Annex 4 HSSE contract clauses

HSSE Definitions
HSSE Occupational Health, Safety, Security and Environment.
Employer HSSE Policy shall mean the latest revision of the high level HSSE policy statement, signed by the
board of the Employer, which sets out the general principles which govern the Employers HSSE management.
HSSE Management system (HSSE MS) shall mean the documented management system operated by the
Employer in order to achieve the principles defined in the HSSE Policy, through a set of management
standards and expectations, supported by written procedures and guidance documents.
Construction HSSE Plan A document issued by the Contractor, describing how they will manage their hazards
and Employers expectations (e.g. described in the Pre-construction information document). The construction
HSSE plan is contractual, if applicable.
Interface document A document describing how conflicts between a construction HSSE plan (issued by the
Contractor) and the project HSSE plan (issued by the Employer) will be managed by the project organization.
The interface document will be issued by the Employer in conjunction with the Contractor. The interface
document is contractual, if applicable.
Pre-construction information document (PCID) A document which is issued by the Employer and specifies the
HSSE specifications for the project. This includes a description of the project, including the project schedule,
HSSE management on the site and details on the identified hazards and risk for construction. The PCID/HSSE
specifications will be sent at the invitation to tender and is contractual, if applicable.
Project HSSE Plan A document issued by the Employer describing the way the project organization will
implement the Employers HSSE Management system. The coordination of Contractors in case of concurrent
activities should also be described in this document, if applicable.

1. General HSSE Requirements

1.1

HSSE Policy and standards:

Employers HSSE policy and the standards and expectations of the HSSE Management System will be
strictly enforced during all phases of the work. The Employer reserves the right to review Contractors
HSSE policies and procedures. HSSE Policy and standards are defined by but not limited to the projectspecific contractual documents below, if applicable:
Pre-construction information document
Project HSSE Plan
Construction HSSE Plan
Interface document
Site rules
Emergency Plan
The Contractors HSSE standards must comply with the Employer policies laws and regulations of the
country of operation, and accepted good industry practice (i.e. Renewables UK, AWEA or equivalent
guidelines).

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 1 of 9

1.2

Unacceptable standards:
The Employer will have the right to stop any unsafe activity of the Contractor at any time.
Step1:
If the Contractors HSSE project specific management system and standards do not meet the required
level set out in Sub-Clause 1.1 above, notice in writing (normal project communication) will be given to
the Contractor. A plan and time scale to correct any deficiencies will be agreed between the Employer
and Contractor.
Step 2:
If the Contractors HSSE system is failing or has failed to prevent a single serious breach of good HSSE
management and/or in a manner that a cumulative number of minor incidents cause reasonable
concern as to the effectiveness of the Contractors HSSE management system and/or if the Contractor
breaches any Laws in respect to HSSE, the Employers Representative shall be entitled to issue a written
HSSE Improvement Notice. In the circumstance where the Safety Improvement Notice relies on a
cumulative number of minor incidents such incidents shall in the first instance be raised by the
Employers Representative using normal project communication before the HSSE Improvement Notice is
issued.
On receipt of the HSSE Improvement Notice, the Contractor shall as soon as is reasonably practicable
but in any event within no more than seven (7) working days provide the Employers Representative,
with full supporting details, the steps taken to address the issues raised in the HSSE Improvement
Notice. When the Contractor has taken the actions to rectify the issues addressed in the HSSE
Improvement Notice the Contractor shall write to the Employers Representative applying for a HSSE
Improvement Notice Certificate. The Employers Representative shall audit for compliance on the actions
taken by the Contractor to determine the implementation of steps to address the issues raised. The
implementation of steps that rectify the issues raised will result in a written HSSE Improvement Notice
Certificate.
In case the Contractor has not implemented the steps to address the issues raised in the HSSE
Improvement Notice, the Employer may issue a written notice of default (Notice of Default).
If the Employers Representative fails to respond to the Contractors application for a HSSE Notice
Improvement Certificate within fourteen (14) days then the Employers Representative shall be deemed
to have issued the HSSE Improvement Notice Certificate.
Step 3:
Where the Employers Representative has issued a HSSE Improvement Notice that was not acted upon
in time as per the requirements of the HSSE Improvement Notice and was therefore not concluded with
a HSSE Improvement Notice Certificate, as set out in Step 2 above, the Employer may suspend all
milestone payments to the Contractor from the date of Notice of Default to the date of issuing the HSSE
Improvement Notice Certificate to effect immediate improvements in the HSSE management system.
Such payment suspension shall not constitute an event of default under this Contract and nor shall it
entitle the Contractor to claim any late interest payments in accordance with the Contract.
As soon as the Contractor has implemented the relevant improvement, the Contractor shall be entitled
to receive any suspended milestone payments from the Employer.

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 2 of 9

If a Default Notice has been issued, the Contractor shall not be entitled to claim for additional costs
(whether by adjustment to the Contract Price or otherwise) or an extension in the Time for Completion,
in case the Contractor is delayed due to such a Default Notice.
Step 4:
In case the Contractor is not performing further the Employer shall be entitled to issue a notice to
correct in accordance with the Contract.
1.3

Responsibility for safe working:

Notwithstanding any regulatory requirements enforced at the work site, the Employer has the
responsibility
for
safe
working
at
all
the
Employers
sites.
The Contractor has the responsibility for the health and safety of its own employees and its
subcontractors within Contractor scope of work set out in the Contract.

1.4

HSSE Incident notification, investigation and reporting:

The Contractor will immediately notify via electronic mail or facsimile the Employer of all project related
HSSE incidents and serious near-miss arising from the Works and/or involving Contractor Personnel,
Contractors Equipment and Materials at the Site, if applicable. The Contractor will provide the Employer
with copies of initial incident reports within 24 hours of the occurrence. All serious incidents for which
the Contractor is responsible shall be investigated by the Contractor and a written report will be sent to
the Employer within 30 days after the occurrence. Contractors line management will participate in
serious incident investigation.
The Employer reserves the right to make its own investigation and recommendations for corrective
action. The Contractor will make any statutory reports of incidents involving Contractors Personnel, such
reports must be copied to the Employer. The Employer will make any other statutory reports required
following an incident.
The Contractor will ensure that systems are in place to deal with HSSE incidents and that the effects of
such an event are to be mitigated by the most appropriate means.

1.5

Monthly HSSE reporting:

The Contractor shall provide the following HSSE information for employees and sub-contractors on a
monthly basis within seven calendar days of the end of each month:

Number of HSSE incidents and Near-misses referring to the policy and standards defined in
clause 1.1. but as a minimum
fatalities,
lost time incidents,
restricted work cases
medical treatment cases
environmental incidents

Hours worked
Waste leaving site
The Employer will provide the Contractor with an appropriate monthly HSSE reporting template.
1.6

Communication with third parties:

With regard to incidents or HSSE performance associated with the Contractors scope of work, the
Contractor will not make any report, verbal or written, to statutory or non-statutory bodies,
organisations or third-parties without the prior written notification of the Employer.

1.7

Behavioural HSSE Program:

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 3 of 9

The Contractors line managers will participate at the site specific behavioural HSSE observation tours
and ensures their employees and sub-contractors will participate at the site-specific observation
reporting (e.g. near-miss reporting).
1.8

Use of subcontractors:
Should the Contractor engage any Subcontractor to perform work at the Site, the Contractor shall
ensure that the Subcontractor has complied or shall comply with all the HSSE requirements.
It is the Contractors responsibility to ensure that Subcontractors meet all HSSE requirements, including
a proper HSSE Plan for their specific tasks. The Contractors Personnel shall be required to attend the
Site Induction Training and Safety Briefings.
The use of Subcontractors has to be agreed with the Employer in writing. An intended use of
subcontractors is to form part of the proposal document.

1.9

HSSE performance criteria:

The Parties shall, where appropriate, agree on HSSE performance criteria which may be used to
calculate fees, bonus payments or fines. Such performance criteria will be referenced in clause 1.1.

1.10

Audits and inspections:

The Employer shall have the right to conduct HSSE audits and inspections at Contractors activities,
Contractors Personnel and HSSE documentation and shall provide the Contractor with a written report.
The Contractor shall facilitate this evaluation. Given reasonable notice and at reasonable times this also
applies to audits and inspections of the Contractors premises.

1.11

HSSE Meetings:
The Contractor will appoint line managers to participate at site HSSE meetings.

1.12

Construction HSSE Plan:

The Contractor will be required to develop and submit 6 weeks prior to the Employer for approval a
Construction HSSE Plan which (i) identifies the hazards and risks associated with the Contractors work
at the work site, and (ii) defines the methods for controlling these hazards and risks. Within 4 weeks the
Employer shall review and approve the Construction HSSE Plan, provided however that the Employer
may only disapprove the Construction HSSE Plan if it breaches Laws in regards to HSSE or does not
comply with Sub-Clause 1.1. Should the Contractors Construction HSSE Plan not be approved, the
Employer shall state in writing the reasons for rejection and the Contractor shall revise the Construction
HSSE Plan and re-submit it for approval and the Employer shall review and approve or reject the
changes within 2 weeks.

1.13

Method statements or hazard and risk assessments:

The Contractor will be required to develop and submit method statements or hazard and risk
assessments prior to the commencement of the onsite activities. The Employer will review the
submitted documentation.

1.14

First Aid Arrangements:

The Contractor shall carry out an assessment to determine the level of first aid / Medicare
arrangements that are required appropriate to the numbers of Contractors Personnel on site and the
risks associated with the activities being performed on each site. Suitable and adequate cover (e.g.
adequate first aid material, trained first aiders with the regard of site specific needs) shall then be
provided based on the findings of the assessment.
The Employer reserves the right to make its own assessment and recommendations for corrective
action. The Employer shall provide adequate and suitable communications for contacting the emergency
services.

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 4 of 9

The Contractor operating a vessel is obliged to have a defibrillator on board of the vessel. The
Contractor will be responsible for ensuring that the Contractors Personnel are suitably trained in the
use of the defibrillator.
The Turn Key Contractor of a construction site is obliged to have a defibrillator on the construction site.
Exemptions are possible, if a detailed documented hazard & risk assessment shows that the need of a
defibrillator doesnt bring additional value for the emergency response organization. The decision needs
to be agreed by the Employer. The Contractor will be responsible for ensuring that the Contractors
Personnel are suitably trained in the use of the defibrillator.
1.15

HSSE Notice Boards:

The Contractor shall establish HSSE notice boards. Regular checks will be undertaken by the Employers
Representative to ensure that all information is current. The information set out on such board shall be:

Copy of any notification required by Laws,

Emergency Response Plan / Contacts,
Minutes from HSSE meetings,
Accident and incident reporting information,
List of First Aiders / contact numbers/location of first aid boxes,
Projects Health and Safety Policy,
Site Rules.
Project related safety alerts
This list is not exhaustive and may be changed / added to upon mutual agreement.
1.16

Emergency Procedures:
The Contractor shall comply with the Employers overall emergency plan and shall develop relevant
emergency response plans according to their scope of Works as set out in Clause 1.3. The plans shall, at
a minimum, encompass the following events:
Fire,
Evacuation,
Oil/Petrol/Chemical Spills,
An emergency drill to test the response capability needs to be incorporated into the Construction HSSE
plan.
The Contractor shall ensure that a system is established to ensure that the Contractors Personnel
record their attendance on the Site until the end of the Original Defects Notification Period in order that
numbers can be satisfactorily accounted for in the event of fire or other emergency and that adequate
and suitable firefighting equipment is made available.
The Contractor for diving operations is obliged to conduct as a minimum biweekly emergency response
drills.

1.17

Interface with the HSSE Management System:

Where HSSE responsibilities and accountabilities are not clearly defined, or where there is a conflict
between the HSSE Management System and standards of the Employer and the Contractor, the
arrangements will be agreed and documented in an Interface Document. The Interface Document shall

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 5 of 9

be agreed prior to Contract signature and form part of the contract between the Employer and the
Contractor.

2. HSSE Requirements relating to Personnel

2.1

HSSE training:
The Contractor will be responsible for ensuring that the Contractors Personnel are suitably trained, are
sufficiently competent to undertake their specific job function with due regard to HSSE (Construction
HSSE plan, if applicable) and are aware of the hazards, risks and risk control measures related to the
different phases of the Work. The Contractor shall ensure that that HSSE training certificates of all
Contractors personnel is submitted to the Employer prior to the start of the activity and that trainee
personnel as defined by the relevant Law will not work unsupervised at the Site. The Contractors
Personnel shall attend a Safety Induction Course prior to commencement of any work on Site to make
them aware of the site rules and expectations.

2.2

Unauthorised access:
The Contractor shall take all reasonable precautions to prevent unauthorised access of persons to
Contractors Equipment. The Contractors personnel will be subject to any security arrangements put in
place by the Employer.

2.3

Drug and alcohol policy:

Any drugs and alcohol on site are strictly prohibited.

2.4

Personal safety equipment:

Contractor is to ensure all Contractors Personnel have and use safety equipment which is appropriate
to the hazards and risks at the work site. Safety equipment must be of a standard agreed by the Parties,
generally in compliance with ANSI, OSHA and/or CE standards.

2.5

Emergency procedures:
The Contractor will comply with all emergency procedures relating to the Site. The Contractor will be
responsible
for
ensuring
all
its
Contractors
Personnel
are
informed of the relevant emergency procedures and participate in relevant exercises and training, as
required.

2.6

Work permits:
The Contractor will comply with Contractors work permit system, unless it is agreed in writing that the
Employers (or third partys) Work Permit System is in force. Where applicable, the HSSE Interface
Document will define the Work Permit System which will apply at the work site.

3. HSSE Requirements relating to materials, equipment and the work site

3.1

Hazardous Chemicals and Materials:

The Contractor shall be responsible for making all reports, notifications and gaining the relevant
approvals required by Laws to appropriate government agencies regarding the identity, composition,
and amount of hazardous chemicals, substances, and/or materials, if any, used or brought by the
Contractor to the Site. The Contractor shall supply to the Employer a copy of the relevant Material
Safety Data Sheet (MSDS) required by Laws of the Country for all hazardous chemicals before use on

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 6 of 9

Site.
3.2

Waste and Waste Management:

The Contractor must comply with all relevant laws and regulations and is responsible for adequate
handling and disposal of all kind of waste being produced from him due to his contract. Waste must be
segregated and stored in pre-designated areas on site. Solid waste should be stored in skips or similar
appropriate containers, and liquid waste in sealed barrels or drums within a bounded area and secured
against spillage. Containers should be of sound construction and accurately labeled. All relevant
documentation on waste management need to be accessible to the Employer, all relevant copies of
appropriate waste handling and/or disposal need to be handed over to the Employer in accordance with
the applicable national law and regulations. The Employer preserves the right to ask for additional
copies of waste management documentation, to ensure evidence of fulfilling his legal and other
responsibilities.

3.3

Equipment and Supplies:

The Contractor shall be responsible for ensuring that any equipment or supplies brought to the Site
have been inspected, tested and properly maintained and that such equipment or supplies are free from
defects and are fit for their intended use.

3.4

Housekeeping:
The Contractors work area and activities must be planned and maintained in a way to afford safe
working with due regard to Good Industry Practices.

3.5

Work site access and egress:

The Employer shall ensure that its Sites are provided with appropriate safe means of personnel access
and egress at all times and are kept free of obstructions.

3.6

Work site environment:

The
Contractor
shall
ensure
that
personnel
at
its
work
sites
are
provided with adequate protection from falling from height, being struck by falling objects, coming into
contact with Harmful Energy Sources and that work sites have suitable illumination, warning and
protection systems.

3.7

Portable Electrical Equipment:

All portable electrical equipment and hand tools used in the construction of the Works shall be in
accordance with the standard voltages of the Country. Where these are powered from the installed
higher voltage systems installed within wind turbines or other structures the Contractor shall use
portable transformers to step down to the standard voltage.

3.8

Contractors Lifts, Hoists, Cranes and Other Lifting Equipment:

The Contractor shall ensure all lifting and hoisting equipment is capable to perform that task properly
constructed of sound material, of adequate strength and properly maintained to satisfy all Laws of the
Country. Aspects to be considered are the ergonomic design, initial integrity, working environment and
task or process.
The Contractor shall ensure all lifting operations are planned by a competent person and shall submit
written lift plans (e.g. method statements, work instructions) for each operation that incorporate
documented risk assessments, identify resources required, procedures and responsibility statements
(Lift Plans).
Lift Plans relating to the use of cranes shall include the following additional information:

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 7 of 9

Lifting capacity information relating to specific duty to be undertaken,

Dimensions, weights, centres of gravity, lifting points and nature of loads to be lifted,
Wheel, track and outrigger loads under specific travelling and lifting conditions,
Details of crane, load delivery route and crane positioning for any lifting operation,
Copies of current test certificates for all lifting plant and apparatus to be used,
Provide information about the needed ground condition, strength and the need for load
spreaders, stability, gradient etc.
Environmental factors such as wind speed and visibility,
Traffic and/or pedestrian control,
Communication between crane operator and banksmen.

Lifting operations shall only be carried out by competent operators, banksmen, slingers and riggers who
are in possession of current licenses and the appropriate qualifications required undertaking such works
by the Laws of the Country. The Contractor shall ensure adequate communication is effected at all times
between the crane operator and banksman. All crane operators and banksmen shall be over 18 years of
age. Lift Plans / methodologies will be developed and made available to the Employers Representative
prior to any major lifts being carried out.
The safe working load and identifying serial number shall be clearly and indelibly marked on all lifting
equipment and appliances.
The Contractor shall prepare and maintain an up to date register containing test certificates for all
lifting and hoisting equipment used on the Works. This register shall be available on Site from the
commencement of lifting operations for inspection by the Employers Representative or other relevant
authorities until the end of the Original Defects Notification Period.
The operation of cranes including crane arcs shall be confined to the Site boundaries unless otherwise
accepted by the local authority and the police and agreed with the Employers Representative.
The Contractor shall ensure that any notices required by the Laws of the Country have been served prior
to any crane or vehicle requiring such notice is moved to or from Site.

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 8 of 9

HSSE Contractor Management

Document : P 7.1

Approved: Plmacher
Revision: 1

Issue date 30.09.2010

Page 9 of 9