Common use of Responsibility for Safety and Health Clause in Contracts

Responsibility for Safety and Health. 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising safety and anti-substance abuse precautions and programs in connection with the Work, and shall provide all protection to prevent injury to all persons involved in any way in the Work and all other persons, including without limitation, the employees, agents, guests, visitors, invitees and licensees of the Owner who may visit or be affected thereby. These precautions shall include, but in no event be limited to: the posting of danger signs and personal notification to all affected persons of the existence of a hazard of whatever nature; the furnishing and maintaining of necessary traffic control barricades and flagman services; the use, or storage, removal and disposal of required explosives or other hazardous materials only under the supervision of qualified personnel and after first obtaining permission of all applicable governmental authorities; and the maintenance of adequate quantities of both hose and operable fire extinguishers at the Job Site. The Contractor shall set forth in writing its safety and anti-substance abuse precautions and programs in connection with the Work and, if requested by the Owner, submit the same to the Owner for review. The Owner may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto. 10.1.2 All Work and not design (unless Contractor, any Subcontractor, and/or any of their respective agents, representatives, suppliers or any other person or entity directly or indirectly employed, utilized and/or controlled by any of them prepared the design), whether performed by the Contractor, its Subcontractors or Sub-subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliances, machinery, materials, tools and like items incorporated or used in the Work, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended, and all rules and regulations now or hereafter in effect pursuant to said Act; and (b) all codes, rules, regulations and requirements of the Owner and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 10.1.3 The Contractor shall designate a responsible member of its organization at the Job Site as the Project Safety Officer, whose duties it shall be to enforce the Contractor's safety and anti-substance abuse programs, to assure compliance with Subparagraph 10.

Responsibility for Safety and Health. 10.1.1 10.1.1. The Contractor shall be responsible for initiating, maintaining and supervising the safety and anti-substance abuse precautions and programs in connection with the Work, and shall provide all protection to prevent injury to all persons involved in any way in the Work and all other persons, including including, without limitation, the employees, agents, guests, visitors, invitees invitees, and licensees of the Owner who may visit or be affected thereby. These precautions shall include, but in no event be limited to: the posting of danger signs and personal notification to all affected persons of the existence of a hazard of whatever nature; the furnishing and maintaining of necessary traffic control barricades and flagman services; the use, or storage, removal and disposal of required explosives or other hazardous materials only under the supervision of qualified personnel and after first obtaining permission of all applicable governmental authorities; and the maintenance of adequate quantities of both hose and operable fire extinguishers at the Job Site. The Contractor shall set forth in writing its safety and anti-substance abuse precautions and programs in connection with the Work and, if requested by the Owner, and submit the same to the Owner for review. The Owner may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto. 10.1.2 10.1.2. All Work and not design (unless Contractor, any Subcontractor, and/or any of their respective agents, representatives, suppliers or any other person or entity directly or indirectly employed, utilized and/or controlled by any of them prepared the design)Work, whether performed by the Contractor, its Subcontractors Subcontractor or Sub-subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliances, machinery, materials, tools and like items incorporated or used in the Work, shall be in compliance with, and conform to: (aa.) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority including same enacted subsequent to the date of this Agreement relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety Ley Organica De Prevencion, Condiciones y Medio Ambiente de Trabajo (Organic law of Prevention, Conditions and Health Act of 1970, Work Environment) as amended, Ley Penal del Ambiente (Criminal Environmental Law), Ley sobre Sustancias, Materiales y Desechos Peligrosos (Hazardous Substances, Materials and all rules Waste Law), Normas para el Control de la Generacion y Manejo de Desechos Toxicos o Peligrosos (Rules for the Control of the Generation and regulations now or hereafter in effect pursuant to said ActHandling of Toxic and Hazardous Waste), and Decreto No 1.257, mediante el cual se dictan las Normas sobre Evaluacion Ambiental de Actividades Susceptibles de Degradar el Ambiente (Rules on the Evaluation of Activities which may Degrade the Environment); and (b) all codes, rules, regulations and requirements of the Owner and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 10.1.3 The Contractor shall designate a responsible member of its organization at the Job Site as the Project Safety Officer, whose duties it shall be to enforce the Contractor's safety and anti-substance abuse programs, to assure compliance with Subparagraph 10.

Responsibility for Safety and Health. 10.1.1 The Contractor shall be solely responsible for initiating, maintaining maintaining, and supervising all safety and anti-substance abuse precautions and programs in connection with the Work. Contractor shall take all precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to to, all persons involved in any way in the Work and all other persons, including including, without limitation, the employees, agents, guests, visitors, invitees and licensees of the Owner who may visit or be affected thereby; the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of Contractor, a Subcontractor, or a Sub-subcontractor; and other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. These precautions shall may include, but in no event be limited to: the security guards; fencing; posting of danger signs and personal notification to all affected persons of the existence of a hazard hazard, of whatever nature; the furnishing and maintaining of necessary traffic control barricades and flagman services; the use, using or storage, removal and disposal of storing required explosives or other hazardous materials only under the supervision of qualified personnel and after first obtaining permission of all the applicable governmental authoritiesfire chief or his or her duly authorized representative; and the maintenance of maintaining adequate quantities of both hose and operable fire extinguishers at the Job Site, and such other security measures as are necessary to protect the Work in progress, as well as materials to be incorporated therein, and all persons on, in or near the Project. The Contractor shall set forth in writing its safety and anti-substance abuse precautions and programs in connection with the Work and, if requested by the Owner, submit the same to the Owner for review. The Owner may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto. 10.1.2 . The review of any safety plan by Owner shall not, and shall not be deemed to, release Contractor or in any way diminish its liability by way of indemnification or otherwise as assumed by it under the Contract Documents. Contractor shall provide temporary 6’0” high chain link fencing with wind screen, temporary partitions, dust screening, or other such temporary measures as needed to separate any partial or permanent occupancy from ongoing work. Such temporary construction shall be periodically reconfigured to allow for partial occupancy of the Project as intended by the Milestone Dates. All Work and not design (unless Contractor, any Subcontractor, and/or any of their respective agents, representatives, suppliers or any other person or entity directly or indirectly employed, utilized and/or controlled by any of them prepared the design)Work, whether performed by the Contractor, its Subcontractors or Sub-subcontractors, subcontractors or anyone directly or indirectly employed by any of them, and all equipment, appliances, machinery, materials, tools and like items incorporated or used in the Work, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended, and all rules and regulations now or hereafter in effect pursuant to said Act; and (b) all codes, rules, regulations and requirements of the Owner and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 10.1.3 The Contractor shall designate a responsible member of its organization at the Job Site as the Project Safety Officer, whose duties it shall be to enforce the Contractor's safety and anti-substance abuse programs, to assure compliance with Subparagraph 10.: