Common use of OSHA and Other Laws Clause in Contracts

OSHA and Other Laws. Contractor shall give notices and comply with all applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss, including the Occupational Safety and Health Act (“OSHA”) and the Americans with Disabilities Act. (a) Contractor represents that it is familiar with the Site, the Services to be performed, the Equipment to be provided, the Project to which the Equipment will be a part, the hazards of the Work, and, if applicable, the Material Safety Data Sheets for, and the hazards of, the Hazardous Materials or hazardous chemicals that Contractor is expected to provide. Contractor acknowledges that Material Safety Data Sheets of all chemicals located at the Site are available to Contractor’s employees upon a request made to Owner’s Project Director, or other safety representative of Owner at the Site. Contractor also represents that it is familiar with the labeling system used in the workplace. (b) Contractor acknowledges that OSHA and regulatory standards or State plan equivalent (collectively, the “OSHA Standards”) require that its employees be trained in various subjects, such as, but not limited to, the hazards of, and standards applicable to, the Work (29 C.F.R. § 1926.21(b)(2)) (applicable to construction work), lockout/tagout (29 C.F.R. § 1910.147), confined space entry (29 C.F.R. §§ 1926.21(b)(6) or 1910.146), and asbestos (29 C.F.R. §§ 1910.1001 or 1926.1101). Contractor warrants that its employees and their supervisors have been trained in accordance with all applicable OSHA Standards, and that they have been trained to recognize and avoid any hazards related to the Work, and to perform the Services safely and without danger to any employee or to any property. (c) Contractor represents that its employees are or will be equipped with the personal protective equipment required by applicable OSHA Standards in 29 C.F.R. Parts 1926 and 1910, and with the personal protective equipment required to protect its employees against other serious health or safety hazards. Contractor agrees that it shall discipline its employees who violate any OSHA Standards or applicable Laws in accordance with its own policies and procedures. (d) Contractor represents that it will comply with all OSHA Standards applicable to the Work, including those requiring pre-employment testing of employees, such as but not limited to, pulmonary testing, blood testing, urine testing, hearing testing, respirator fit testing, drug screening, and/or applicable medical surveillance testing. (e) Contractor shall fully comply with its safety programs and/or any Site specific safety plans which Owner has reviewed and accepted. (f) Within twenty four (24) hours of a request, or as soon as possible, and to the extent permitted by applicable Law, Contractor shall provide copies of any and a11 training for its employees concerning any safety and health standard, any substantive or technical training requirement of the Work or the results of any occupational testing to Owner.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Duke Energy Carolinas, LLC), Engineering, Procurement and Construction Agreement (Duke Energy CORP)

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OSHA and Other Laws. Contractor shall give notices and comply with all applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss, including the Occupational Safety and Health Act (“OSHA”) and the Americans with Disabilities Act. (ai) Contractor represents that it is familiar with the SiteSite and its vicinity, the Services Work to be performed, the Equipment to be provided, the Project Facility to which the Equipment will be a part, the hazards of the Work, and, if applicable, the Material Safety Data Sheets for, and the hazards of, the Hazardous Materials or hazardous chemicals that Contractor is expected to provide. Contractor acknowledges that Material Safety Data Sheets of all chemicals located at the Site are available to Contractor’s employees Contractor Workers upon a request made to Owner’s Project Director, Manager or other safety representative of Owner at the Site. Contractor also represents that it is familiar with the labeling system used in the workplace. (bii) Contractor acknowledges that OSHA OSHA, its regulations and regulatory standards or the State plan equivalent equivalents (collectively, the “OSHA Standards”) require that its employees Contractor Workers be trained in various subjects, such as, but not limited to, the hazards of, and standards applicable to, the Work (29 C.F.R. § 1926.21(b)(2)) (applicable to construction work), lockout/tagout (29 C.F.R. § 1910.147), confined space entry (29 C.F.R. §§ 1926.21(b)(6) or 1910.146), and asbestos (29 C.F.R. §§ 1910.1001 or 1926.1101). Contractor warrants shall ensure that its employees and their supervisors any person performing any Work shall have been trained trained, prior to performing such Work, in accordance with all applicable OSHA Standards, and that they have been trained Standards as well as to recognize and avoid any hazards related to the Work, Work and to perform the Services Work safely and without danger to any employee person or to any property. (ciii) Contractor represents shall ensure that its employees are or will be equipped each Contractor Worker shall have been equipped, prior to performing any Work, with the personal protective equipment required by applicable OSHA Standards in 29 C.F.R. Parts 1926 and 1910, and with the personal protective equipment required to protect its employees Contractor Workers against other serious health or safety hazards. Contractor agrees that it shall discipline its employees any Contractor Worker who violate violates any OSHA Standards or other applicable Laws in accordance with its own policies and procedures. (div) Contractor represents that it will shall comply with all OSHA Standards applicable to the Work, including those requiring pre-employment testing of employees, such as but not limited to, including pulmonary testing, 302093599 v11 blood testing, urine testing, hearing testing, respirator fit testing, drug screening, and/or applicable medical surveillance testing. (ev) Contractor shall fully comply with its safety programs and/or any Site specific safety plans which Owner has reviewed and accepted. (fvi) Within twenty twenty-four (24) hours of a request, or as soon as possible, request by Owner and to the extent permitted by applicable Law, Contractor shall provide Owner with copies of any and a11 all training for its employees Contractor Workers concerning any safety and health standard, any substantive or technical training requirement of the Work job or the results of any occupational testing to Ownertesting.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Progress Energy Inc)

OSHA and Other Laws. Contractor shall give notices and comply with all applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss, including the Occupational Safety and Health Act (“OSHA”) and the Americans with Disabilities Act. (ai) Contractor represents that it is familiar with the SiteSite and its vicinity, the Services Work to be performed, the Equipment to be provided, the Project Facility to which the Equipment will be a part, the hazards of the Work, and, if applicable, the Material Safety Data Sheets for, and the hazards of, the Hazardous Materials or hazardous chemicals that Contractor is expected to provide. Contractor acknowledges that Material Safety Data Sheets of all chemicals located at the Site are available to Contractor’s employees Contractor Workers upon a request made to Owner’s Project Director, Director or other safety representative of Owner at the Site. Contractor also represents that it is familiar with the labeling system used in the workplace. (bii) Contractor acknowledges that OSHA OSHA, its regulations and regulatory standards or the State plan equivalent equivalents (collectively, the “OSHA Standards”) require that its employees Contractor Workers be trained in various subjects, such as, but not limited to, the hazards of, and standards applicable to, the Work (29 C.F.R. § 1926.21(b)(2)) (applicable to construction work), lockout/tagout (29 C.F.R. § 1910.147), confined space entry (29 C.F.R. §§ 1926.21(b)(6) or 1910.146), and asbestos (29 C.F.R. §§ 1910.1001 or 1926.1101). Contractor warrants shall ensure that its employees and their supervisors any person performing any Work shall have been trained trained, prior to performing such Work, in accordance with all applicable OSHA Standards, and that they have been trained Standards as well as to recognize and avoid any hazards related to the Work, Work and to perform the Services Work safely and without danger to any employee person or to any property. (ciii) Contractor represents shall ensure that its employees are or will be equipped each Contractor Worker shall have been equipped, prior to performing any Work, with the personal protective equipment required by applicable OSHA Standards in 29 C.F.R. Parts 1926 and 1910, and with the personal protective equipment required to protect its employees Contractor Workers against other serious health or safety hazards. Contractor agrees that it shall discipline its employees any Contractor Worker who violate violates any OSHA Standards or other applicable Laws in accordance with its own policies and procedures. (div) Contractor represents that it will shall comply with all OSHA Standards applicable to the Work, including those requiring pre-employment testing of employees, such as but not limited to, including pulmonary testing, blood testing, urine testing, hearing testing, respirator fit testing, drug screening, and/or applicable medical surveillance testing. (ev) Contractor shall fully comply with its safety programs and/or any Site specific safety plans which Owner has reviewed and accepted. (fvi) Within twenty twenty-four (24) hours of a request, or as soon as possible, request by Owner and to the extent permitted by applicable Law, Contractor shall provide Owner with copies of any and a11 all training for its employees Contractor Workers concerning any safety and health standard, any substantive or technical training requirement of the Work job or the results of any occupational testing testing. (vii) Contractor shall notify Owner of any regulatory agency inspection occurring while performing Work. Contractor shall notify Owner within five (5) Business Days after receipt of any written OSHA citation for Work performed hereunder for Owner and shall provide written follow-up actions taken by Contractor to Owneraddress the concerns and issues upon which such citation was based.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement

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OSHA and Other Laws. Contractor shall give notices and comply with all applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss, including the Occupational Safety and Health Act (“OSHA”) and the Americans with Disabilities Act. (a) Contractor represents that it is familiar with the Site, the Services to be performed, the Equipment to be provided, the Project to which the Equipment will be a part, the hazards of the Work, and, if applicable, the Material Safety Data Sheets for, and the hazards of, the Hazardous Materials or hazardous chemicals that Contractor is expected to provide. Contractor acknowledges that Owner has Material Safety Data Sheets of for all Owner chemicals located at the Site are and shall make such MSDS available to Contractor’s employees Contractor or its Subcontractors upon a request made to Owner’s Project Director, or other safety representative of Owner at the Site. Contractor also represents that it is familiar with the labeling system used in the workplace. (b) Contractor acknowledges that OSHA and regulatory standards or State plan equivalent (collectively, the “OSHA Standards”) require that its employees be trained in various subjects, such as, but not limited to, the hazards of, and standards applicable to, the Work (29 C.F.R. § 1926.21(b)(2)) (applicable to construction work), lockout/tagout (29 C.F.R. § 1910.147), confined space entry (29 C.F.R. §§ 1926.21(b)(6) or 1910.146), and asbestos (29 C.F.R. §§ 1910.1001 or 1926.1101). Contractor warrants that its employees and their supervisors have been trained in accordance with all applicable OSHA Standards, and that they have been trained to recognize and avoid any hazards related to the Work, and to perform the Services safely and without danger to any employee or to any property. (c) Contractor represents that its employees are or will be equipped with the personal protective equipment required by applicable OSHA Standards in 29 C.F.R. Parts 1926 and 1910, and with the personal protective equipment required to protect its employees against other serious health or safety hazards. Contractor agrees that it shall discipline its employees who violate any OSHA Standards or applicable Laws in accordance with its own policies and procedures. (d) Contractor represents that it will comply with all OSHA Standards applicable to the Work, including those requiring pre-employment testing of employees, such as but not limited to, pulmonary testing, blood testing, urine testing, hearing testing, respirator fit testing, drug screening, and/or applicable medical surveillance testing. (e) Contractor shall fully comply with its safety programs and/or any Site specific safety plans which Owner has reviewed and accepted. (f) Within twenty four (24) hours of a request, or as soon as possible, and to the extent permitted by applicable Law, Contractor shall provide copies of any and a11 training for its employees concerning any safety and health standard, any substantive or technical training requirement of the Work or the results of any occupational testing to Owner.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Duke Energy CORP)

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