Common use of Confined Spaces Clause in Contracts

Confined Spaces. a) Seller must provide all of its employees/attendants (hole watchers) who enter confined spaces with rescue and emergency equipment, continuous atmospheric monitoring instruments, respirators, fire extinguishers, and any other equipment required by OSHA or MSHA as appropriate. b) All project confined spaces are to be considered “permit-required” and will not be entered unless a permit is signed by BE&K or the Purchaser. c) If a Seller employee enters a permit-required confined space, Subcontractor must have an on-site trained rescue force available as specified by OSHA or MSHA as appropriate, or have arranged for that service from the client/owner or an outside service company. Seller must check to see if rescue forces from the fire department will be on hand and include training, equipping, and the standby of rescue personnel for its personnel who may enter permit-required confined spaces. d) If BE&K personnel are also in the confined space, BE&K will conduct continuous atmospheric monitoring. When there is no BE&K personnel in the space, the Subcontractor is required to perform initial and continuous atmospheric monitoring.

Confined Spaces. a) Seller must provide all of its employees/attendants (hole watchers) who enter confined spaces with rescue and emergency equipment, continuous atmospheric monitoring instruments, respirators, fire extinguishers, and any other equipment required by OSHA or MSHA as appropriate. b) All project confined spaces are to be considered “permit-required” and will not be entered unless a permit is signed by BE&K or the Purchaser. c) If a Seller employee enters a permit-required confined space, Subcontractor must have an on-site trained rescue force available as specified by OSHA or MSHA as appropriate, or have arranged for that service from the client/owner or an outside service company. Seller must check to see if rescue forces from the fire department will be on hand and include training, equipping, and the standby of rescue personnel for its personnel who may enter permit-required confined spaces. d) If BE&K personnel are also in the confined space, BE&K will conduct continuous atmospheric monitoring. When there is no BE&K personnel in the space, the Subcontractor is required to perform initial and continuous atmospheric monitoring.. 3 (Subcontractor Safety, Health and Environment Requirements, Rev. 7-12-06) Exhibit 10.50(a) to Form 10-Q for the Quarter Ended September 30, 2008 filed by ADA-ES, Inc. (File No. 000-50216) on November 7, 2008

Confined Spaces. a) Seller must provide all of its employees/attendants (hole watchers) who enter confined spaces with rescue and emergency equipment, continuous atmospheric monitoring instruments, respirators, fire extinguishers, and any other equipment required by OSHA or MSHA as appropriate. b) All project confined spaces are to be considered “permit-required” and will not be entered unless a permit is signed by BE&K or the Purchaser. c) If a Seller employee enters a permit-required confined space, Subcontractor must have an on-site trained rescue force available as specified by OSHA or MSHA as appropriate, or have arranged for that service from the client/owner or an outside service company. Seller must check to see if rescue forces from the fire department will be on hand and include training, equipping, and the standby of rescue personnel for its personnel who may enter permit-required confined spaces. d) If BE&K personnel are also in the confined space, BE&K will conduct continuous atmospheric monitoring. When there is no BE&K personnel in the space, the Subcontractor is required to perform initial and continuous atmospheric monitoring.. Exhibit 10.50(d) to Form 10-Q for the Quarter Ended September 30, 2008 filed by ADA-ES, Inc. (File No. 000-50216) on November 7, 2008

Confined Spaces. a) Seller must provide all of its employees/attendants (hole watchers) who enter confined spaces with rescue and emergency equipment, continuous atmospheric monitoring instruments, respirators, fire extinguishers, and any other equipment required by OSHA or MSHA as appropriate. b) All project confined spaces are to be considered “permit-required” and will not be entered unless a permit is signed by BE&K or the Purchaser. c) If a Seller employee enters a permit-required confined space, Subcontractor must have an on-site trained rescue force available as specified by OSHA or MSHA as appropriate, or have arranged for that service from the client/owner or an outside service company. Seller must check to see if rescue forces from the fire department will be on hand and include training, equipping, and the standby of rescue personnel for its personnel who may enter permit-required confined spaces. d) If BE&K personnel are also in the confined space, BE&K will conduct continuous atmospheric monitoring. When there is no BE&K personnel in the space, the Subcontractor is required to perform initial and continuous atmospheric monitoring.. Exhibit 10.50(c) to Form 10-Q for the Quarter Ended September 30, 2008 filed by ADA-ES, Inc. (File No. 000-50216) on November 7, 2008

Confined Spaces. a) Seller must provide all of its employees/attendants (hole watchers) who enter confined spaces with rescue and emergency equipment, continuous atmospheric monitoring instruments, respirators, fire extinguishers, and any other equipment required by OSHA or MSHA as appropriate. b) All project confined spaces are to be considered “"permit-required” " and will not be entered unless a permit is signed by BE&K or the Purchaser. c) If a Seller employee enters a permit-required confined space, Subcontractor must have an on-site trained rescue force available as specified by OSHA or MSHA as appropriate, or have arranged for that service from the client/owner or an outside service company. Seller must check to see if rescue forces from the fire department will be on hand and include training, equipping, and the standby of rescue personnel for its personnel who may enter permit-required confined spaces. d) If BE&K personnel are also in the confined space, BE&K will conduct continuous atmospheric monitoring. When there is no Exhibit 10.50(b) to Form 10-Q for the Quarter Ended September 30, 2008 filed by ADA-ES, Inc. (File No. 000-50216) on November 7, 2008 BE&K personnel in the space, the Subcontractor is required to perform initial and continuous atmospheric monitoring.