Common use of Compliance with Laws; Safety Clause in Contracts

Compliance with Laws; Safety. SELLER shall comply with all federal, state, county, municipal departments, bureaus, boards, agencies, offices, commissions, and other subdivisions thereof, or of any official thereof, or of any governmental, public or quasi-public authority, whether now or hereafter in effect, which may be applicable to the Work, or any part thereof, without limitation, the Occupational Safety and Health Act (29 U.S.C. a. SELLER will ensure that its affiliates, including any subcontractors retained directly or indirectly by SELLER and Seller Affiliates entering COMPANY’S facility have received COMPANY’S Site Specific Hazard Awareness Training and has an up-to-date Mine Safety & Health Administration (“MSHA”) training. b. SELLER will use properly trained, qualified personnel and incorporate safeguards, rules and procedures which will minimize the risk of any personal injury to COMPANY'S employees, Seller Affiliates or others at COMPANY'S facilities, and the loss of, or damage to, COMPANY'S property and equipment during the performance of the matters contemplated by this Contract. Upon COMPANY’S request SELLER will furnish COMPANY documentation of training of all Seller Affiliates with respect to: a) applicable safety laws and regulations, and b) for each piece of equipment to be operated in connection with the Work. c. Prior to beginning the Work, SELLER and Seller Affiliates must complete (a) COMPANY’S Site Specific Safety Plan, (b) Site Specific Hazard Awareness Training; and (c) COMPANY Daily Pre-Shift Safety & Hazard Analysis Meeting and any other applicable programs. SELLER and Seller Affiliates shall comply with all health and safety instructions and terms identified in the aforementioned plans and checklists. d. SELLER and Seller Affiliates will use safety equipment, tools and devices that are required/provided for the Work and conduct themselves in a way which assures the health and safety of themselves, their fellow employees and/or any other persons at COMPANY’S facilities. e. SELLER shall provide all safety equipment necessary to protect Seller Affiliates and all persons affected by the Work. This obligation shall include, without limitation, all necessary safety devices, guard rails, barricades, guards, fencing, temporary roads, footpaths, warning signs, lighting, watching, signalmen, traffic flagging, flagmen, personal protective equipment, clothing and removal of obstructions. SELLER must ensure that all equipment used by Seller Affiliates is inspected prior to use. Any defective equipment must be corrected or taken out of service. Documentation of inspections must be maintained by SELLER and is subject to inspection by COMPANY upon request. f. SELLER shall be responsible for enforcing safety requirements and standards with respect to itself and Seller Affiliates and will hold safety meetings on a bi-weekly basis. g. SELLER Affiliates’ safety and health is the responsibility of the SELLER. COMPANY is entitled to inspect and audit the compliance of SELLER with the safety obligations provided in this Contract. Failure by SELLER or Seller Affiliates to comply with applicable safety regulations will constitute a material breach of this Contract. h. All tools and equipment used in connection with the Work must be supplied by SELLER or Seller Affiliates. SELLER must ensure that all equipment, machinery, tools or devices that it or Seller Affiliates brings to the project site are in good and safe repair and that workers who operate the equipment are fully trained and qualified to operate them in a safe manner at all times. i. Personal protective equipment (“PPE”) is the sole responsibility of SELLER and Seller Affiliates. It is the sole responsibility of SELLER and Seller Affiliates to determine the level of PPE needed. SELLER and Seller Affiliates are responsible for conducting any required hazard assessments including air monitoring, noise assessments, or other industrial hygiene services related to the Work. j. SELLER shall notify COMPANY immediately of any accident or incident on COMPANY’S premises or work site, or of any orders or notices issued by statutory or regulatory authorities with respect to the workplace. SELLER shall provide to COMPANY a completed incident investigation report for any incident upon request. k. SELLER shall provide COMPANY all required monthly OSHA and/or MSHA data by no later than 5 P.M. on the first working day of each month. This data shall include actual hours worked at the applicable COMPANY location during the immediately preceding month, number of contractor employees and sub- contractors present on site during that month, and MSHA incident detail including number, type and severity of incidents.