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APPROACH

Contractor / Subcontractor Safety Procedure
Each contractor and subcontractor working on Tri-Line projects are contractually obligated to comply with all statutory safety requirements, Tri-Line's Safety Program and the Owners safety procedures. These combined safety requirements constitute the minimum safety performance expected from each employer.

Designation of Safety Representative
Each contractor shall designate a competent supervisor to carry out his safety program. Notification of the responsible individual shall be made to Tri-Line in writing. Where the nature or the size of the contract warrants, Tri-Line may request the contractor to employ a full-time, qualified Safety Representative.

Record Keeping and Reporting
Each contractor shall maintain accurate accident and injury reports and shall furnish Tri-Line a monthly summary of injuries and man-hours expended. Accident and injury reports are to be given to Tri-Line within 24 hours of each occurrence.

All fatal or serious injuries shall be reported immediately to the Tri-Line Project Manager. The contractor shall cooperate in the conduct of accident investigations including submission of a comprehensive report of the accident. 

OSHA and State Safety Agencies
Due to the complexity of prime contractor/subcontractor and construction manager/contractor contractual relationships, coupled with the total number of contractors working on a major construction site, OSHA and safety agencies have experienced difficulty in determining responsibility for violations which are found during an inspection. Therefore, they can and often do cite each contractor who unknowingly allows his employees to be exposed to violations created by other contractors working on site. The Act provides for increasingly severe actions for repeated violations and willful violations. Therefore, the potential liability is almost unlimited on long-term projects with numerous contractors. Compliance with governmental safety requirements is mandatory. In the event Tri-Line is cited by OSHA for a violation created and or controlled by this subcontractor, this cost of defending such citations and any penalties thereunder shall be deducted from sums otherwise payable under your subcontract. This is to include OSHA’s revised standards on fall protection; subpart M.

Compliance with safety program
Contractor/subcontractor’s supervisors unable or unwillingly to secure personnel performance in compliance with the contractual obligations will not be acceptable as supervisors and shall be removed from the project.
Each contractor/subcontractor shall be held responsible for compliance with the safety requirements by his subcontractors.
Subcontractor’s employees who fail to comply with the Tri-Line job site safety rules will not be acceptable. Such employees who are discharged for non-compliance with the job site safety rules at Tri-Line, request will not be eligible for re-employment on the project.
1. Lost time injuries are absolutely not acceptable.
2. All projects will go to 100% eye protection.
3. Safety belts will be replaced with full body harnesses.
4. All new work will require 100% tie-off above 5 feet.
5. No single extension ladder is to at a length greater than 24 feet from its foot base to its top-most resting point. Additional ladder with landings will be required for greater heights.

Notice of non-compliance with safety and health requirements
Tri-Line will monitor the safety performance of the contractors working under its direction. When violations of the statutory safety requirements, Tri-Line project safety procedures, or the Owner’s safety regulations are observed, the responsible contractor(s) shall be informed if possible and a Notice of Non-Compliance shall be prepared by the Safety Representative or Safety Coordinator for signature by the Project Manager. Each violation shall be identified and a brief description of the violation and the exact location shall be included in the Notice.
The contractors should be given a reasonable amount of time to evaluate and correct the conditions contained in the Notice. However, the time period should reflect the gravity of the violation.

Types of Violations
Violations will be categorized using the criteria outlined by OSHA in the Compliance Operations Manual. Imminent Danger Violations “… where an incident or occupational illness resulting from violation of a standard would probably not cause death or serious physical harm but would have a direct or immediate relationship to the safety or health of employees...”  Those violations noted by Tri-Line will be handled in the following manner:

In IMMINENT DANGER situations the work shall be halted immediately by the person observing the violation. The contractor’s supervisor, the Tri-Line Project Manager, the Project Safety Representative or Safety Coordinator shall be notified immediately that corrective action is required prior to resumption of work.
In SERIOUS VIOLATION situations the Tri-Line Project Manager may cause immediate cessation of the practice, or removal of all personnel from the area if, in his opinion, such action is required to avoid death or serious injury.
In NON-SERIOUS VIOLATION situations the contractor should be notified in a timely manner of the condition(s).

Failure to correct unsafe conditions
If the contractor fails to correct the conditions described in the Notice of Non-Compliance within the time specified, a second Notice of Non-Compliance should be issued. If no action is taken by the contractor in the time set forth in the second Notice, a meeting should be scheduled with the contractor’s superintendent, the Tri-Line Project Manager, the Safety Representative or Safety Coordinator. This meeting should result in a documented agreement of the contractor’s intended action and timing to correct the violation(s). Failure to reach agreement, or failure to correct the violation, shall be documented, and the matter referred to the appropriate Tri-Line Manager for resolution with the subcontractor’s senior management.

Backcharges
After the second Notice of Non-Compliance form has been issued and the subcontractor still fails to correct the safety violation creating a hazard for persons or property, Tri-Line, can perform, or cause to be performed, the necessary work and unilaterally back charge the subcontractor.

Request removal of superintendent
In the event that a contractor/subcontractor has been particularly difficult on safety issues, the Safety Representative or Safety Coordinator should prepare an objective report documenting the problems encountered to form an historical record, which will be available for future reference. The report should be reviewed by the Regional Safety Supervisor (if project is assigned to one) and approved by the Corporate Safety Department prior to being submitted to the Tri-Line Company President and appropriate management.

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