ears, and advisor to the Contracting Officer, but does not issue orders to the contractor except in cases of imminent danger.

Department of Defense Voluntary Protection Programs Center of Excellence Development, Validation, Implementation and Enhancement for a Voluntary Protection Programs Center of Excellence (VPP CX) Capability for the Department of Defense Thank You!