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This Charter shall prevail on all contractual documents signed between the Parties
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Table of Contents
ALSTOM-EHS-002 Rev A
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1. 2. 3.
Reference Documents .................................................................................................................................3 Terminology Definitions !bbreviations .......................................................................................................3 "#$ %anagement .......................................................................................................................................&
3.1. 3.2. 3.3. 3.&. 3.*. 3.+. 3.-. 3./. 3... 3.12. 3.11. 3.12. 3.13. 3.1&. 'eneral "#$ Re(uirements ............................................................................................................................... & Ris) !ssessment and %ethod $tatements .......................................................................................................... * Contractor "#$ Plan.......................................................................................................................................... + $ecurity and ,dentification ................................................................................................................................. + "#$ Recognition $chemes to the wor)ers.......................................................................................................... %anpower ......................................................................................................................................................... Training and $upervision ................................................................................................................................... . Personal Protective "(uipment 0PP"1 ................................................................................................................ . "#$ Disciplinary $cheme ................................................................................................................................. 12 3or)ing in premises under the 4rdering Party control ..................................................................................... 12 !udit and ,nspection ........................................................................................................................................ 12 "#$ Reporting................................................................................................................................................. 11 3elfare and $anitation and 5irst !id ............................................................................................................... 12 "mergency Response Procedures ..................................................................................................................... 12 #ouse)eeping .................................................................................................................................................. 13 Confined $paces .............................................................................................................................................. 13 %achinery "(uipment and Tools ..................................................................................................................... 1& %otor 6ehicle $afety and Traffic %anagement ................................................................................................. 1& 3or)ing at #eight ........................................................................................................................................... 1+ 7ifting 4perations ............................................................................................................................................ 22 7oc)out Tagout 0874T491 ................................................................................................................................ 22 :arricades ....................................................................................................................................................... 22 #a;ardous $ubstances..................................................................................................................................... 23 !sbestos<Containing %aterials ......................................................................................................................... 23 Compressed 'as Cylinders ............................................................................................................................... 23 "lectrical $afety ............................................................................................................................................... 23 5ire Protection and Prevention ........................................................................................................................ 2& #ot 3or)s....................................................................................................................................................... 2& Trenching "=cavating Drilling and Concreting ................................................................................................ 2& "nvironmental Re(uirements........................................................................................................................... 2* "missions ........................................................................................................................................................ 2+
&.
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contractor "#$ management performance review ....................................................................................2Remedies for non<compliance with "#$ Re(uirements .............................................................................2-
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TERMINOLOGY DEFINITIONS A!!RE"IATIONS ,n this Document the following words and phrases shall have the meaning assigned to them below? 8Contract9 means the contract or subcontract entered between !lstom and the contractor for the performance of contract 3or)s. 8Contractor9? a non<!lstom company who under a contract subcontract or purchase order with the 4rdering Party is engaged to underta)e Contract 3or)s. 8Contractor "#$ Plan9? means an "#$ plan provided to the 4rdering Party by the Contractor relating to the performance of the Contract 3or)s on $ite. @ContractorAs Personnel@? means the ContractorAs employees agents visitors all persons employed or engaged on or in connection with the Contract 3or)s or any part of them and any other person on the $ite in connection with the Contract 3or)s. 8Contract 3or)s9? means all wor) and services to be performed by the Contractor under the Contract including all activities ancillary thereto. 8!7$T4% "#$ Plan9? means the ProBect "nvironmental #ealth and $afety 0"#$1 Plan provided to the Contractor by the 4rdering Party relating to the performance of the 3or)s on $ite. @"#$@? means environment health and safety. @"#$ Committee@? means the "#$ committee details of which are set out in the Contractor "#$ Plan. 8"#$ Re(uirements9? means collectively the re(uirements relating to "#$ or the management of "#$ set out in the applicable 7aw the !7$T4% "#$ Plan the $ite Re(uirements the Contractor "#$ Plan and the re(uirements of this Document. 8#igh<Ris) !ctivities9 shall include but not be limited to? 3or)s for which 7oc)out Tagout must be performed 3or)s involving a ris) of interference with moving vehicles 7one wor)ing 3or) at height 7ifting operations #ot wor)s 3or)s in e=plosive atmosphere
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87aw9? means the laws regulations orders codes standards or bylaws of any local or national authority having the force of law in the country where the contract 3or)s are to be performed. 84rdering Party9? !7$T4% or an incorporated or uncorporated consortium in which !7$T4% participates. @Permit to 3or)@? means a permission to underta)e relevant wor) issued by the 4rdering Party to the Contractor in accordance with the permit to wor) procedure set out in the "#$ Plan. 8$ite9? means the place or places provided or made available by the 4rdering Party to the Contractor to which plant materials tools and e(uipment are to be delivered stored or at which Contract 3or)s is to be performed together with any other surrounding places as the Contractor mayactually use in connection with the Contract 3or)s including access thereto. 8$ite Re(uirements9? means the re(uirements relating to the safety of personnel on $ite the control of environmental aspects and the securing and safe)eeping of plant materials tools and e(uipment wor) areas scaffolding site establishments installations and other matters. @$ite $pecific "#$ ,nduction@? means the site induction plan set out in the !7$T4% "#$ Plan. 8Cnsafe !ct9? means any act or omission that is not in accordance with the "#$ Re(uirements. @3or)s@? means the wor) and services to be performed by the 4rdering Party of which the Contract 3or)s form part.
#. #.1.
EHS MANAGEMENT Gene$al EHS Re%&'$e(ents The Contract 3or)s shall be underta)en in compliance with the "#$ Re(uirements. ,n particular the Contractor shall comply at all times with the re(uirements established in the latest revision of the !7$T4% "#$ Plan and in the associated specific procedure. $hould there be any conflict between any of the "#$ re(uirements the re(uirement imposing the higher standard and obligation on the Contractor shall ta)e precedence. ,n any case the Contractor shall respect applicable 7aw.
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EHS Re,o1n't'on S,+e(es to t+e 2o$)e$s The Contractor shall be re(uired by the 4rdering Party to contribute to the costs of implementing the overall 3or)s "#$ recognitionE incentive scheme. The contribution is detailed in the "#$ Plan.
#.3.
Man4o2e$
#.3.1. Gene$al -e$sonnel The Contractor shall provide competent and suitable personnel for the Contract 3or)s to be carried out. !ll ContractorDs and its ContractorDs personnel shall be in possession of the necessary wor) permits licenses and certificates that are re(uired by the "#$ Re(uirements for the e=ecution of the Contract 3or)s. The originals or certified copies of the originals shall be made available to the 4rdering Party upon re(uest. Copies of the certificates or (ualifications shall be submitted to the 4rdering Party as part of the site induction process. The originals or certified copies of the originals of such evidence of
ALSTOM 2012. All rights reserved.
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5or the purposes of this paragraph an "#$ %anager shall be formally (ualified and have more than * years site e=perience in "#$ in related industry and other "#$ Professionals shall be formally (ualified with a minimum of 2 yearsD e=perience in "#$ in related industry. The Contractor "#$ %anager shall advise supervise and coordinate all "#$ matters for the Contractor on a full<time basis and shall ensure coordination with other contractors on such matters. The ContractorAs "#$ %anager must be on $ite at commencement of the Contract 3or)s. The ContractorDs "#$ %anager shall advise supervise and co<ordinate all "#$ matters for the Contractor on a full<time basis and shall ensure co<ordination with other Contractors on such matters. The "#$ %anager and all "#$ Professionals must be formally approved by the 4rdering Party. The Contractor must formally submit to the 4rdering Party the Curriculum 6itae of all proposed Contractor "#$ professional for review and approval by the 4rdering Party. The 4rdering Party shall ma)e the final decision on the suitability of the proposed "#$ professional. ,f the 4rdering Party considers the respective Contractor "#$ %anager andEor "#$ Professionals not to be suitable the 4rdering Party shall reBect such "#$ %anager andEor "#$ Professionals and re(uest to the Contractor an immediate replacement and further suspend access to the $ite to all Contractor Personnel until such replacement is nominated approved by the 4rdering Party and mobilised to the site. ,f the Contractor does not provide a suitable $ite "#$ %anager and "#$ Professionals within a suitable time the 4rdering Party shall be entitled to recruit and employ any replacement personnel and charge all costs incurred to the Contractor with a *2 F surcharge. The Contractor shall remain fully responsible to fulfil their regulatory obligations and to ensure the appointed "#$ resources are competent and ade(uate for the Contract 3or)s.
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#.5.
T$a'n'n1 an* S&4e$6's'on !ll ContractorDs and its ContractorDs employees wor)ing on $ite shall attend the proBect specific environmental health and safety induction prepared and presented by the 4rdering Party and pass a test before starting wor) on the $ite. The Contractor and all of its own contractors shall ensure that all their employees wor)ing on the $ite have successfully completed the 4rdering PartyDs ,nduction and then also attend the ContractorDs specific ,nduction. The Contractor shall provide an interpreter for inductions when re(uired by the 4rdering Party. ,n this case the 4rdering Party will provide the Contractor with the site induction presentation and the Contractor shall translate the presentation into the language of his own wor)force at no cost to the 4rdering Party. ! copy of the translated presentation shall be provided to the 4rdering Party G at no cost to the 4rdering Party. ,n any case the Contractor shall remain responsible for subcontracted Contract 3or)s. !ttendance at the $ite $pecific "#$ ,nduction does not relieve the Contractor of their responsibility to provide suitable and sufficient training for the Contractor Personnel. The Contractor shall also provide their own company $pecific "#$ ,nduction covering their specific wor) scopeEactivity. The Contractor must ensure that all of the Contractor Personnel receive the necessary information instruction training and supervision for them to be able to underta)e their tas)s in a safe and environmentally sound manner. This shall include any training re(uired by applicable 7aw. The Contractor shall maintain records of all Contractor Personnel training. Cpon re(uest the Contractor shall provide the 4rdering Party with documentation and certification of Contractor Personnel training. 3here re(uested by the 4rdering Party the Contractor shall submit an "#$ training programme to the 4rdering Party for approval. $uch training programme shall include the specific activity induction provided by the Contractor. The cost for the attendance of any "#$ training shall be borne by the Contractor. The 4rdering Party reserves the right to re(uest the Contractor to organise at the Contractor cost any additional and specific training re(uired as a result of unsatisfactory Contractor "#$ performance. 5urthermore the Contractor shall ma)e full provision for the Contract 3or)s and bear any costs associated to the mandatory participation of the Contractor personnel and any contracted personnel to a two<day "#$ behavioural training programme facilitated by the 4rdering Party.
#.7.
-e$sonal -$ote,t'6e E%&'4(ent 8--E9 The Contractor shall ensure at his own cost that each member of Contractor Personnel are provided with the correct personal protective e(uipment or clothing for the Contract 3or)s to be carried out including but not limited to safety shoes safety helmets long pants long sleeved shirt gloves aprons high visibility clothing mas)s safety glasses goggles ear plugs double lanyard safety harnesses etc as may be re(uired by the "#$ Re(uirements. !ll PP" used shall at all times be in accordance with at least one of the following internationally recognised standards !>$, ,$4 :$ or "C and applicable 7aw. 3here the Contractor proposes to use PP" compliant with a standard other than those specified in this paragraph the use of such PP" shall be subBect to the 4rdering PartyAs approval. The Contractor shall ensure that all PP" has been properly assessed for suitability is maintained and stored properly and is
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.. ..1.
EHS S-ECIFIC REQUIREMENTS Ho&se)ee4'n1 The Contractor shall ensure that their wor) area is )ept clean tidy and free from debris. The wor) areas must be cleaned on a daily basis and a full clean of each area shall be conducted on a wee)ly basis. The disposal of all waste shall be performed by the Contractor and be at the Contractors cost. ,n addition to the Contractors house)eeping team the Contractor shall provide personnel for the overall $ite house)eeping team as set out in the Contract. 3hen re(uested by the 4rdering Party the Contractor shall provide free of charge any plant or e(uipment to assist in the house)eeping activities. ,n case of failure of the Contractor to provide the re(uired personnel or perform the obligations contained in this paragraph the 4rdering Party reserves the right to clean the area and charge the costs to the Contractor. !ny disposal of waste shall be at the ContractorDs costs. !ll e(uipment materials and vehicles shall be stored in an orderly manner. !ccess to emergency e(uipment e=its telephones safety showers eye wash stations fire e=tinguishers pull bo=es fire hoses etc. shall not be bloc)ed or otherwise disturbed restricted or delayed. "ach Contractor shall perform Contract 3or) in a manner that will minimi;e and control the production and migration of noise dust and debris to adBacent wor) areas. The Contractor shall supply install and maintain sufficient tas) lighting for the safe e=ecution of the Contract 3or) suitable access lighting to areas under Contractor management and protective means for such access and the respective wor) area0s1.
..2.
Conf'ne* S4a,es :efore commencing Contract 3or) in a confined space the Contractor must obtain from the 4rdering Party a Permit to 3or). The Permit to 3or) will define the re(uirements to be followed. !s a minimum the Contractor must ensure the following? Confined spaces are )ept identified and mar)ed by a sign at every the entrance. !de(uate ventilation is provided. !de(uate emergency provisions are in place. !ppropriate air monitoring is performed. Persons entering or watching those confined spaces are provided 0at every entrance1 with Confined $pace training. !ll necessary e(uipment and support personnel re(uired to enter a Confined $pace is provided.
!ll costs associated with the supply of the necessary plant and e(uipment 0gas monitor retrieval winch breathing escape apparatus and re(uirements for a top manEstandby man1 shall be borne by the Contractor. !ny training re(uired by applicable 7aw shall be provided to the Contractor Personnel at the ContractorAs cost. The Contractor shall consider all cable pits as confined spaces.
ALSTOM 2012. All rights reserved.
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3here relevant Residual Current Devices 0RCDs1 shall be in place at the power supply 0for 2&2 volts and above1 of the %ultiple Distribution :oards. The Contractor shall ensure that the type of power supply and associated electrical tools are suitable and in compliance with the regulatory and the "#$ Re(uirements. .... Moto$ "e+',le Safet/ an* T$aff', Mana1e(ent Contractor Personnel shall par) their personal vehicles only in those areas designated by the 4rdering Party. Personal vehicles shall not be provided access to the construction area. 6ehicle access to the construction area shall only be provided following approval by the 4rdering Party. Documentation shall be submitted to the 4rdering Party 06ehicle "ntry Re(uest 5orms1 for any vehicle which the Contractor re(uires to utilise in the construction area. 7imitations shall e=ist regarding the number of vehicles the Contractor may have in the construction area. !ll vehicles entering the construction area must be fitted with a flashing light and audible reversing beeper. 6ehicles which do not have this e(uipment installed and functioning shall not be provided access to the construction $ite. The 4rdering Party assumes no responsibility for vehicles or articles in vehicles par)ed in the premises under the 4rdering PartyDs control. 6ehicles and e(uipment shall not bloc) or restrict e=its wal)ways loading areas fire hydrants or emergency e(uipment. the 4rdering Party reserves the right to remove any vehicle or e(uipment that would bloc) or restrict access to those areas. 4perators of vehicles with high overhead clearance must pre<plan travel routes on $ite to ensure overhead utilities obstructions and or personnel will not be at ris) of impact. Contractor diesel and gas powered vehicles are prohibited inside buildings unless prior approval and arrangements for ventilation have been made with the 4rdering Party. The Contractor will not perform e=tensive maintenance or repairs of vehicles on $ite. Drivers shall obey all traffic regulations and signs and carry a valid driverAs license for any vehicles they operate. Contractor personnel who fail to adhere to the site traffic rules 0speed limits etc1 shall not be permitted to operate vehicles on site.
ALSTOM 2012. All rights reserved.
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6ehicleAs engines shall be turned off when par)ed. The vehicle shall only be par)ed in authorised area and shall not bloc) any general and emergency access. The Contractor shall identify all e(uipmentEvehicles brought on to the $ite with the name of the Contractor utili;ing the e(uipmentEvehicles. The Contractors name shall be clearly visible at all times. The Contractor shall ensure all vehicles plant and e(uipment used by the Contractor andEor his Contractors for carrying out the 3or)s comply in every respect with all applicable 7aws and "#$ re(uirements. !ny vehicle or item of plant or e(uipment that is not in possession of current valid documentation and certificates shall be immediately removed from $ite. %aterial shall be safely loaded and securely fi=ed onto the correct means of transport before and during transportation from one location to another. !reas not mar)ed as traffic routes such as general $ite storage areas laydown areas and ContractorDs wor) areas are to be carefully inspected and chec)ed in order to determine the location of any e=isting underground installations before any loads are moved into these areas. The Contractor is re(uired to carry out these inspections and chec)s to e=ecute any wor)s that may be necessary to protect e=isting installations from damage and to repair andEor ma)e good any damage done by the Contractor andEor his Contractors. !ll vehicles reversing conducting difficult manoeuvres or transporting abnormal loads are to be accompanied by a ban)sman. %ud is not to be transported by the ContractorDs vehicles on to public roads from the site. The Contractor shall provide erect and maintain traffic signs lamps barriers and traffic control signals and such other measures as may be re(uired by the construction of the 3or)s 0on site and off site1 in accordance with the pertaining local traffic laws codes and recommendations. The Contractor shall after consultation with any statutory or other authority concerned submit to the 4rdering Party for his approval a proposal based on such consultation showing the scheme of traffic management he proposes for carrying out the 3or)s before commencing any wor) which affects the use of the public highway and thereafter furnish such further details and information as necessitated by the 3or)s or as the 4rdering Party may re(uire. The Contractor shall not commence any wor) which affects the public roadways until all traffic safety measures necessitated by the wor) are fully operational. The traffic signs lamps barriers and traffic control signals shall be in accordance with the re(uirements of the Traffic $igns Regulations and 'eneral Directions current at the date of the e=ecution of the wor). Traffic signs and warning lamps shall comply with pertaining applicable 7aws for public highway use. The Contractor shall )eep clean and legible at all times all traffic signs lamps barriers and traffic control signals and he shall position re<position cover or remove them as necessitated by the progress of the 3or)s.
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The Contractor must ensure that a formal training covering general 3or) at #eight ha;ards and both preventative and protective measures is formally provided to its personnel on $ite and this must be completed prior to commencing wor) and repeated 0as a minimum1 annually. !ll Contractors employees e=posed to the ris) of falling from height shall be provided with 0first priority1 ade(uate fall prevention or 0second priority1 collective or individual fall protection measures by .the Contractor. 3hen it is not possible to implement collective fall prevention measures all persons e=posed to a ris) of falling from height 0e.g. wor)ing from vertical ladders erecting or dismantling scaffold operating elevated wor) platforms1 must use a harness that is at all times attached to a secure anchor point or life line. Double lanyards shoc) absorbing lanyard andEor fall arrestor shall be used unless specifically determined 0and approved by the Contractor1 as not re(uired by the ris) assessment. 3here safe to do so all ,tems used for wor) at height including tools and e(uipment must be secured where this is not possible alternative measures such as barriers must be in place to prevent people from being in an area where these is a ris) of falling obBects or e(uipment. The Contractor must ensure that a competent operational supervisor is formally appointed to supervise each wor) activity where there is a ris) of falling from height. The $ite %anager of the Contractor must prior to the commencement of the wor) attend a formal documented meeting held by the 4rdering Party responsible supervisor to e=plain the 4rdering Party re(uirements regarding fall prevention where they will formally receive the 4rdering Party general or site specific "#$ documentation related to fall prevention. !ll ladders harnesses mobile elevated wor) platforms and other relevant e(uipment used for wor) at height or for fall prevention or protection must be uni(uely identified listed in a register and subBect to formal regular inspection by the Contractor !ll defective or non<inspected e(uipment that is or could be used for wor) at height or for fall prevention or protection must be either removed from site or physically prevented from use by the Contractor. !ll e(uipment 0inc. ladders harnesses lanyards lifelines scaffolds elevated wor) platforms etc1 must be subBect to a pre<use inspection by the Contractor. !ll scaffolds wor) platforms and wal)ways used to prevent fall from height must be designed and constructed using materials that are designed for scaffold and made from metal frames mid rails and hand rails 0height between 1 and 1.1m1. !ll scaffolds wor) platforms and wal)ways used to prevent fall from height must be designed and constructed using floorboards J toe boards with no significant gaps.
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!ll scaffolds shall be erected in according to a specific design developed by competent personnel 0either generic design or specific design depending on the category of scaffold to be erected1. 'uardrails and toe<boards shall be installed on all open sides and ends of scaffold platforms. $caffolds shall be provided with an access ladder or e(uivalent safe access. Contractor Personnel shall not climb or wor) from scaffold handrails mid<rails or brace members. 3hen freestanding manually propelled scaffolds are used the height shall not e=ceed four 0&1 times the minimum base dimension. Contractor Personnel shall not be present on mobile scaffolds when they are being moved. $caffold design information shall be submitted to the 4rdering Party for review and approval. The Contractor shall not erect any scaffold before formal approval by the 4rdering Party. The scaffold design documentation shall be submitted to the 4rdering Party seven 0-1 wor)ing days before the scaffold erection is planned to commence. ..0.2. Sta'$2a/s an* La**e$s 7adders are normally forbidden but should only be used for light duty short<term wor) or access in line with the below and the $ite Re(uirements. 5abricated ladders are prohibited. Conductive or metal ladders shall be prominently mar)ed as conductive and not be used near energi;ed lines or e(uipment. 7adders will be secured to )eep them from shifting slipping being )noc)ed or blown over. 7adders will never be tied to facility services piping conduits or ventilation ducting. Temporary ladders will be lowered and securely stored at the end of each wor)day. 7adders shall be maintained free of oil grease and other slipping ha;ards 7adders will be visually inspected by a competent person and approved for use before being put into service. "ach user shall inspect ladders visually before using 7adders with structural defects shall be tagged @Do >ot Cse @ immediately ta)en out of service and removed from the $ite by the end of the day. 3ooden ladders shall not be painted. ..0.#. Roof <o$)=A,,ess Roof wor) and access to roofs must not be underta)en without prior authori;ation from the 4rdering Party. ..0... Mob'le Ele6ate* <o$) -latfo$(s %obile "levated 3or) Platforms 08%"3P91 0boom scissors snor)el types etc.1 shall be used in accordance with the "#$ Re(uirements. !ll Contractor Personnel operating %"3PDs shall be properly trained. Contractor Personnel shall wor) from the floor of the %"3P lift only. Climbing on handrails mid<rails and brace members is prohibited.
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..13.1. <aste Mana1e(ent !ll rubbish waste materials and items of plant e(uipment or materials that are no longer re(uired for the 3or)s shall be regularly cleared and removed from $ite. The control and management of waste is the full responsibility of the Contractor. The collection transport storage and removal of waste from the site and disposal in approved disposal locations is the full responsibility of the Contractor and shall be performed at the Contractors cost. The Contractor shall ta)e all necessary precautions to ensure the complete protection of ground and underground against pollution. The burning of surplus waste shall not be permitted. The Contractor is responsible for the removal of any waste generated by the Contract 3or)s being done on the $ite. The Contractor must dispose of the waste in line with the applicable 7aw. The Contractor will create and maintain all documentation in respect of the management and disposal of waste as re(uired by applicable 7aw and will provide copies to the 4rdering Party on re(uest. The Contractor shall comply with any direction regarding the disposal and management of waste made by the 4rdering Party. 3astes 0includes rinse from washing of e(uipment PP" tools etc1 are not to be poured into improper sin)s drains toilets or storm sewers or onto the ground. $olid or li(uid wastes that are ha;ardous or regulated in any way are not to be disposed of in general site waste receptacles. The 4rdering Party will not provide centralised collection containers for office and domestic waste. The management and disposal of waste from all wor) areas all laydown areas all offices and welfare areas is the full responsibility of the Contractor. ,n the event that the Contractor fails to comply with the waste management re(uirements the 4rdering Party reserves the right to carry out the necessary wor) and to recover the costs from the Contractor.
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..13.2. S4'lls 4$e6ent'on an* ,ont$ol The Contractor shall ta)e all necessary precautions to ensure the complete protection of ground and underground against pollution. The Contractor shall ta)e all steps and precautions that are necessary to ensure that no li(uid waste contaminated surface water or other untreated effluent gains access to the surface water drainage system. !ll li(uid wastes resulting from the ContractorAs activities on $ite shall be collected separately with approved interceptors or similar and disposed of all by the Contractor in accordance with the applicable 7aws. ,t is the ContractorDs responsibility to identify all such laws and regulations regarding waste disposal and act in full compliance with such laws and regulations. The Contractor shall hold the 4rdering Party harmless from any such occurrences whether they are accidental or otherwise. The Contractor is responsible for the provision of ade(uate spill )itsEprotection and the clean up and disposal costs of spills arising from the Contract 3or)s. ..15. E('ss'ons The Contractor shall identify and (uantify any emission sources associated with the Contract 3or)s. The control measures associated with these emissions shall be subBect to the approval of the 4rdering Party. "missions include but are not limited to noise dust fumes and vapours. The commencement of the 3or)s shall not ta)e place until there has been submitted to approved in writing by and deposited with the 4rdering Party a scheme for the provision of wheel cleaning facilities for heavy commercial vehicles and any mobile plant which has an operating weight e=ceeding three tonnes. $uch approved facilities shall be installed in accordance with a timescale to be approved in writing by the 4rdering Party and shall be maintained throughout the period of the construction of the 3or)s unless any variation has been approved in writing by the 4rdering Party. !ll re(uirements established in the Dust Prevention Plan shall be complied with by the Contractor. !ll open bodied heavy commercial vehicles carrying dry loose aggregate cement or soil into and out of the $ite shall be sheeted or sealed so as to prevent the release of such materials into the local environment. 3here practicable screening shall be provided to prevent the ingress of dust and dirt to any part of the 3or)s. The Contractor shall ensure ade(uate dust suppression methods are employed 0e.g. wetting down by water truc) etc1 in his wor) areas at all times. $hould ade(uate dust control measures not be
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0.
CONTRACTOR EHS MANAGEMENT -ERFORMANCE RE"IE< The Contractor shall be available on a monthly basis to participate to a 8Contractor "#$ %anagement Performance Review9 0form attached as !ppendi= >o. & to !7$T4%<"#$<222 G Rev ! Directive1 covering the scope of the Contract 3or)s. Depending on the result of the 8Contractor "#$ %anagement Performance Review9 the 4rdering Party will be entitled to apply the remedies defined in 6olume 2 8Contract Particulars. The Contractor $ite %anager and the Contractor "#$ %anager shall participate in this monthly review. 5ailing to participate in the 8Contractor "#$ %anagement Performance Review9 will result in the full application of the remedies for the concerned month.
3.
REMEDIES FOR NONACOM-LIANCE <ITH EHS REQUIREMENTS ,n addition to all other rights that the 4rdering Party may have under the Contract or the applicable 7aw the 4rdering Party shall notify the Contractor whenever it considers the Contractor to be in breach of any of the "#$ Re(uirements. ,f the Contractor does not ta)e appropriate corrective actions to rectify the breach within reasonable time or within the time period stipulated in the 4rdering Party notice the 4rdering Party is entitled to rectify such breach itself or by a third party and to recover the associated costs from the Contractor. 3henever the 4rdering Party consider that the breach of the "#$ Re(uirements re(uire an interruption of the Contract 3or)s the Contractor shall stop the wor) and shall remain liable for the cost and delay implication of such interruption in addition to the additional rectify costs re(uired to rectify the situation. 3ithout preBudice to any other remedies available to the 4rdering Party under the Contract or the applicable 7aw the 4rdering Party shall be entitled to the remedies set out in the table below? These remedies set out herein are understood and agreed by the Contractor as being a genuine and pre< assessed damages which the 4rdering Party is li)ely to incur in the event of Contractor defaulting its obligations for which they are said to be compensating. These remedies shall be deducted from the Contractor payment and reinvested by the 4rdering Party in order to improve "#$ performance at site or contribute to the "#$ incentive scheme at the discretion of the 4rdering Party. The compliance to the below re(uirements will be validated on a monthly basis by using the 8Contractor "#$ %anagement
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Ite(s Re%&'$e(ents
Meas&$e(ent
Re,o$* = -$oof
Re(e*/
Mont+l/ S'te Cont$a,to$ Ins4e,t'on ! Compliance with the Critical "#$ Re(uirements observed during the %onthly Contractor "#$ inspection. 122F compliance Chec)list completed on each of the topic 0!1 to !12 of the $ite %onthly Contractor ,nspection1 of the each months >o records of deviation E reported situation related to activities carried out without ris) assessmentEmethod statements Deduction from any payment due by the 4rdering Party to the Contractor under the Contract by 0amount and currency to be specified1 per inspection not achieving 122F compliance or for non attendance at the inspection.
Mont+l/ S'te Cont$a,to$ -e$fo$(an,e Assess(ent :1 $ite "#$ ,nspections 8Contractor >o Contractor activities Performance 0including those of their %anagement own Contractor1 were Review9 stopped due to the absence of approved %ethod $tatement E Ris) !ssessment documentation by the Contractor as per section 3.2. 3or)s will be stopped and any payment withheld. Remedies relating to delays in the wor)s will be applied as per the Contract conditions. ,n addition deduction from any payment due by the 4rdering Party to the Contractor under the Contract by 0amount and currency to be specified1 per activity stopped !t each payment after down payment. #istory of >on< Deduction from any payment inducted Contractor due by the 4rdering Party to Personnel identified on the Contractor under the the $ite. Contract by 0amount and currency to be specified1 per person not inducted. !t each payment after down payment.
:2
>o Contractor Personnel were observed on $ite without having been inducted to the 4rdering Party and Contractor induction as per section 3.-.
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The "#$ %anager and the appropriate number of "#$ Professionals have been mobilised at $ite as per the re(uirements of the section 3.+.2.
:&
The Contractor $ite %anager and the "#$ %anager attended the site "#$ Committee %eeting. !ny absence to the meeting was Bustified and notified to the 4rdering Party $ite %anager or the 4rdering Party "#$ Department as per section 3.1.
Deduction from any payment due by the 4rdering Party to Contractor under the Contract by 8a(o&nt an*
,&$$en,/ to be s4e,'f'e*9
per absence to the "#$ Committee %eeting !t each payment after down payment.
:*
8Contractor !ll accidents near<misses Performance and high<ris) deviations %anagement were notified to the Review9 4rdering Party immediately and a preliminary report was submitted to the 4rdering Party within 2& hours of the occurrence as per section 3.12.
!ccident $tatistics
Deduction from any payment due by the 4rdering Party to Contractor under the Contract by 8a(o&nt an*
,&$$en,/ to be s4e,'f'e*9
per event not notified and per preliminary reports submitted more than 2& hours after the event. !t each payment after down payment.
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:+
,&$$en,/ to be s4e,'f'e*9
per unsafe confined space activities observed. !t each payment after down payment. Record of 3ee)ly "#$ Deduction from any payment inspections due by the 4rdering Party to Contractor under the Contract by 8a(o&nt an*
:-
,&$$en,/ to be s4e,'f'e*9
per missing wee)ly "#$ inspection. !t each payment after down payment. Deduction from any payment due by the 4rdering Party to Contractor under the Contract by 0a(o&nt an*
:/
8Contractor Performance %anagement !ll wor)ers wor)ing at Review9 height with individual fall protection were found clipped on at all times as per section &.*.
$ite Correspondences
,&$$en,/ to be s4e,'f'e*9
per individual found unclipped when individual fall protection is re(uired to be used. !t each payment after down payment. !udit Report response Deduction from any payment from the Contractor. due by the 4rdering Party to Contractor under the Contract by 8a(o&nt an*
:.
8Contractor Performance %anagement The Contractor closed the Review9 findings of the Contractor audits as per the established and agreed deadline.
,&$$en,/ to be s4e,'f'e*9
per finding not closed in due time without reasonable grounds. !t each payment after down payment.
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The Contractor closed the findings of the $ite "#$ inspections related to the Contract 3or) as per the established and agreed deadline. per finding not closed in due time without reasonable grounds. ,f the finding is related to an unsafe situation with the potential to result in a severe accident the Contractor will perform the necessary corrective action and charge it to the Contractor with a
:12
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