Document ev3jKgx6wmGV8yMN5xB4v2Z69

*t|M c O** C S **C I American Bkiix;e " * 4. V-* @..... . ceaa*'4* TO R. D. Northcutt C. H. Moore W. B. Hunter, Jr. G. R. Robbins H. A. Rankin, Jr. H. C. Morford J. C. Magncss W. E. Harris W. 0. Mitchell C. T. Osborne OATt moM November 9, 1967 J. L. Beckner. r%A~P subject Management Guide for Contrecton1 Safety Responsibilities We attach hereto one copy of the above corporation booklet which la to serve as a management guide concerning Independent contractors that may be performing work In our plants. Please contact your area lav department or this office if you have any questions whatever concerning requirements set forth In this booklet. Enclosure cc: Leon Biekman B. A. Halliday '"Plant Safety Supervisors Or' y ;-- i USEI000151 r ! j UNITED STATES STEELCORPORATION i USEI00C152 MANAGEMENT GUIDE FOR CONTRACTORS' SAFETY RESPONSIBILITIES UNDER CONSTRUCTION CONTRACT CENTRAL OPERATIONS STEEL UNITES STATES STEEL CORPORATION H to > *0 ` H 35 > ^ II F nA F 1 i: SECTION I - RESPONSIBILITY FOR SAFETY OF PERSONS AND PROPERTY The following la Article 16 of the Conetruetion Contract. Zt le the baele upon which the contractor's responsibility for safety la predicated. "The safety of all persons employed by contractor and his subcontract tors on owner's premises, or any other person who enters upon owner's premises for reasons relating to this contract, shall be the sole responsibility of contractor. Contractor shall maintain at all times good order among his em ployees and shall not employ on the work any unfit person or anyone not skilled In the work assigned to him. Contractor shall confine his employees and all other persons who come onto owner's premises at contractor's request or for reasons relating to this contract and his equipment to chat portion of owner's premises where the work under his contract is to be performed or to roads lead ing to and from such work sites and to any other area which owner may permit contractor to use. "Contractor shall take all reasonable measures and precautions at all times to prevent injuries to or the death of any of his employees or any other person who enters upon owner's premises. Such measures and precautions shall include, but shall not be limited to, all safeguards and warnings neces sary to protect workmen and others against any conditions on owner's premises which eould be dangerous and to prevent accidents of any kind whenever work is being performed in proximity to any moving or operating machinery, equipment, or facilities, whether such machinery, equipment, or facilities are Che property of or are being operated by, the contractor, his subcontractors, the owner, or other persons. "It is understood that if employees of owner shall perform any aets for the purpose of discharging the responsibility undertaken by the contractor in this Article 16, whether requested to perform such acts by the contractor or not, such employees of the owner, while performing such acts, shall be considered the agents and servants of the contractor subject to the exclusive control of the contractor." SECTION II - GOVERNING PRINCIPLES The need to provide plane management with guldepoaes to direct their dealings with contractors is twofold: 1. To assure maximum safety for our own employees, contractors' employees, and third persons. 2. To assure maximum safety without placing the Corporation in a position where unwerrented liability under eocsnon lew is assumed. -1- USEI000154  II n i i Casual reflection on Cheae points would seem to place major emphasis on point 1 above. This is not the case; these points are not of equal Impor tance. Major consideration must be given to point 2. Detailed analysis of these goals will make it apparent that the placing of primary emphasis on point 2 is entirely in keeping with our management belief that ''safety is our first consideration". It is in keeping because any other concept would permit respon sibility along one "chain of command" but would have accountability follow another. The Construction Contract makes it crystal clear that the contractor is responsible for the safety of all persons employed by him and his subcon tractors or any other person entering our premises for reasons relating to the contract. The accountability for their safety is also his unless his respon sibility is qualified by some act or failure to act on the part of Corporation management. The "acts of management" which ean qualify or perhaps negate this stated responsibility of the contractor generally fall under three main headings. These are: 1. Assuming a measure of responsibility for Che safety of contractors. 2. Defining the position of the Construction Engineer as responsible for completion of contract 3. Giving working directions to contractors' employees. Perhaps a clear distinction can be made under "assuming a measure of responsibility for the safety of contractors" by showing the contrast between an individual contractor inspecting a plant sice prior to bidding and the same contractor reporting for work as the successful bidder after the contract has been awarded. At site inspection prior to bidding, the contractor is a business invitee presumed unfamiliar with the hazards involved and plant management assumes s measure of responsibility for the safety of business invitees and ocher persons lawfully on the premises when those business invitees and other persons enter the premises through the use of the special pass procedure. This assumption of responsibility includes, where appropriate, hard hats, eye pro tection, guides, etc., and is based on the lock of familiarity with steel operations of this type of person. However, as the successful bidder, plant management assumes no responsibility for the safety of the persons of contractors' employees, his aubconcraccors, and their employees coming on the premises pursuant to a Construction Contract since this closs of person Is by the terms of the contract skilled in the work being performed and assumed to be familiar with aceel operations. Further, by the specific terms of the contract, the con tractor himself has assumed full responsibility for their safety. Contractors' employees enter the premises through the u6e of the contractor's badge procedure and their comings end goings ore not brought to Che attention of plant manage ment on an individual basis. ** -2- USEI000155 It la Imperative that thla relationship and the dlatlnetlons It aukes he understood by plant management. It Is even more Imperative that thla relationship be carried to the point vhere the Corporation is fully protected or to a point beyond which we are willing to assume a calculated risk. Experience has shown that the most severe Injuries arise out of moving machinery (cranes, conveyors, hot cars, etc.), electricity, and toxic Inflammable, and explosive gases. All such hazards should, of course, be pointed out to each contractor at the time of his visit to our premises la preparation for bid and each should be Informed that the responsibility for providing for such hazards and pointing them out to his subcontractors rests with him not with United States Steel Corporation- It should also be pointed out to the contractor who is the successful bidder that his responsibility for adopting and enforcing safe procedures Includes the responsibility of any subcontractor he might employ. The responsibility for pointing out these types of hazards exists and rests with plant management even though the contractor has received a copy of "Contractors' Safety Responsibilities". In some instances, a hazard of the types just mentioned is considered by a court to be so extreme that merely pointing out its existence to the eon* tractor may not be held to be enough to relieve the Corporation of liability. For instance, if the Corporation retains control of the transformer room end continues it in operation even though the Corporation had notified the con* tractor that the panel boards would be energized throughout the performance of the work the contractor was hired to do, injuries growing out of the work could be laid at the door of the Corporation. In Ohio, a contractor was hired to do a specific job of work on an electric panel board; the contractor hired supposedly expert workmen to do the job The contractor had been advised of the hazard. One of those workmen got himself burned on a panel board he knew was energized and the owner of the premises was held liable to the employee for not providing a safe place in which to work. By extension, the same rule possibly could be' applied to moving machinery, cranes, conveyors, trucks, and the like. In other words, where there is an active condition as distinct from a passive condition like a hole in the ground, calling the attention of the contractor to the hazard and the problem may not be enough to 6hift responsibility. Tt may not be enough-even if wc have scrupulously avoided having any of our owr people assume responsi* bility by actively directing the progress of the work. Tt may be that in some situations the only answer if we are to avoid liability is to remove the hazard and do so before the accident. That may sound unreasonable but there was one instance where a painter was electrocuted by high voltage lines in the roof trusses. In the light of several "electrocution" decisions as well as a result of a little pre-trial persuasion by the judge, we knew we were faced with al most absolute liability so we settled with his widow for $22,800. The day after the man was killed, the high voltage feeder lines were moved outside the buildin; at a cost of $tS5 This nay or may not be typical of en average -3- USEI000156 pre-accident choice hut It doe# typify the kind of pre-contract planning which could pay dividends. Some misconceptions have developed relative to the position of the Construction Engineer These must be clarified. The Construction Engineer Is responsible for coordinating the contract. Interpreting require ments, and serving as the point of contact for plant management with the contractor The Construction Engineer Is not responsible for the work per formed by the contractor except as he polices the specifications and conditions of the contract Internally, the relationships between other members of plant management and the Construction Engineer should be akin to and controlled by the requirements for dealing with a Department Superintendent. In "Contractors* Safety Responslbllltle:.*', reference Is made In several Instances to clearance with the Engineer This docs not mean chat the Engineer has complete author ity for Independent and unilateral action, rather it vests in the Construction Engineer the responsibility to check and clear with the departments at interest such as Safety, Fire, Operating, etc , before granting the necessary authori zation This responsibility to confer is not intended to qualify or to establish joint or divided responsibility between the Construction Engineer and ocher de partments in dealing with contractors. Sole responsibility is vested in the Construction Engineer 1--------------- It is of concern that we select our contractor with some considera tion to his regard for a proper safety program. Past experiences can form a reliable guide in this manner but certainly, as Corporation management, we are remiss if we continually let contracts to individuals whose demonstrated regard for a proper safety program is Inadequate. Much trouble can be elimin ated at this point by simply advising the Purchasing Division not to extend an invitation to bid to these individuals. In extending Invitations to be bid, the following must be considered: First, it is of some importance how we select our contractor. He should be one who does have a general reputation for care and safety and one who does not have previous adverse safety performance records either with United States Steel Corporation or other companies and who we know, or believe, will adopt safe practices without our having "to fight" him. It is fair to say that we would not contract work which our own employees could do only because it was cheaper - if the only reason it was cheaper was that the contractor was more lax in his safety precautions than we would be Noe only would that represent a callous adoption of a double standard of safety moral ity but it might cost more money in the end anyway by the time we settled all of the claims asserted against us. So It is of concern that we select our contractor with some regard to his regard for a proper safety program. Second, we must do what we can to see that the contractor does the safety job that Is rightly his. In jJdition to oointing out the hazards at the time of view, safety and engineering personnel should observe the performance by the contractor periodically and give him all necessary advica and counsel relative to safe practices. In so doing, we are not taking over -4- USEI000157 hli Job, v ire only helping hln to do thit Job safely n be haa undertaken to do by contract. This ii the function which we can perform in limiting the Corporation's liability for injury or death during construction work on our premises, hot to do the safety work for the contractor but to help to see that he does it himself. Finally, in planning for the anticipated work of a contractor, a proper inspection of the situs of the work is bound from time to time to show some hazards which can be easily removed, perhaps even more cheaply than the nuisance value of a lawsuit. If you would fix it before giving your own employees an assignment to work there, then do it for the contractor. Giving working directions to contractors is the area where manage ment is most likely to unintentionally assume liability. One of the major areas of ability to claimants "to tag" us for negligence arises from fact situations in which the claimant was in some measure Justified in contending chat even chough the contractor had been warned about the existence of a condition, our own people could be drawn into the picture as having subse quently and specifically "okayed" the contractors' employees working under the dangerous circumstances which produced the accident. In other words, the effort to place the responsibi11ty on the contractor by notifying him of the hazards was negatived by one of our supervisors, in effect, taking the responsibility back again by giving some on-the-scenes off-the-cuff working instructions to an employee of the contractor which the court construed as practically an invitation to an accident. In an effort to avoid the recurrence of facts which would support a charge of negligence for this kind of situation in the future, the Construction Contract has included within it Article 16. Our practical success under it, however, will depend in large measure on our ' ability to avoid giving working directions to employees of contractors wherever possible. Now, does this mean that our own safety people should no longer be concerned with whether or not the contractor has an adequate safety program? The answer is clearly and definitely "no". It is now even more imperative that the works personnel intensify their efforts to secure safe performance of the work by the contractor. Our actions should be directed toward having a proper safety program adopted by the contractor - not merely handing him our own department safety rules and telling him to follow them. We should not only urge the contractor to adopt our rules as his own as a minimum but also revise and supplement those rules when and where necessary in order to properly discharge hi responsibility to prevent accidents. Any failure on the part of the contractor to comply wfth United States Steel requirements .is set forth in Part 1 Construction Safety Responsibility and any failure to enforce proncr safety procedures can be considered every bit as much of a breach of the Construction Contract as though he were to sand the concrete or aool-,- one coat of paint where two were called for in the soecifi- eations. ~ _C USEI000158 Tha "failure eo eet" on the pare of msnageaane vhleh can eauaa eha Corporacion to assume liability falla Into two main categoric*. The*e are: 1. Failure to acquaint eh* contractor vlth known haterda. 2. Failure eo lnalat upon che contractor adopting and enforcing, a safety program. The manual, "Contractor*' Safety Responsibilities", has been prepared to minimise the possibility of liability steaming from failure of management to adequately Inform the contractor but It cannot do the complete job. Plant management must supplement, as necessary, this manual in order to avoid liabil ity from this source. Failure of plant management to periodically inspect the work site and determine and insist upon the contractor enforcing the safety program he has adopted might be considered by a court to indicate management acceptance of the contractor's work standards. Periodic inspections are necessary, there fore, so that we are not backed into corners by our failure to act. SECTION It! - CONTRACTORS SAFETY RESPONSIBILITIES This manual Is prepared as a separate book in order to provide one more assurance It will reach the eontraetor's superintendent and not be used only by the estimator as could be the case if it were printed in its entirety as a part of the specifications. Therefore, a copy will be given to contractors Inspecting the site prior to bidding and again to the successful bidder. The manual, "Contractors' Safety Responsibilities", has to do with problems for the prevention of Injury, not only to our own employee* but also to employees of contractors or subcontractors performing work on Corporation premises. It is Intended as a guide, outlining minimum precautions to be taken by che contractor. It Is based on actual experience in the steel indus try and Is given to the contractor with che understanding that these practices are representative of minimum safety requirements only and In no way relieve the contractor of the responsibility for such additional requirements for the safe performance of work as may be necessary for the protection of Corporation personnel, contractors' personnel, or third persons. If clarification of any part of the manual is necessary, the contractor should consult with che Construction Engineer. When an employee of a contractor or subcontractor is Injured or killed, suits arising therefrom fall under common law or statutory liability for which there is no limitation fixed as in workmen's compensation statutes. The Construction Contract has no indemnity clause. The contractor is subject to common lav liability for hi* own negligence and since the Corporation had been unable to effectively avoid the consequences of claimed -6- USEI000159 negligence on our own pert, the indemnity in peet eontreece wee elinineced end repleced with Article 16 which provldee: 1. The eafety of ell hie employees or hie subcontractor's employeee le che eoncrector'e eole responsibility. 2. The contractor le required to take every reeeoneble precaution to prevent injury or death. 3. When Corpora .on pereonnel advise or counsel the contractor relative to e eafety practices, in doing so, they become one of ehe c itreetor's agents end ere not relieving the contractor e- hie primary obligation end responsibility for safe perform tee of work. The safe perform tee of work by che contractor fells under three principal headings: 1. Ceneral requ *ements for the protection of Corporation pereonnel and property 2. Minimum requirements for the proteeeion of contractors' employees end third per tons while working on Corporation property. 3. Suggested ease practices for adoption by contractors to insure safety of cot.treetors' employees end third persons. With Article 16, it is now even more imperative chat vorks personnel intensify their efforts to secure safe performance of work by che contractor. Our actions, however, should be directed toward having a proper safety program adopted by ehe contractor and periodic inspections to assure that he is policing the program and practice which he adopted. The "Contractors' Safety Responsibilleles" manual has been prepared to help bridge this gap. Our success under it will depend, in a large measure, upon our ability to avoid giving working directlona to employees of contractors. For Instance, if plant management personnel notice that contractors' employees are not wearing hard hats, do not call to them and direct them to wear hard hats * report the instance to the Construction Engineer who will advise the contractor that he is not com plying with his own safety requirements. Continued abuse eould bring more drsstle action with the "threat" of actual cancellation of the contract under the "breach of contract" provisions. Any substantial failure on the part of the contractor to adopt and enforce proper safety proeeduree can be considered a breach of contract. Of course, che right should be used Judiciously and only should be exercised after due clearance and with the consent of Engineering, Operating, and law. -7- USEI000160 SECTION IV - INVITATION TO BIO In order to be assured that the contractor is fully evere of hie eefety responsibilities, a statement will appear in the specification going out with the Purchasing Division's "invitation to bid", including Contractors* Safety Responsibility is port of the specification which, in turn, becomes part of contract. * For special hazard conditions not covered in this manual, these special regulations shall be included in the specification in addition to this manual. It is the responsibility of the Engineering and Purchasing Divisions Jointly and separately to see that this specification is part of the "invitation to bid". SECTION V - INSPECTION OF THE SITE PRIOR TO BIDDING Because of the specification which the contractor has received along with his "invitation to bid", he will expect to receive a copy of the "Contract tors* Safety Responsibilities" manual at the time he inspects the plant aite in preparation of his bid. Therefore, it shall be the responsibility of the Works Chief Engineer, at locations where work is to be performed by contractors, to nalntain a stock of the "Contractors* Safety Responsibilities" manual in sufficient quantity to provide each contractor invited to bid on the Job with a personal copy. These manuals are stocked in the Stores Department and have been assigned Form No.G-2C*>7* They may be ordered by white requisition addressed to Mr. R. A. Winner. At the time the contractor reports td the plane site for inspection prior to bidding, the Construction Engineer assigned to the project will meet with him, give him his copy of the "Contractors' Safety Responsibilities" manual, discuss it with him, and answer such questions as the contractor may have relative to it. The responsibility for meeting with the contractor is vested in the Construction Engineer. However, the Construe* tion Engineer may be assisted In this meeting by the General Supervisor of Safety or such other plant personnel as he deems advisable In accordance with practices established by the plant. Upon completion of the discussion, the contractor shall sign the following form, acknowledging receipt of the "Con- tractors' Safety Responsibilities" manual. This form, signed by all prospeedwa contractors, shall be kept on file by the Construction Engineer. FORM 1 certify that I have received a copy of Contractors' Safety Responsibilities and that these have been explained to me and 1 agreed to comply with these requirements. -8 - _ Title Company USEI000161 It l* necessary that Part l of the "Contractor** Safety Responslbilites" manual which relate* to the protection of Corporation personnel and property be thoroughly dl*cu**cd at chi* time. In addition, Parc II ahall be reviewed with the contractor understanding that hi* bid la hi* agreement to adopt and enforce a* part of hi* safety program these requirement*.. It 1* Important that the contractor hove full knowledge of Part* X and II so that he can determine what effect, if any, these requirements will have on hi* bid. If these requirements are not explained prior to bidding, it 1* possible that the contractor,. If awarded the contract and then learning of these safety requirement*, may avoid the contract on the basis of hi* not being aware of or having a chance to consider these requirements in submitting his bid, or he may submit a bill for extras to cover the real or imaginary costs proported to be sustained by him in meeting these requirements. SECTION Yl - INSPECTION OF PLANT SITE BY SUCCESSFUL BIDDER PRIOR TO START OF WORK Prior to start of work, the successful bidder will meet with the Construction Engineer, the Ccneral Supervisor of Safety, and such other plant personnel as the Construetlon Engineer may deem advisable. The purpose of this meeting Is to again review in complete detail the safety requirement* of Part* I and XI and to determine if the contractor desires local assistance under Part III. At this time, the contractor will be expected to explain end define his safety program and the Construetlon Engineer will outline the mean* to be employed by the plant for inspection of work and for determining adequacy of the contractor's safety program. SECTION VII * INSPECTION OF WORK IN PROGRESS We must do what we can td see that the contractor does the safety job chat Is rightly his. In addition to pointing out the hazards at time of inspection ol site, safety and engineering personnel must observe the perform* anec by the contractor periodically and give him all necessary advice and counsel relative to safe practices, by doing so, we are not caking over bis Job; wc are only helping him to do that job safely as he has undertaken to do It by the contract. This is the function to be performed by Corporation personnel in limiting the Corporation's liability of injury or death during construetlon work on our premises. We should not do the safety work for the contractor but should help him to see that he does It himself. Safety inspec tions should be mods by safety personnel and reports made to the Construetlon Engineer who will take up with the contractor matters of unsafe practices or safety program violations. If these violations continue after they have been discussed with the contractor, work may be stopped under the breach of contract provision. Also, in the inspection of the 3ite, we are likely to uncover, from time to time, hazards vhleh can be easily removed. These should be reported to the Construction Engineer for handling. -9 - USEI000162 SECT!OX VIII - KESPOMSIStLITICS OF THE COKSTRUCTIOK ENGINEER The Conitract!on Engineer 1* responsible tor Che coordination of 11 work under contract. He it responsible for Interpreting requirement* of the "Contractor*' Safety Responsibilities" manual. However, It 1* not Intended that the Construction Engineer should unilaterally make decisions and grant approval which would affect Operating or Safety Departments without adequate "before the fact" clearance with these .departments. For Instance, Item 4.5 on page 2 of "Contractor*' Safety Pesponslblllties" has to do with the procedure for handling flammable liquids. !t is expected chat before the Engineer approves a*y such procedure, he will have discussed It with and obtained the recommendation of the plant fire department, because of the importance of Teem 1.5 an page 1 and 1.3 on page 7, Contractors' Safety Responsibilities, provision is specifically made for a prescribed "Certifi cation of Instructions" which is to be signed by the contractor, Che Enginear, an operating supervisor, and a representative of the Safety Ceparmneut. Thia "Certification of Instructions" should be in the form of minutes of Che meet ings between plant representatives and the contractor and should cover all auch meetings which relate to agreement on procedure and auch items as: no smoking *r*, elecericsl circuit deenergizing, entry an or above crane runways, isolation of gas and/or fuel, air, or steam lines, painting or working on coke benches, ar.d similar items. Minutes shall be acknowledged by the contractor signing the fallowing I certify chat 1 have received a copy of the minutes of (dace) meeting and chat those minutes correctly states those matters which were discussed and agreed upon at that time. _ Title Company SECTION IX - SAFETY DEPARTMENT RESPONSIBIllTY The Safety Department shall conduct periodic inspections of the work alte. They shall note and report unsafe practices or direct violations of the "Contractors' Safety Responsibilities" manual or the contractor'a aafety pro gram to the Construction Engineer. If auch violations continue, the plant Safety Department is vested with the responsibility to have the Construction Engineer stop work until adequate consideration has been given to these items by the contractor. This authority extends to breach of contract, if necessary. The plant safety department further shall provide counsel and guidance to the contractor as required by him and as requested by the Construction Engineer. SECTION X - CONTRACTORS' SAFETY RESPONSIBILITIES MANUAL The manual "Contractors* Safety Responsibilities" is included in its entirety in the pages immediately following. - 10 - USEI000163 SECTtOK XI ACCEPTANCE OF EQUIPMENT AND FACILITIES Tb plane safety department should ha notified of any nav equipment raealvad or being inaeallad in ordar ehae a safety inspection aay ha nada to daesralna if le la aafa co operaea. New naehlnery should.not ha eparaeed or new processes pue Into affect until passed on by the plane Safety Department, la eollahoraclon with representatives of the Engineering, Maintenance, and Operating Departments. \ USEI000164 coktractors' SAFETY RESPONSIBILITIES OHtTEO STATES STEEL CORPORATION NOVEMBER 1. 1*3 TABLE OF C0XTEKT5 rotmtD . ............. .................................................... ....................... ... past i oexeaal aeooiaemexts foa the paotectiox of eosposATios peasqkxel AMD PAOPEATY IT COXTAAOYOAS Siet in I * General.............................. Section 2- Transportation .............................. .............................. ............. Section 3- Personal Conduct................ ..................................................... Section A- Housekeeping and Fire Protection ...................................... Section 5 utilities........................................... .................................... .. Section 6 - Overhead work including Painting and Scaffolds ......... Section 7 * Cranes ..................................... ........................'...................... Section 8* Explosives................................. ................................................ Section 9 - Gas................................................................................................ Section io* Sewers and Excavations ............................................... Section it - weiding and Burning ................................................................ 1 1-2 2 2 2-3 3*4 a 3 5 5 3 3 PA AT II MIXINUM AEQUIXEKEKTS POX THE PAOTECTlOX OF CCXTAACTOAJ* EMPLOYEES AKD TKIAD PEASOXS WHILE VOAAIXO OX COAPOAATlOX PAOPEATY Section (General .......................................................................................... Section 2 Transportation ................................................ Section 3 Personal Conduct ................................................................. Section a utilities ..................................................................... Section 3 Overhead Work .................................................................... Section 3 Cranes .............................................. Section 7* Gas .............................................................. Section 8- Sewers and Excavations .......................................................... 7 6 9 9 9*10 7*8 8 PAAT III SU00E3TED SAFE PAACYI6ES FOA ADOPTIOX 8Y COXTAACTOAS TO IXSUAE SAFETY OF C0XTAACT0A3* EMPLOYEES AX THIAO PEASOXS ............................. n-12 9 USEI000166 I I FOREWORD Contractors performing work on United Ststes Steel Corporation ^rcnliti) either pursuant to i etsndsrd construction contract or to s purchsii order vith ettsched conditions, essume complete responsibility for the sfo performance of such work. The concreeeor assumes that responsibility under Che following clause; Twj MftTT Of ALL PERSONS tfWtOTCB ST SELLER AND Nil SUBCONTRACTOR* ON PURCHASER'S PREMISES, 0* ANT OTHER PERSON WHO ENTERS UPON PURCHASER'S PREMISES FOR REASONS RELATING TO This CONTRACT, SNAcL IE THE SOLE RESPONSIBILITY OP SELLER. SELLER Shall AT all Tints maintain GSQ3 010ER AnONS NIS EMPLOYEES ANO Shall NOT E'WLOT ON The W0R ant UNPIT PERSON or anyone NOT SKILLEO in Th WORK ASSfCNEO TO HI M. SELLER ShAU CONPINE NIS EMPLOYEES ANO All other PERSONS who WE ONTO PURCHASER'S PREMISES AT SELLER'S REOUCST OR POP REASONS RELATING TO This CONTRACT AND NIS EQUIPMENT TO THAT PORTION OP PURCHASER'S PREMISES WHERE The work UNOER ThiS CONTRACT IS TO SE PRPOR"EO, OR TO ROAOS ItAOiNG TO ANO fROPI SUCH WORK SITES, ANO TO ANT OTHER AREA WHICH PURCHASER MAT PERMIT SELLER TO USE. seller shall take Alt REASONABLE MEASURES and PRECAUTIONS at all times to PREVENT INJURIES to or ThE OEATh OP ANT OP HIS EMPLOTEES OR Ant OTHER PERSON WHO ENTERS UPON PURCHASER'S PREMISES. SUCK MEASURES ANO PRECAUTIONS Shall INCLUDE, but Shall not be LiniTEO to. All SAFEGUARDS ANO WARNINGS necessart to PROTECT WORKMEN ANO OTHERS AGAINST ANT CONDITIONS ON PURCHASER'S PREMISES which COULD BE DANGEROUS AND TO PREVENT ACCIDENTS OF ANT KINS WHENEVER WORK IS BEING PERFORMED in PROXIMITY TO ANT MOVING OR OPERATING MACHINERY, EQUIPMENT, OR FACILITIES. WHETHER SUCH MACHINERY, EQUIPMENT, OR FACILITIES ARE THE PROPERTY OF. OR ARE BEING OPERATED BY, Th SELLER. HIS SUBCONTRACTORS. Th PURCHASER. OR OTHER PERSONS. Thit reaponalbllity for Che aafe performance of che work extends both Co United States Steel Corporation employees and property and to the employee* of contractor, hia subcontractor*, and other person* coming on the premise* in conneetlon with che work. In the proper discharge of this rospoa* alblllty, the contractor will meet with designated representative* of the Corporation to view the premises and become completely aware of existing conditions end hazards if any. ?rlor to beginning work, the contractor will again meet and consult with designated representatives of the Corporation to dleeuss the discharge of his responsibilities under che contract. Pittsburgh, Pennsylvania Movember 1, 1953 1 USEI000167 PART t GENERAL REQUIREMENTS FOR THE PROTECTION OF CORPORATION PERSONNEL ANO PROPERTY BY CONTRACTORS Pare X of Contractor*' Safety Responsibilities outline* the precau tion* to be taken by the contractor for the protection of Corporation personnel and Corporation property. It Is based on actual experience In the Steel Industry and i* given to the contractor at the time he Inspect* the site prior to submitting his bid, with the understanding that these practices represent minimum safety requirements only and in no way relieve the contractor of the responsibility for such additional requirement* for the safe performance of work as may be necesaary for the protection of Corporation personnel and Corporation property. If elarlfleaclon la necessary, the contractor should consult with the Construction Engineer of the plant where work is to be performed. 1.0 GENERAL 1.1 All safe practices on construction work outlined in the latest edition of the "Manual of Accident Prevention In Construction", as published by The Associated Ceneral Contractors of America, Inc., shall be followed. A copy of this manual shall be on the job fits at all times and all contractors' personnel shall have a working knowledge of it. 1.2 Contractor shall recognize that work in the construction may be performed while the mill is in operation and that he is responsible to establish necessary safe practices to permit the performance of work under operating conditions without endangering Corporation personnel and property. 1.3 Where work of contractor must be integrated and coordinated with Corporation operations or with work of other contractor, sueh integration and coordination shall be undertaken only as authorized by the Engineer. 1.4 The term "Engineer" as used shall be the plant Chief Engineer or his authorized representative assigned to the contract. 1.5 Before entering any Operating Department to perform work, Che contractor shall obtain permission from Che Engineer after consul tation between the Engineer, Operating Supervisor, and Safety Department. A prescribed form of Certification of Instructions to contractors shall be algned by each and a copy obtained by contractor before starting work in each department. Intermittent operations shall be cleared with Engineer before work is resumed, 1.4' Contractors shall comply with all aafety codes, laws, or ordinances applicable to any public authority. 4.6 Motor fueling location* and procedure shall bo approved by the Engineer and plant Flra Department. 4.7 Contraetera' pereonnel aha11 become familiar with fire protection and gas alarm facilities. Including "turning In" of alarms. 4.8 A minimum of 15 feee clearance around all fire hydranta aha11 ba maintained with entrance to same. 4.8.1 Contractors' employees shall not use fire hydrants for any other purpose unless approved by the Engineer.' 4.9 Contractors' employees shall obey all fire eontrol and no-smoking signs. * 4.10 Contractors ehall use only the type aalastandera and locations approved by the Engineer. 4.10.1 Contractors' employees shall extinguish all open fire heating units when unattended. 4.11 Dlaposal of paints and solvents within thr plant shall be approved by Che Engineer. 3.0 UTILITIES 5.1 Contractors' employees shall not make any connection to operating electrical, gas, steam, air, oxygen, acid, waeer, or process line unless authorized by a written procedure signed by the Engineer, Operating Supervisor, and contractor and then only when the Engineer has so cleared. 5.2 Contractors' employees shall not turn on or off any of the above lines. All operating valves or switches shall be operated by the responsible Operating Department unless authorised by a written procedure signed by the Engineer. 5.3 Contractors' employees shall not sec in motion any mill machinery without the approval of the Engineer. 5.4 All valves or switches shall be locked out by both ehe contractor and the Operating Department or Engineer. 5.5 Contractors shall not make inaccessible any control valve or switch. 5.6 Contractors shall report any unusual conditions chat may be found lnedlacely to the Engineer and atop all work until approval to continue is granted. 3 USEI000171 f 4.6 Motor fueling locations and procedure shall be approved by the Engineer and plant Flra Department. 4.7 Contractors' personnel shall beeome familiar with fire protection and gas alarm facilities, including "turning in" of alarms. 4.8 A minimum of 15 feet elearanee around all fire hydrants shall ba maintained with entrance to same. 4.8.1 Contractors' employees shall not use fire hydrants for any other purpose unless approved by the Engineer.' 4.9 4.10 Contractors' employees shall obey all fire control and no-smoking signs. Contractors shall use only the type salamanders and locations approved by the Engineer. 4.10.1 Contractors' employees shall extinguish all open fire heating units when unattended. 4.11 Disposal of paints and solvents within the' plane shall be approved by the Engineer. 3.0 UTILITIES 5.1 Contractors' employees shall not make any connection to operating electrical, gas, steam, air, oxygen, add, vater, or process line unless authorised by a written procedure signed by the Engineer, Operating Supervisor, and contractor and then only when the Engineer has so cleared. 5.2 Contractors' employees shall not turn on or off any of Che above lines. All operating valves or switches shall be operated by the responsible Operating Department unless authorized by a written I procedure signed by the Engineer. 5.3 Contractors' employees shall not set in motion any mill machinery without the approval of the Engineer. l 5*4 All valves or switches shall be locked out by both ehe contractor and the Operating Department or Engineer. l 5.5 Contractors shall not make inaccessible any control valve or switch. I 5.6 Contractors shall report any unusual conditions chat may be found lsnediately to the Engineer and stop all work until approval to continue is granted. f I -3 I USEI000171 Ii k I 3*7 PRERXATIC AMD HYDRAULIC EQUIfMEMT ARD 1.1 RES 5.7.1 Contractors' employees shall not use piped oxygon in place of compressed sir. 5.7.2 Contractors1 employees shall not break any hydraulic line under pressure. 5.7.3 Contractors* employees shall not bum or veld on existing hydraulic lines without approval of the Engineer. 3.8 UTILITIES - ELECTRICAL E$UIfHERT ARO WIRES 5.8.1 Power-driven mill machinery requiring shutdown shall be made inoperative jointly by the Engineer and the contractor. 5.8.2 Contractors' employees shall not operate or tamper with any existing power-driven sill machinery. 6.0 OVERHEAD WORK IKCLUDIHG PAINTING AND SCAFFOLDS 6.1 OVERHEAD ROftK 6.1.1 Contractors shall be responsible for barricading ground or floor when working above ground level to protect Corporation personnel. The protection shall be equal to that described in the A.C.C. Manual or In accordance with written plant procedures furnished to the contractor. Signs shall be placed warning of danger of falling objects. Watchmen shall be placed if required by Engineer. /' 6.1.2 Contractors' employees shell not leave tools and equipment when working overhead so that they may fall. ,6.1.3 Contractors' employees shall not leave loose material over head. 6.1.4 Contractors' employees shell not take glass bottles on roofs or elevated areas. 6.2 FAIKTIRG 6.2.1 Painting by spray gun ahall be done on approval of the Engineer. Spray painting signs should be posted and consid eration be given to wind direction, location of roads, parking lots, etc. * 6.2.2 Contractors shall not paint over or ameer safety signs. -4- USEI000172 I 7.0 CRAKES 7.1 Contractors' employees shall not operate any of Che Corporation's electric overhead traveling cranes except as approved by the Engineer. 7.2 Contractors shell not carry crane lifts over the heads of Corpora tion employees. 7.7 Contractors shall not use defective chains or allngs In making lifts. 8.0 EXPLOSIVES g.l handling of explosives shall he In accordance with exlaclng pleat procedures furnished the contractor at time of bidding. 5.2 Contractors shall not use explosives vlthout approval of the Engineer. 6.3 Contractors shall not drive explosive-driven studs Into structural members until approved by the Engineer. 8.A Vee of powder-actuated tools shall conform to standards developed by the Engineer. 9.0 CAS 9.1 Contractors' employees shall not work in doubtful areas until tests for combustible gases, carbon monoxide, and other harmful gases have been made. 9.2 Tests shall be taken before contractors work In oxygen pits or oxygcn-enriehcd atmospheres. 9.3 Purging of oxygen, acetylene, and gas lines shall be performed by the plant. 10.6 9.6 Contractors shell not use Internal combustion engines inside buildings where personnel are at work unless adequate ventilation is provided. SEVERS AKO EXCAVATiOHS 10.1 Contractors shall protect open manholes, catch basins, pics, and excavations with adequate barricades and red lights. 10.2 Contractors shall replace manhole covers promptly when work is suspended. -5- USEI000173 11.0 VELOtXQ AHO BURKINS 11.1 Contractor*' employee* shall not burn hole* tn or veld to tructural members unless approved by the Engineer. 11.2 Contractors' welders shall not veld vlchout protecting Corporation employees from the are's rays. 11.3 Contractors' employees shall ground all veldments so that Indi vidual* or equipment arc not exposed to ground circuit. 11.4 Work areas vhere burning or veldlng Is done shall be approved for lire protection. Adequate fire prevention equipment shall be on hand. 11.3 Oxygen and gas cylinders ahall be returned promptly to scorage area after use. 11.6 Oxygen and gas cylinders shall be kept away from heat, *?en fires, and hot metal. [ 11.7 Oxygen and gs* cylinders shall be stored separately and at least 1 6'-0" from eseh other. (11.8 | 11.9 Contractors' employees shall not use oxygen or gaa cylinders at ground level In horizontal position. Cylinders shall be used In vertical position and aecured to prevent falling. Contractors' employees ahall not drop or roll oxygen or gas cylinders. *' J 11.10 Caps shall be kept In position except vhen gauges art attached. 11.11 Cylinders shall not be moved from one location eo another vlth | gauges attached. 11.12 Cylinders ahall be transported only vhen aecured In a vertical position. I I I I I ii * J l _ ... p A R T II P A R T i ' III 175USEI000175 i Jtff PART II MINIMUM requirements for the protection of contractors* employees AND THIRO PERSONS WHILE WORKING ON CORPORATION PROPERTY . Fare II of Contractor*' Safety Responsibilities acta forth ainiana requirement* which the contractor must adopt and enforce for the protection of contractors' employee* and third peraons while working on Corporation property. These minima are based on actual experience in the Steel Induatry and aet forth only minimum aafe practices for the protection of contractors' personnel and third persons coming on the premises. They are not intended in any way to be inclusive or to relieve the contractor of all or any part of his responsibility for the safe performance of work. If clarification is necessary, the contractor should consult with the Construction Engineer of the plant where work is to be performed. 1.0 GENERAL 1.1 Contractor shall recognise that work in the construction may be performed while the mill is in operation and that he is responsible to establish necessary safe practices to permit the performance of work under operating conditions without endangering contractors' personnel and property or third parties. 1.2 Contractor shall comply with all safety codes, laws, or ordinances applicable to any public authority. 1.3 Before entering any Operating Department to perform work, the con tractor shall obtain permission from the Engineer after consultation between the Engineer, Operating Supervisor, and Safety Department. A prescribed form of Certification of Instructions to contractors shall be signed by each and a copy obtained by contractor before starting work in each department. Intermittent operations shall be cleared with Engineer before work is resumed. 1.4 Construction of all temporary buildings and trailers, including wiring and heating facilities, shall be approved by the Engineer. 1.5 Hard hats shall be worn by contractors' employees, and eye protec tion shall be worn in designated eye protection areas. 2.0 TRANSPORTATION 2.1 Contractor*' employees shall not enter any building, pit, or tunnel unless work requires them to do so and then only after permission is obtained as outlined in 1.3. Contractors' employees shall not visit other departments or other sections of the tame department; - 7- USEI000176 when entering and leaving the plant, they the11 use only assigned entrances end exits; within the plant they ehell ute only established walkways, road*, end crossovers In going to end from job slto. 2.2 Contrectors' employees shell not ride vpon Corporeclon locomotives, ears, trains, elevators, or other moving equipment unless authorised by the Engineer. 3.0 PERSONAL CONDUCT 3.1 Contractors' employees shall keep off mill tables, eonveyors, and equipment unless their work requires end then only altar drives ere locked out. 4.0 UTILITIES 4.1 Contractors' employees shell not work on any hot wire or line under pressure unless authorised by the Engineer. 4.2 Contrectors shall maintain minimum clearances between men or equipment and high voltage to conform to applicable states codes and standard plant practice. 4.3 Contractors shall consult vith Engineer before working on or around high voltage, eleceric wires, or power circuits. 4.4 Lock-out of electrical equipment shall he at the main disconnect switch controlling the circuit or machine. 4.3 Locks on main disconnects shall he removed only by the person who places the lock. 4.6 Contractors' employees shall not enter motor rooms or substations unless required and then only after clearance vith the Engineer. 4.7 Contractors' employees shall not use electrical vires, cables, or collector rails as scaffold supports. 4.8 Contractors' employees shall not make any connection to utilities or plug or connect Into any plant electric circuit until released by the Engineer. 4.9 Contractors' employee shall not ride upon any power-driven mill machinery. 4.10 Contractors' employees shell consider all aleetrle lines hot until cleared by the Engineer. 4.11 All cranes, mobile equipment, jaekheemers, concrete bustera, ete., operating In areas where they may come in contact with live wires shall bs grounded. -8 F A F E ( I VSEI000177 r 3.0 OVERHEAD WORK 3.1 Contraetora' esiployeea thall not to roof* viehout approvol of Engineer. It ia the contractor's responsibility to cheek Che besring capacity of the roof in its present condition to support his equipment and personnel and provide neeessary safe conditions. 6.0 CRANES /1 Contractors' employees shell not go onto any overhead ersne runway of an operating facility for any purpose until authorized by the Engineer through written procedure* 6.2 Contractors* employees shall not go onto any overhead crane runway operated by the contractor and not released for tslll operation unless safety precautions have been taken for their personal pro* tectlon. 6.3 When it is neeessary to work on crane, crane runway, or when contractors' employees night be endangered by the moveaenet of eranes, the runway must be protected by bumpers and red lights. If cranes muse continue to operate past the ares, the contractor must place a vatehman on each side of the area as well as a man in the cab of eaeh operating erane. 6.4 Contractors' employees shall keep in the elear of all erane lifes. 6.3 Contractors' employees shall not pass or work under the boom of any erane or power shovel. 6.6 Contrsetors* employees shell nee stand near ehains or slings being pulled from under a load nor near a load being raised. 6.7 Contractors' employees shall not ride erane loads. 7.0 GAS 7.1 Contractors' employees shall not work in doubtful areas until easts for combustible gases, carbon monoxide, and other harmful gaaaa have been made. 7.2 Fuel, steam, and air lines shall be blanked off before working in furnaces. 8.0 SEWERS AND EXCAVATIONS 8.1 Contractors shall taka precautions to prevent cave*ins. 8.2 Contractors shall cheek all manholes or underground pita for gaa before entering. 9 t USEI000178 8.3 Contractor! shall know hacards of gas and liquid laval in severs, taka necessary precautions, and maintain gat chocks. 8.4 Contractors shall aake gas casts bafora working In valve fit, tranches, or ochar doubtful areas. 6.9 Contractors shall not excavate In vielaity of electrical duct lines, severs, voter lines, gas Unas, or railroad eraeks until approved by the Engineer. 8.6 All protruding nails, tie*rods, and vires shall be removed froa foundations as soon as fonts are stripped. 8.7 Kails froa craeas or foundation forms shall ba bent ever or reaoved. - 10 - USEI000179 PART m SUGGESTED SAFE PRACTICES FOR AOOPTtON BY CONTRACTORS TO INSURE SAFETY OF CONTRACTORS' EMPLOYEES AND THIRD PERSONS Parc III of Contractors* Safety Responsibilities contains sugges tions which the contractor may wish to incorporate in his safety program for the protection of his personnel and property and third persons coming on the premises in addition to those minima set forth in Part XI. The plant Safety Department, when requested by the contractor, and acting under the provisions of the Construction Contract, will counsel the contractor in the elements of an effective program for the safe performance of work. 1. Establish a schedule of safety meetings conducted by contractor's foreman for discussing specific topics, such as safety rules, hazards of specific jobs, safe practices, etc. 2. Establish a plan for contractor's foreman to contact each employee under his supervision at least once per week on safety. 3. Establish a procedure for the prompt investigation of all injuries by contractor's management. 4. Establish a schedule for periodic inspection by contractor's management of "housekeeping" of Job site. 5. Establish a plan for the periodic inspection of tools and equipment by contractor's management. 6. Develop basic safety rules for Job, instruct employees, and enforce compliance. 7. Incorporate applicable items of Part I into Contractor's Safety Rules (item 6 above). 8. Ijfctabltsh standards for wearing eye protection. 9. Establish standards for using safety belts. 10. Establish standards for use of portable ladders, giving consid eration to use of "safety feet", lashing ladders at top and bottom, or ladders not lathed being steadied by another employee. 11. Establish atandards for scaffolding or staging to assure that it Is securely lashed and provides adequate clearance to moving equipment. I I j - 11 - USEI000181 12. Zatabllah the practice that aeaffolda aore chan 7'-0" from the (round will be provided with coe board and railing! and coafora to Section 18 of eba A.G.C. "Hanual of Accident Prevention la Cone truetion". 13. Eacabllah requireaente for che wearing of foot proceeeloa. - 12 - USEI000182