Common use of JSC Hazardous Materials Use Clause in Contracts

JSC Hazardous Materials Use. {Prime contract H.39} This clause applies to contracts under which hazardous materials will be utilized, or may reasonably be expected to be utilized, onsite at Xxxxxxx Space Center (JSC). 1. This clause is JSC-unique, and the requirements are in addition to any U.S. Environmental Protection Agency, U.S. Occupational Safety and Health Administration, or other state or federal regulation or statute. Therefore, the following requirements do NOT supercede any statutory or regulatory requirements for any entity subject to this clause. 2. “Hazardous materials,” for the purposes of this clause, consist of the following: (a) Those materials defined as “highly hazardous chemicals” in the Occupational Safety and Health Administration Process Safety Management Regulation, 29 C.F.R. 1910.119, without regard to quantity. (b) Those “extremely hazardous substances” subject to the emergency planning requirements in the Environmental Protection Agency Emergency Planning and Community Right-to-Know Regulation, 40 C.F.R. Part 355, without regard for quantity. (c) Those “hazardous substances” subject to the release notification requirements under Environmental Protection Agency Emergency Planning and Community Right-to-Know Regulation, 40 C.F.R. 302.4, without regard for quantity. (d) Any radioisotope material or device that produces ionizing radiation. (e) Any Class II, III, or IV laser as defined by the American National Standards Institute No. Z136.1 (1986) (f) Any explosive or any pyrotechnics. (g) Any pesticide. 3. Seller shall develop and maintain an inventory list of the identity and quantity of hazardous materials stored or used onsite at JSC for the performance of this contract. 4. Seller shall ensure that the proper training of its employees in the use and inherent hazards of these materials is accomplished prior to use. 5. Seller shall notify the JSC Occupational Health and Test Support Office (SD13) prior to any initial use or different application of these materials. 6. Seller shall use all hazardous materials properly and take all necessary precautions to ensure no harm is done to humans or the environment. 7. Seller shall insert the substance of this clause, including this paragraph 7, with appropriate changes of designations of the parties, in subcontracts under which hazardous materials will be utilized, or may reasonably be expected to be utilized, onsite at JSC. 8. In the event Seller fails or refuses to comply with any aspect of this clause, such failure or refusal may be considered a material breach of this contract.

JSC Hazardous Materials Use. {Prime contract H.39} This clause applies to contracts under which hazardous materials will be utilized, or may reasonably be expected to be utilized, onsite at Xxxxxxx Space Center (JSC). 1. This clause is JSC-unique, and the requirements are in addition to any U.S. Environmental Protection Agency, U.S. Occupational Safety and Health Administration, or other state or federal regulation or statute. Therefore, the following requirements do NOT supercede any statutory or regulatory requirements for any entity subject to this clause. 2. “Hazardous materials,” for the purposes of this clause, consist of the following: (a) Those materials defined as “highly hazardous chemicals” in the Occupational Safety and Health Administration Process Safety Management Regulation, 29 C.F.R. 1910.119, without regard to quantity. (b) Those “extremely hazardous substances” subject to the emergency planning requirements in the Environmental Protection Agency Emergency Planning and Community Right-to-to- Know Regulation, 40 C.F.R. Part 355, without regard for quantity. (c) Those “hazardous substances” subject to the release notification requirements under Environmental Protection Agency Emergency Planning and Community Right-to-Know Regulation, 40 C.F.R. 302.4, without regard for quantity. (d) Any radioisotope material or device that produces ionizing radiation. (e) Any Class II, III, or IV laser as defined by the American National Standards Institute No. Z136.1 (1986) (f) Any explosive or any pyrotechnics. (g) Any pesticide. 3. Seller shall develop and maintain an inventory list of the identity and quantity of hazardous materials stored or used onsite at JSC for the performance of this contract. 4. Seller shall ensure that the proper training of its employees in the use and inherent hazards of these materials is accomplished prior to use. 5. Seller shall notify the JSC Occupational Health and Test Support Office (SD13) prior to any initial use or different application of these materials. 6. Seller shall use all hazardous materials properly and take all necessary precautions to ensure no harm is done to humans or the environment. 7. Seller shall insert the substance of this clause, including this paragraph 7, with appropriate changes of designations of the parties, in subcontracts under which hazardous materials will be utilized, or may reasonably be expected to be utilized, onsite at JSC. 8. In the event Seller fails or refuses to comply with any aspect of this clause, such failure or refusal may be considered a material breach of this contract.