Common use of OSHA Compliance Clause in Contracts

OSHA Compliance. Contractor agrees to fully comply with the Occupational Safety and Health Act (OSHA) of 1970 and any and all regulations issued pursuant thereto, and shall meet the following requirements with regard to such OSHA compliance: 10.15.2.1.1 As a term and condition of this Agreement, Contractor shall keep and save Owner harmless from any claims or charges of any kind by reason of Contractor failing to fully comply with the Occupational Safety and Health Act of 1970 and the regulations thereto. Contractor agrees to reimburse Owner for any fines, damages, or expenses of any kind incurred by Owner by reason of Contractor’s failure to comply. 10.15.2.1.2 It will be a requirement of this Agreement that Contractor must have a safety program and will abide by the safety standards of OSHA. Any fines levied by OSHA to Owner resulting from violations of the OSHA standards by Contractor will be deducted from payment for work performed. 10.15.2.1.3 Contractor will hold a weekly safety meeting and provide reports of the topics discussed to Owner, if requested. Contractor will make available on request of Owner evidence of not less than a weekly scheduled safety inspection performed by a competent person for the time in which the aforesaid Contractor is on the job to the extent of their work only. 10.15.2.1.4 Contractor agrees that if in the performance of this Agreement, it becomes necessary, convenient, advisable to remove, replace or interfere with any safety device or controls installed by Owner or another Contractor, Contractor shall notify and obtain the written authorization from Owner to remove, replace or interfere with any safety device or controls. Contractor will replace or restore such devices or controls at its own expense as soon as possible to maintain the effectiveness of such safety device or control, and not less than on a daily basis. In the event that safety devices or controls are not replaced or restored, Contractor agrees to reimburse Owner for doing so. (Safety devices herein are defined as handrails, temporary fencing, barricades, traffic control devices, etc.). 10.15.2.1.5 Contractor shall set up, arrange, coordinate and obtain all inspections for their work, as required by any authorized agency or applicable code. Arrangements for the inspection of any area, system, equipment, etc. needing testing or inspection prior to being covered up must be made by Contractor in sufficient time to allow for inspection, and Contractor shall not cover-up any area until the inspections are complete. 10.15.2.1.6 A Work Plan may be required by Owner outlining the step-by-step procedures that are necessary to accomplish the installation, including all safety considerations. 10.15.2.1.7 Contractor hereby verifies that he has notified Owner in writing of any hazardous chemicals or mixtures containing one or more hazardous chemicals which are to be provided under this Agreement. “Hazardous Chemicals” are defined as “Any chemical which is a physical hazard or health hazard.” For each item to be provided by Contractor under this Agreement which is identified as a hazardous chemical, Contractor shall provide a MSDS sheet to Owner. 10.15.2.1.8 Contractor shall be solely responsible for the health and safety of its employees, agents, subcontractors and representatives. In addition, Contractor shall take all necessary and prudent safety precautions with respect to its work and shall fully and timely comply with all safety programs initiated by Owner, as well as with all applicable laws, ordinances, rules, permits, regulations and orders of any public authority for the safety of persons or property. Owner is not responsible in any manner for the safety of Contractor’s work or its employees, agents or representatives. 10.15.2.1.9 If Contractor fails to correct any procedures, acts or conditions which Owner believes are unsafe within an eight (8) hour period of written notification by Owner, or any public authority, Owner may (but has no contractual obligation to do so) correct the unsafe practice and charge Contractor for all costs, direct and indirect, for correction, plus ten percent (10%) for overhead, ten percent (10%) for profit and twenty percent (20%) for a safety premium. This specifically includes, but is not limited to, the cleanup of construction debris and the replacement or installation of railings or barricades. Contractor’s repeated failures to timely and satisfactorily correct unsafe procedures, acts or conditions as aforesaid shall constitute a material default upon which a termination may be based without any further or additional notice to Contractor.

OSHA Compliance. Contractor agrees to fully comply with the Occupational Safety and Health Act (OSHA) of 1970 and any and all regulations issued pursuant thereto, and shall meet the following requirements with regard to such OSHA compliance: 10.15.2.1.1 As a term and condition of this Agreement, Contractor shall keep and save Owner harmless from any claims or charges of any kind by reason of Contractor failing to fully comply with the Occupational Safety and Health Act of 1970 and the regulations thereto. Contractor agrees to reimburse Owner for any fines, damages, or expenses of any kind incurred by Owner by reason of Contractor’s failure to comply. 10.15.2.1.2 It will be a requirement of this Agreement that Contractor must have a safety program and will abide by the safety standards of OSHA. Any fines levied by OSHA to Owner resulting from violations of the OSHA standards by Contractor will be deducted from payment for work performed. 10.15.2.1.3 Contractor will hold a weekly safety meeting and provide reports of the topics discussed to Owner, if requested. Contractor will make available on request of Owner evidence of not less than a weekly scheduled safety inspection performed by a competent person for the time in which the aforesaid Contractor is on the job to the extent of their work only. 10.15.2.1.4 Contractor agrees that if in the performance of this Agreement, it becomes necessary, convenient, advisable to remove, replace or interfere with any safety device or controls installed by Owner or another Contractor, Contractor shall notify and obtain the written authorization from Owner to remove, replace or interfere with any safety device or controls. Contractor will replace or restore such devices or controls at its own expense as soon as possible to maintain the effectiveness of such safety device or control, and not less than on a daily basis. In the event that safety devices or controls are not replaced or restored, Contractor agrees to reimburse Owner for doing so. (Safety devices herein are defined as handrails, temporary fencing, barricades, traffic control devices, etc.). 10.15.2.1.5 Contractor shall set up, arrange, coordinate and obtain all inspections for their work, as required by any authorized agency or applicable code. Arrangements for the inspection of any area, system, equipment, etc. needing testing or inspection prior to being covered up must be made by Contractor in sufficient time to allow for inspection, and Contractor shall not cover-up cover‐up any area until the inspections are complete. 10.15.2.1.6 A Work Plan may be required by Owner outlining the step-by-step step‐by‐step procedures that are necessary to accomplish the installation, including all safety considerations. 10.15.2.1.7 Contractor hereby verifies that he has notified Owner in writing of any hazardous chemicals or mixtures containing one or more hazardous chemicals which are to be provided under this Agreement. “Hazardous Chemicals” are defined as “Any chemical which is a physical hazard or health hazard.” For each item to be provided by Contractor under this Agreement which is identified as a hazardous chemical, Contractor shall provide a MSDS sheet to Owner. 10.15.2.1.8 Contractor shall be solely responsible for the health and safety of its employees, agents, subcontractors and representatives. In addition, Contractor shall take all necessary and prudent safety precautions with respect to its work and shall fully and timely comply with all safety programs initiated by Owner, as well as with all applicable laws, ordinances, rules, permits, regulations and orders of any public authority for the safety of persons or property. Owner is not responsible in any manner for the safety of Contractor’s work or its employees, agents or representatives. 10.15.2.1.9 If Contractor fails to correct any procedures, acts or conditions which Owner believes are unsafe within an eight (8) hour period of written notification by Owner, or any public authority, Owner may (but has no contractual obligation to do so) correct the unsafe practice and charge Contractor for all costs, direct and indirect, for correction, plus ten percent (10%) for overhead, ten percent (10%) for profit and twenty percent (20%) for a safety premium. This specifically includes, but is not limited to, the cleanup of construction debris and the replacement or installation of railings or barricades. Contractor’s repeated failures to timely and satisfactorily correct unsafe procedures, acts or conditions as aforesaid shall constitute a material default upon which a termination may be based without any further or additional notice to Contractor.