Contractors and VPP

8/6/2019 Contractors and VPP

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Lead Agent

Office of the AssistantSecretary of the Army

(Installations andEnvironment)

Department of DefenseVoluntary Protection Program

Center of Excellence

Operated by:

Voluntary Protection Programs Participants Association NationalConference Orlando, Florida

Department of Defense VPP Workshop

Effective Processes for Selection and Oversight of Contractors

August 22, 2010


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What Does OSHA Say?

OSHA CSP 03-01-003, VPP Policies/Procedures Manual

Mentions contractors in three ways:

Nested contractors (supervised by site personnel)

Applicable contractors (work 1,000 hours or more inany quarter during the last 12 months)

Contractors (type not specified)


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What Does OSHA Say?

OSHA CSP 03-01-003, VPP Policies/Procedures ManualRequirements 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 andprocedures that indicate how to accomplish them.

VPP (have the VPP explained to them)

Their rights under the OSH Act


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What Does OSHA Say?

OSHA CSP 03-01-003, VPP Policies/Procedures Manual

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

Requirements specific to Nested contractors: Include contractor injuries in hosts injury/illness rates


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What Does the VPP CX Say?

CX Gap Analysis / Action Plan (#9, #12, #21, #28) Contract workers are made aware of the sites

S&H mission/policy statements, goals/objectives, and theirresponsibility for helping to achieve site goals

(#46 - #54) Written contractor oversight/management systemincludes:

Consideration of contractor injury/illness rates and safetyperformance 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 contractors control

Appropriate training of personnel assigned to monitor contractorS&H performance


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What Does the VPP CX Say?

CX Gap Analysis / Action Plan (#55, #56, #57) Sound working relationships have been established

with contractors to encourage open communications, hazard reportingand correction, and participation in safety and healthmeetings/activities .

(#241, #242, #243) A process is in place to ensure contractoremployees are aware of:

Rights Under the OSH Act

Site participation in VPP, and VPP requirements that apply to thecontractor

How to recognize hazardous conditions and signs/symptoms ofworkplace related illnesses

Site PPE requirements

Emergency procedures


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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 hazardsand noncompliance is key

Must build into contracts up front

CORs provide reasonable oversight

Safety Office spot checks

Contracting Officers handle problems quickly


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The Dilemma

DODI 6055.1, DoD Safety and Occupational Health ProgramThis instruction does not apply generally to DoD contractor personnel

and contractor operations . . . the contractor is responsible directly toFederal or State OSHA for the safety and health of contractors'employees.

VPP Federal Register Notice of July 24, 2000Managers 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 andhealth protection.

W C t D It


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We Cant Do It --But Were Already Doing It!

Air Force VPP Implementation and Contracting Activities (April 09)

Navy NAVFAC Inst 5100.11J NAVFAC Safety and Health Program

Army EM 385-1-1, Safety and Health Requirements Manual

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


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Air Force VPP Contracting Guide

The contracting officer shall include in the solicitation arequirement for offerors to submit their 3-yr TCIR and DARTrates as part of their proposal. The TCIR and DART rateswill be considered during the contractor selection process.

The TCIR and DART rates are compared to the mostrecently published Bureau of Labor Statistics (BLS) nationalaverage for the Standard Industrial Classification code (SIC)or North American Industrial Classification Systems(NAICS) code for the applicable industry, as identified in thesolicitation. Where feasible, consider including these ratesas a stand-alone source selection factor or as an element ofthe past performance evaluation assessment.


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Generally, requirements documents will include:

The VPP URL, http://www.osha.gov/dcsp/vpp/index.html anddirect offerors to the web site to ensure they understand VPP.

A requirement for the applicable contractor to submit a safety andhealth 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.

A requirement to submit contractor TCIR/DART rates and OSHAForm 300A to the contracting officer by the 15th of January ofeach year.

A requirement for the contractors QC Plan to identify procedures

the contractor will use to track compliance with their Safety andHealth Plan, and to correct violations.
http://www.osha.gov/dcsp/vpp/index.htmlhttp://www.osha.gov/dcsp/vpp/index.html


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The contractor shall:

Comply with the specific health and safety requirements identified inthis PWS, as well as OSHA;

Comply with the health and safety rules of the Governmentinstallation that concern related activities not directly addressed inthis PWS;

Take all reasonable steps and precautions to prevent accidents andpreserve the health and safety of contractor and Governmentpersonnel performing or in any way coming in contact with theperformance of this requirement; and

Take additional immediate precautions identified by the contracting

officer for health and safety purposes.

Violations of these health and safety rules and requirements are to bepromptly corrected as directed by the contracting officer. Failure tocorrect will be grounds for termination of the contract.


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Army Corps of Engineers EM 385-1-1

Applies to construction contracts under the provisionsof FAR Clause 52.236-13, and to service, supply, andR&D contracts unless technical and S&Hrepresentatives advise that special precautions are

not appropriate due to extremely limited scope ofservices.

1045 pages total - provides for abbreviated accidentprevention plans for smaller contracts.

Often used/referenced by other services.


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Army Corps of Engineers EM 385-1-1

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.

Much much more.


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NAVFAC Instruction 5100.11J

Use of EM 385-1-1, FAR Clauses, and NAVFAC GuideSpecification 01525 in contract documents, and hiring of highquality safe contractors minimizes disruption of client operationsdue to mishaps. Lessons learned through investigation ofcontractor mishaps helps prevent future occurrences of similar

mishaps. Periodic project safety oversight should be performedas necessary to ensure compliance with contract requirements,but periodic safety inspections of contractor worksites are theresponsibility of the contractor.

Contractors past safety and health performance should be

included as an element of Past Performance Evaluation. Eachofferor may be requested to provide: OSHA incidence/severityrates for the last 3 years; federal/state OSHA citations for the last3 years; Offerors safety and health quality control program.


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NAVFAC Instruction 5100.11J

Each EFD/EFA/OICC requires a safety manager competent in

OSHA and Army Corps of Engineers construction safetydisciplines. A member of each Field Office shall serve as safetycoordinator and complete appropriate competency training. Thesafety coordinator is responsible to work with the cognizantEFD/EFA safety manager to ensure necessary S&Hrequirements/resources provided (e.g., training, PPE, workplaceinspections, medical surveillance, contract review).

Recordable mishaps shall be investigated and a report submittedby the prime contractor to the Contracting Officer.

The FAR clause 52.236-13, Accident Prevention, shall beinserted in construction contracts when the contract amountexceeds the simplified acquisition threshold (normally $100K) . . .and for facilities services contracts when appropriate.


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US Army Garrison Fort Detrick, MD

March 2009 On-site recommended for Merit Contractor Issues

Key changes in contractor management (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

Report accidents in writing within 4 hours


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US Army Garrison Fort Detrick, MD

Key changes in contractor management (cont.)

Increased oversight by CORs

Safety training of CORs (10 hour course)

Unannounced spot checks by site Safety Office, and

Allow Safety Office to report problems directly Contracting

Officer rather than strictly through CORs

December 2009 Return Visit Approved for StarThe (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 hasto the Contracting Officer will remove any sole reliance on COR actionto put the appropriate action in motion. The Commander is totallysupportive of . . . the shutting down of a work site/operation until thehazard is abated.


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The Dilemma

The Services can address contractor safety, and already do so inmany 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 Contracting Officer provides oversight and requirescontractor action when needed

COR oversight confirms conformance to the contract and the

contractors 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 contractorexcept in cases of imminent danger.


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Thank You !!

Documents

Contractors and VPP