— Downloaded from https://www.everyspec.com

Downloaded from https://www.everyspec.com (b) U.S. Army Reserve and Army National Guard ground accident rate . Number of accidents times 1,000, divided by prorated personnel strength. (2) Army aircraft accident rate. The rates for Army rotary wing and fixed wing, and other types of Army aircraft will be computed on the number of aircraft accidents per 100,000 aircraft flight hours. These rates will include flight accidents only. c. On-duty and/or off-duty injury and accident rates. These rates are computed by multiplying the on-duty and/or off-duty number of injuries/accidents by 1,000 and dividing by the respective active Army or prorated USAR/ARNG personnel strengths.

Chapter 4 Contracting Safety 4–1. Introduction a. This chapter prescribes DA policy for integrating safety into the contracting process. b. DA Pam 385–10 contains technical requirements and processes for contract safety management, oversight, and control processes. 4–2. Policy a. Contract activities will be conducted in a safe and healthful manner that minimizes accidents as well as impacts on Army operations and members of the public. Contractors must comply with applicable Federal, State, and local codes and standards, including safety and occupational health requirements, as well as any additional specific require- ments invoked by the contract. b.

Army safety and occupational health professionals will be trained in contracting principles and procedures and contract safety requirements and processes (see DA Pam 385-10). c. In general, the requirements in this regulation do not apply to contractor personnel. Army standards, such as this regulation, should not be referenced as a contract requirement unless the contractor is hired to perform safety and occupational health services for Army employees. d.

In accordance with DODI 6055.1, Army safety and health responsibilities in contractor plants and contractor operations on Army property are generally limited to helping to ensure the safety of government-owned equipment, protection of the production base, protection of government property and on-site Army personnel from accidental losses, and the protection of the public. Contractors are responsible for the safety and health of their employees and protection of the public at contractor plants and work sites. e.

Clauses outlining contractor safety requirements and responsibilities will be included in solicitations and contracts as prescribed by the FAR, the Defense Federal Acquisition Regulation Supplement (DFARS), and the Engineer Federal Acquisition Regulation Supplement (EFARS). See DA Pam 385-10, chapter 4. f. In addition to clauses as required by FAR, DFARS, and EFARS, activities will develop performance work statements and contract instructions and conditions that outline contractor safety requirements and responsibilities based on a risk assessment of the work to be performed and activity/command unique requirements.

Contracting officer representatives (CORs), requiring activity, or Defense Contract Management Agency, in consultation with local safety and occupational health SMEs, will develop additional and necessary clauses to mitigate risk. Note that the only means for imposing safety and occupational health requirements on a contractor or subcontractor is by incorporating the requirement as a contractual requirement (for example, a contract clause, special clause, statement of work, guide specification, or contract modification). g. Under the OSH Act, all employers must comply with OSHA standards and must exercise reasonable diligence to determine whether violations of those standards exist.

On multiemployer work sites, more than one employer may be considered responsible for a hazardous condition that violates an OSHA standard. h. Contracting officers will consult with safety and occupational health SMEs to ensure that clauses for safety are included in solicitations and contracts as appropriate and necessary. Safety and occupational health SMEs will assist CORs with monitoring contract safety and occupational health compliance. i. When contractor mishap reporting is a contract requirement, such mishaps will be reported as outlined in chapter 3 of this regulation as well as DA Pam 385-40. In addition, the following will be reported:

(1) Injury or occupational illness to on-duty contractors. (2) Damage to GFM, GFP, or GFE provided to a contractor. (3) Contractor accidents involving Army property and personnel. j. The COR shall inform the local occupational safety and health office of instances where the contractor has been notified to take immediate action to correct serious or imminent danger conditions. 36 AR 385–10 • 23 August 2007/RAR 4 October 2011