[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR352.223-70]



[Page 74-75]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 352_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 352.2_Texts of Provisions and Clauses

 

Sec. 352.223-70  Safety and health.



    The following clause, or one reading substantially the same, shall 

be used as prescribed in 323.7002:



                      Safety and Health (JAN 2001)



    (a) To help ensure the protection of the life and health of all 

persons, and to help prevent damage to property, the Contractor shall 

comply with all Federal, State and local laws and regulations applicable 

to the work being performed under this contract. These laws are 

implemented and/or enforced by the



[[Page 75]]



Environmental Protection Agency, Occupational Safety and Health 

Administration and other agencies at the Federal, State and local levels 

(Federal, State and local regulatory/enforcement agencies).

    (b) Further, the Contractor shall take or cause to be taken 

additional safety measures as the Contracting Officer, in conjunction 

with the project or other appropriate officers, determines to be 

reasonably necessary. If compliance with these additional safety 

measures results in an increase or decrease in the cost or time required 

for performance of any part of work under this contract, an equitable 

adjustment will be made in accordance with the applicable ``Changes'' 

clause set forth in this contract.

    (c) The Contractor shall maintain an accurate record of, and 

promptly report to the Contracting Officer, all accidents or incidents 

resulting in the exposure of persons to toxic substances, hazardous 

materials or hazardous operations; the injury or death of any person; 

and/or damage to property incidental to work performed under the 

contract and all violations for which the Contractor has been cited by 

any Federal, State or local regulatory/enforcement agency. The report 

shall include a copy of the notice of violation and the findings of any 

inquiry or inspection, and an analysis addressing the impact these 

violations may have on the work remaining to be performed. The report 

shall also state the required action(s), if any, to be taken to correct 

any violation(s) noted by the Federal, State or local regulatory/

enforcement agency and the time frame allowed by the agency to 

accomplish the necessary corrective action.

    (d) If the Contractor fails or refuses to comply with the Federal, 

State or local regulatory/enforcement agency's directive(s) regarding 

any violation(s) and prescribed corrective action(s), the Contracting 

Officer may issue an order stopping all or part of the work until 

satisfactory corrective action (as approved by the Federal, State or 

local regulatory/enforcement agencies) has been taken and documented to 

the Contracting Officer. No part of the time lost due to any stop work 

order shall be subject to a claim for extension of time or costs or 

damages by the Contractor.

    (e) The Contractor shall insert the substance of this clause in each 

subcontract involving toxic substances, hazardous materials, or 

hazardous operations. Compliance with the provisions of this clause by 

subcontractors will be the responsibility of the Contractor.



                             (End of clause)