HSSE Standard Terms and Conditions 12 06 2012

8/10/2019 HSSE Standard Terms and Conditions 12 06 2012

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HSSE Contractor Management Approved: Plmacher Issue date 30.09.2010

Document : P 7.1 Revision: 1 Page 1 of 9

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 theHSSE 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 project-

specific 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 thecountry of operation, and accepted good industry practice (i.e. Renewables UK, AWEA or equivalent

guidelines).


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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) w orking 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 HSSEImprovement 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 entitledto receive any suspended milestone payments from the Employer.


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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:


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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 correctiveaction. The Employer shall provide adequate and suitable communications for contacting the emergency

services.


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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 conflictbetween 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


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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


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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 besegregated 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 Sitehave 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:


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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.


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HSSE Standard Terms and Conditions 12 06 2012