510 EM 385-1-1 Chapters 1-8

Sections

Chapter 2: SOH Program Management for Contractors

This chapter applies to all contractors performing work activities under a USACE contract including those administered on behalf of USACE.

This chapter applies to all contractors performing work activities under a USACE contract.

It outlines the management of Safety and Occupational Health (SOH) Programs for contractors working under USACE contracts. It provides comprehensive guidelines for developing, managing, and implementing SOH programs to ensure workplace safety and health compliance. The chapter emphasizes the foundational requirements of contractor SOH programs and outlines the roles and responsibilities of various personnel involved in SOH management, including the replacement of the Government Designated Authority (GDA) term with the responsibilities designated to the Contracting Officer (KO) or Contracting Officer Representative (COR).

Note. The term Government Designated Authority (GDA) is no longer applicable within this manual. GDA has been replaced with the responsibility of the KO or COR.

2-1. References.

EM 385-1-1 Paragraph 2-1.

2-1. References.

a. ANSI/ASSP A10.33 Safety and Health Program Requirements for Multi- Employer Projects (https://webstore.ansi.org/)

b. ANSI/ASSP Z490.1, Criteria for Accepted Practices in Safety, Health and Environmental Training (https://webstore.ansi.org/)

c. UFGS 01 35 26, Governmental Safety Requirements (https://wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs)

d. 5 CFR 293, Personnel Records (https://www.govinfo.gov/content/pkg/CFR-2020-title5-vol1/pdf/CFR-2020-title5-vol1-part293.pdf)

e. 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses (https://www.govinfo.gov/content/pkg/CFR-2020-title29-vol5/pdf/CFR-2020-title29-vol5- part1904.pdf)

f. 29 CFR 1910, Occupational Safety and Health Standards (https://www.govinfo.gov/app/collection/cfr)

g. 29 CFR 1926, Safety and Health Regulations for Construction (https://www.govinfo.gov/app/collection/cfr)

h. 46 CFR Subpart 4.05, Notice of Marine Casualty and Voyage Records (https://www.govinfo.gov/content/pkg/CFR-2020-title46-vol1/pdf/CFR-2020-title46-vol1- part4-subpart4-05.pdf)

i. 48 CFR 52.236-13, Accident Prevention (https://www.govinfo.gov/content/pkg/CFR-2020-title48-vol2/pdf/CFR-2020-title48-vol2- chap1-subchapH.pdf)

j. 49 CFR 197.484, Notice of Casualty (https://www.govinfo.gov/content/pkg/CFR-2002-title46-vol7/pdf/CFR-2002-title46-vol7-sec197-484.pdf)

2-2. Definitions.

EM 385-1-1 Paragraph 2-2.

2-2. Definitions.

a.  Accepted/Acceptable.  A term denoting when a written procedure, practice, method, program, engineering design, or employee qualification criteria submittal, which, after a cursory review by the KO or COR, is determined to generally conform to safety and health or contractual requirements.  Acceptance or acceptability in no way relieves the submitting entity from ensuring employees a safe and healthful work environment or complying with all contractual requirements and good engineering practices.

b.  Accident.  Any unplanned event or series of events that results in death, injury, or illness to personnel, or damage to or loss of equipment or property.  Within the context of this manual, accident is synonymous with mishap.

c.  Accident Prevention Plan (APP).  A SOH plan that documents site-specific policies, responsibilities, and plan and program requirements.

d.  Competent Person (CP).  One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

e.  Contracting Officer (KO)/Contracting Officer Representative (COR).  The USACE representative, usually within the district or center Contracting Office.  The KO is designated by the Senior Contracting Official and the COR is designated by the KO to enter and administer contracts for the Government and make determinations and findings thereon.

f.  Contractor Corporate Safety Official.  The prime contractor’s corporate official responsible for the company’s SOH Program.

g.  Contractor Quality Control (QC).  The part of quality management focused on fulfilling quality requirements of a project, product, service, or process.  It includes those processes used to ensure performance meets agreed upon stakeholder requirements that are consistent with law, regulations, policies, sound technical criteria, schedules, and budget.

h.  Employee.  A government or contractor person engaged in work on a USACE project.

i.  Employer. A government or contractor organization that has control over employees engaged in work on USACE projects.

j.  Facility.  A permanent or temporary location that includes the following: building, structure, shed, tower, utility support system or utility conveyance system, swimming pool or other open concrete structure, whether above or below grade, or any other item that is designated by KO or COR as a facility.

k.  First Aid. Refers to medical attention that is usually administered immediately after the injury occurs and at the location where it occurred.  It often consists of a one- time, short-term treatment and requires little technology or training to administer.  First aid is specifically defined by 29 CFR 1904.7.
l.  Hazard. Any actual or potential condition that can cause injury, illness, or death of personnel, damage to or loss of equipment or property, or contribute to mission degradation.

m. Imminent Danger.  Any conditions or practices in a place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated.

n.  Mishap. Within the context of this manual, mishap is synonymous with accident.  See definition for accident in paragraph 2-2.a.

o.  Near Miss.  A potentially serious accident that could have resulted in personal injury, death, or property damage, damage to the environment, or illness but did not occur due to one or more factors.

p.  Qualified Person (QP).  An individual who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

q.  Recordable Accident.  A reportable accident that meets the minimum criteria stated in this manual for aviation and ground Class A through F accidents.

r.  Registered Professional Engineer (RPE).  A person who has been duly and currently registered and who is licensed as a professional engineer by an authority (for example, state licensure board) within the United States or its territories to practice the profession of engineering.

s.  Reportable Accident.  All occurrences that cause injury, occupational illness, or property damage of any kind.

t.  Residual Risk.  The level of risk remaining after controls have been identified and countermeasures selected for hazards.  Risks remaining after hazard mitigation measures have been applied.

u.  Risk Assessment Code (RAC).  The conversion of the probability and severity of a given hazard into a specific risk level based on the residual risk.  The levels of risk are extremely high (E), high (H), medium (M) and low (L).

v.  Risk Management.  A business process that includes the identification, assessment, and prioritization of risks, followed by coordinated and economical application of resources to minimize, monitor, and control the probability and/or impact of unfortunate events to an acceptable level.

w.  Risk Matrix.  A risk management tool that is used to determine the RAC for a specific work element and the overall RAC for the activity, task, or DFOW.  The risk matrix is used to evaluate the severity (that is, an approximate amount of potential harm, damage, or injury occurring) and probability (that is, likelihood of something happening) associated with a given accident (see para 2-10.a).  Severity is categorized as catastrophic, critical, moderate, or negligible.  Probability is categorized as frequent, likely, occasional, seldom, or unlikely.

x.  Site Safety and Health Officer (SSHO).  A contractor employee that is responsible for overseeing and ensuring implementation of the prime contractor’s SOH program according to the contract, this manual, applicable federal, state, and local requirements (see paras 2-3 and 2-4).

(1)  Level 1 SSHO.  A designated employee with full-time SOH responsibility that meets and follows the requirements of paragraphs 2-3.b and 2-4.b.
    (2)  Level 2 SSHO.  A designated employee with collateral duty SOH responsibility that meets and follows the requirements of paragraphs 2-3.b and 2-4.b.  Level 2 SSHOs cannot be assigned to projects that have a residual RAC of high or extremely high.
    (3)  Level 3 SSHO.  A designated QP or CP with SOH responsibility that meets and follows the requirements of paragraphs 2-3.b and 2-4.b.  Level 3 SSHOs cannot be assigned to projects that have a residual RAC of high or extremely high.
    (4)  Alternate SSHO.  An employee that meets the definition of the contract- required level SSHO but is not the primary SSHO.

y.  Site of Work. The primary location of the work.  The physical place(s) where the work called for in the contract will remain when work on it is completed, or the secondary location of the work, if any, which is any other site where a significant portion of work is performed, provided that such site is established specifically for the performance of the contract or project.

z.  Visitor. Anyone who is not assigned to work at the site of work, either permanently or temporarily, that comes to the site of work for short-term action (for example, inspections, meetings, deliveries).

510 EM 385-1-1 Chapters 1 - 8

Chapter 2: SOH Program Management for Contractors

2-1. References.

2-1. References.

2-2. Definitions.

2-2. Definitions.