Downloaded from https://www.everyspec.com 4–3. Army oversight and inspections of contractor operations a. Army oversight of contractor operations. Army oversight of contractor operations is restricted to the following instances: (1) Where Army has statutory authority for oversight, such as the manufacture of ammunition. (2) Where it is in the best interest of the Army. (Army oversight has historically contributed to lower accident rates among certain contractor employees, on-time delivery of products and services (increased readiness), and ultimate savings to the Government.) b. Occupational Safety and Health Administration inspections.
Army contractors operating from Army or privately owned facilities, located on or off Army installations, are "employers" as defined in 29 USC 651 and those that follow and are subject to enforcement authority by Federal and State safety and health officials as stated in the following: (1) Federal and State OSHA officials must be granted access to DOD contractor workplaces on DOD installations without delay and at reasonable times.
(2) 29 USC 651 does not authorize the Secretary of Labor to assert authority over working conditions for which another Federal agency or any State agency acting under 42 USC exercises statutory authority to prescribe or enforce standards or regulations affecting OSH. (3) Pursuant to 33 USC 941, when contractor work is performed aboard vessels in dry dock or afloat within Federal maritime jurisdiction, Federal OSHA standards apply and inspections and investigations may be performed by Federal OSHA officials. (4) Army contractors have the responsibility of responding to any citations issued by Federal or State OSHA officials for violations of applicable standards.
(5) Full information regarding citations issued to Army contractors for violations of Federal or State OSHA standards involving Army-furnished equipment, facilities, or other property shall be referred to all appropriate person- nel, to include COR and contracting officer, for appropriate action. c. Requirements for host nation inspections of OCONUS contracts. (1) Host nation officials must be granted access to Army contractor workplaces on Army installations without delay and at reasonable times. (2) Army contractors have the responsibility of responding to any citations issued by HN officials for violations of applicable standards.
(3) Full information regarding citations issued to Army contractors for violations of HN requirements involving Army-furnished equipment, facilities, or other property shall be referred to all appropriate personnel, to include COR and contracting officer, for appropriate action. d. Inspection of contract activities. (1) In peacetime operations performed in CONUS or its territories or possessions, the contractor is responsible directly to Federal or State OSHA for the safety and health of contractors’ employees.
(2) The Army shall conduct safety and health evaluations of all workplaces and operations where Army personnel are regularly employed at fixed installations during peacetime operations, and, to the extent feasible, to wartime and peacekeeping operations. Inspections of workplaces and operations on contractor facilities where fewer than 25 Army personnel are employed shall be at the Army Headquarter’s discretion based on existing conditions and potential risks. While no formal annual inspection is required, the Army is required to ensure the safety and health of their personnel in the contractor facility.
In addition, evaluations shall include determining if contractor operations jeopardize the safety and health of Army personnel and endanger Army property. (3) Risk assessments and dosimetry of environmental and occupational chemical, radiological, biological, and physical hazards to Army personnel and supporting Army contractor personnel during OCONUS force deployments and construction of prospective health surveillance epidemiology databases shall be accomplished under DODI 6050.5 and DODI 6490.3.
Toxic hazards to which Army personnel and contractors are exposed during wartime and other contingency operations should cover all aspects of the potential hazard—from the source and levels of exposure to health effects of individuals and groups. (4) In peacetime CONUS operations, Army safety and occupational health programs will not perform any measure- ments; that is, perform worker exposure monitoring of contractor worker exposure to Army equipment, unless specifically provided for in contracts between the Government and the contractor. 4–4.
Additional references to contract safety and health requirements See the following sections of this regulation for additional references to contract safety and health requirements: a. Chapter 5, Explosives Safety Management b. Chapter 7, Radiation Safety Management c. Chapter 9, System Safety Management d. Chapter 11, Motor Vehicle Accident Prevention e. Chapter 15, Aviation Safety Management f. Chapter 17, Workplace Inspections 37 AR 385–10 • 23 August 2007/RAR 4 October 2011