Common use of PSP Safety Clause in Contracts

PSP Safety. PSP and all PSP personnel conducting work or Services for TFC shall abide by all OSHA rules and regulations provided by the Department of Labor, OSHA, Code of Federal Regulations, Chapter 29. Employees of PSP and Subcontractors shall be trained in accordance with Chapter 29, Occupational Safety and Health Regulations. 5.2.4.1. PSP and Subcontractors shall inform the TFC Project Manager(s) of their Hazardous Electrical Energy Control, Lockout/Tag-out Procedure. PSP’s procedure must meet or exceed TFC’s procedure as determined by the TFC Project Manager(s). 5.2.4.2. Work shall not be done on energized electrical circuits, components or equipment. When de-energizing is impractical due to possible harm to personnel, equipment or facility damage, negative onsite or offsite environmental impact, or business interruption, PSP must follow OSHA requirements as detailed in OSHA Regulations 1910.331 – 1910.399. 5.2.4.3. TFC, in its sole discretion, may at any time order in writing a temporary stand-down of PSP’s performance of the Services (“Safety Stand-Down Order”) as a result of any one or more Safety Incidents, whereupon PSP shall immediately direct all PSP Personnel to stop all Services while PSP conducts a comprehensive review of PSP’s safety management plan and any Site conditions affecting safety at any Project Site, for the purpose of (i) identifying any safety hazards and unsafe working conditions; (ii) conducting safety training of PSP Personnel involved in performance of the Services who were or may have been exposed to harm in connection with such Safety Incident(s); and (iii) taking any corrective action that PSP determines to be necessary and appropriate to fulfill its obligations in accordance with this Agreement. Upon receipt of TFC’s Safety Stand-Down Order, PSP shall not resume performance of the Services until it has issued to TFC a written report, which shall be due within forty-eight (48) hours of the receipt of TFC’s Safety Stand-Down Order, detailing the course of action that PSP has taken, or plans to take, to resolve the Safety Incident(s) described therein, and to prevent the recurrence thereof. After reviewing such course of action with TFC, PSP shall, in the exercise of PSP’s reasonable judgment, propose the date by which PSP will complete all corrective action. Services shall resume only upon TFC’s delivery of further written notice to PSP withdrawing TFC’s Safety Stand-Down Order, which notice of withdrawal shall not be issued until TFC is reasonably satisfied that PSP has sufficiently implemented all appropriate corrective action as necessary to enable PSP to safely resume Services, fulfill its contractual obligations set forth in this Agreement, and thereby avoid recurrence of the Safety Incident(s). PSP shall not be entitled to an adjustment of PSP’s Compensation, or the Professional Services Schedule, as the result of TFC’s issuance of a Safety Stand-Down Order. If PSP fails to implement the corrective action in the manner proposed by PSP and determined by TFC to be reasonably acceptable, such failure shall be deemed a material breach of this Agreement and TFC may, without further notice, terminate this Agreement for cause. In responding to any Safety Stand-Down Order, PSP’s evaluation of the need for, and its plan of, corrective action shall be undertaken as an independent contractor, pursuant to this Section 5.2.4, and nothing herein shall be construed or interpreted to mean that TFC has assumed or agreed to assume any duty of care to PSP Personnel, or to provide guidance or instruction as to PSP’s means and methods for managing safety as required by this Agreement. Any action taken by TFC hereunder to enforce TFC’s rights to require PSP to fulfill its safety obligations under this Agreement shall be deemed to be undertaken solely for the purpose of fulfilling TFC’s contractual expectation of results in terms of delivery of the Project without causing injury or harm to persons or property.

PSP Safety. PSP and all PSP personnel conducting work or Services for TFC shall abide by all OSHA rules and regulations provided by the Department of Labor, OSHA, Code of Federal Regulations, Chapter 29. Employees of PSP and Subcontractors shall be trained in accordance with Chapter 29, Occupational Safety and Health Regulations. 5.2.4.1. PSP and Subcontractors shall inform the TFC Project Manager(s) of their Hazardous Electrical Energy Control, Lockout/Tag-out Procedure. PSP’s procedure must meet or exceed TFC’s procedure as determined by the TFC Project Manager(s). 5.2.4.2. Work shall not be done on energized electrical circuits, components or equipment. When de-energizing is impractical due to possible harm to personnel, equipment or facility damage, negative onsite or offsite environmental impact, or business interruption, PSP must follow OSHA requirements as detailed in OSHA Regulations 1910.331 – 1910.399. 5.2.4.3. TFC, in its sole discretion, may at any time order in writing a temporary stand-down of PSP’s performance of the Services (“Safety Stand-Down Order”) as a result of any one or more Safety Incidents, whereupon PSP shall immediately direct all PSP Personnel to stop all Services while PSP conducts a comprehensive review of PSP’s safety management plan and any Site conditions affecting safety at any Project Site, for the purpose of of (i) identifying any safety hazards and unsafe working conditions; (ii) conducting safety training of PSP Personnel involved in performance of the Services who were or may have been exposed to harm in connection with such Safety Incident(s); and (iii) taking any corrective action that PSP determines to be necessary and appropriate to fulfill its obligations in accordance with this Agreement. Upon receipt of TFC’s Safety Stand-Down Order, PSP shall not resume performance of the Services until it has issued to TFC a written report, which shall be due within forty-eight (48) hours of the receipt of TFC’s Safety Stand-Down Order, detailing the course of action that PSP has taken, or plans to take, to resolve the Safety Incident(s) described therein, and to prevent the recurrence thereof. After reviewing such course of action with TFC, PSP shall, in the exercise of PSP’s reasonable judgment, propose the date by which PSP will complete all corrective action. Services shall resume only upon TFC’s delivery of further written notice to PSP withdrawing TFC’s Safety Stand-Down Order, which notice of withdrawal shall not be issued until TFC is reasonably satisfied that PSP has sufficiently implemented all appropriate corrective action as necessary to enable PSP to safely resume Services, fulfill its contractual obligations set forth in this Agreement, and thereby avoid recurrence of the Safety Incident(s). PSP shall not be entitled to an adjustment of PSP’s Compensation, or the Professional Services Schedule, as the result of TFC’s issuance of a Safety Stand-Down Order. If PSP fails to implement the corrective action in the manner proposed by PSP and determined by TFC to be reasonably acceptable, such failure shall be deemed a material breach of this Agreement and TFC may, without further notice, terminate this Agreement for cause. In responding to any Safety Stand-Down Order, PSP’s evaluation of the need for, and its plan of, corrective action shall be undertaken as an independent contractor, pursuant to this Section 5.2.4, and nothing herein shall be construed or interpreted to mean that TFC has assumed or agreed to assume any duty of care to PSP Personnel, or to provide guidance or instruction as to PSP’s means and methods for managing safety as required by this Agreement. Any action taken by TFC hereunder to enforce TFC’s rights to require PSP to fulfill its safety obligations under this Agreement shall be deemed to be undertaken solely for the purpose of fulfilling TFC’s contractual expectation of results in terms of delivery of the Project without causing injury or harm to persons or property.

PSP Safety. PSP and all PSP personnel conducting work or Services for TFC shall abide by all OSHA rules and regulations provided by the Department of Labor, OSHA, Code of Federal Regulations, Chapter 29. Employees of PSP and Subcontractors shall be trained in accordance with Chapter 29, Occupational Safety and Health Regulations. 5.2.4.1. PSP and Subcontractors shall inform the TFC Project Manager(s) of their Hazardous Electrical Energy Control, Lockout/Tag-out Procedure. PSP’s procedure must meet or exceed TFC’s procedure as determined by the TFC Project Manager(s).procedure 5.2.4.2. Work shall not be done on energized electrical circuits, components or equipment. When de-energizing is impractical due to possible harm to personnel, equipment or facility damage, negative onsite or offsite environmental impact, or business interruption, PSP must follow OSHA requirements as detailed in OSHA Regulations 1910.331 – 1910.399. 5.2.4.3. TFC, in its sole discretion, may at any time order in writing a temporary stand-down of PSP’s performance of the Services (“Safety Stand-Down Order”) as a result of any one or more Safety Incidents, whereupon PSP shall immediately direct all PSP Personnel to stop all Services while PSP conducts a comprehensive review of PSP’s safety management plan and any Site conditions affecting safety at any Project Site, for the purpose of (i) identifying any safety hazards and unsafe working conditions; (ii) conducting safety training of PSP Personnel involved in performance of the Services who were or may have been exposed to harm in connection with such Safety Incident(s); and (iii) taking any corrective action that PSP determines to be necessary and appropriate to fulfill its obligations in accordance with this Agreement. Upon receipt of TFC’s Safety Stand-Down Order, PSP shall not resume performance of the Services until it has issued to TFC a written report, which shall be due within forty-eight (48) hours of the receipt of TFC’s Safety Stand-Down Order, detailing the course of action that PSP has taken, or plans to take, to resolve the Safety Incident(s) described therein, and to prevent the recurrence thereof. After reviewing such course of action with TFC, PSP shall, in the exercise of PSP’s reasonable judgment, propose the date by which PSP will complete all corrective action. Services shall resume only upon TFC’s delivery of further written notice to PSP withdrawing TFC’s Safety Stand-Down Order, which notice of withdrawal shall not be issued until TFC is reasonably satisfied that PSP has sufficiently implemented all appropriate corrective action as necessary to enable PSP to safely resume Services, fulfill its contractual obligations set forth in this Agreement, and thereby avoid recurrence of the Safety Incident(s). PSP shall not be entitled to an adjustment of PSP’s Compensation, or the Professional Services Schedule, as the result of TFC’s issuance of a Safety Stand-Down Order. If PSP fails to implement the corrective action in the manner proposed by PSP and determined by TFC to be reasonably acceptable, such failure shall be deemed a material breach of this Agreement and TFC may, without further notice, terminate this Agreement for cause. In responding to any Safety Stand-Down Order, PSP’s evaluation of the need for, and its plan of, corrective action shall be undertaken as an independent contractor, pursuant to this Section 5.2.4, and nothing herein shall be construed or interpreted to mean that TFC has assumed or agreed to assume any duty of care to PSP Personnel, or to provide guidance or instruction as to PSP’s means and methods for managing safety as required by this Agreement. Any action taken by TFC hereunder to enforce TFC’s rights to require PSP to fulfill its safety obligations under this Agreement shall be deemed to be undertaken solely for the purpose of fulfilling TFC’s contractual expectation of results in terms of delivery of the Project without causing injury or harm to persons or property.