1. Independent Contractor. Each Contractor is and shall remain an independent contractor as to all Work performed under any applicable contract. Nothing herein shall relieve a Contractor of its sole responsibility for the safety of its Workers and their Work performance. Contractor shall take all appropriate actions to enforce and ensure that these Rules, in addition to the following (together, collectively referred to as “Requirements”), are strictly adhered to:
- State, federal, and local safety and health requirements that are in effect or that may take effect during the Work;
- Work specific guidance and instructions; and
- Site-specific rules and/or addenda
2. Inform and Educate. Contractor is required to inform and educate its Workers of the Requirements prior to the start of Work to ensure compliance. In accordance with the Occupational Safety and Health Administration (OSHA) regulations, Contractor must provide safety training in a language and vocabulary Workers can understand.
3. Safety Statistics. Contractor and Workers must maintain Work Site records of man-hours worked for AECC and of all injuries and illnesses occurring and reported while working on behalf of AECC, specifically identifying those that meet the OSHA definition of “recordable.” Particularly for large or long-duration projects, AECC’s designated safety representative (DSR).shall be provided with copies of such Work Site injury and Work-hour records at the completion of the job. AECC's focus on evaluating Contractor safety performance, as demonstrated by Work Site injury and illness statistics, indicates to Contractor that satisfactory performance extends far beyond pre-bid and pre-job submittals and discussions. Such statistics can also be used to measure the effectiveness of Contractor safety programs and the Contractor’s performance of the Work.
4. Designation of Competent Person. The Contractor shall assign or designate a Competent Person to each Work Site at which Work is being performed, as required in 29 CFR 1926.20(b)(2) and defined in 29 CFR 1926.32(f). Such designation shall be documented and maintained by the Contractor, and made available to the DSR upon request.
Safety-related communication between the Contractor and AECC should be made through Contractor’s Competent Person and DSR. Contractor’s Competent Person shall take appropriate corrective actions for safety violations committed by personnel of Contractor or its Workers. However, if the DSR notes safety violations either as to personnel or equipment, the DSR may halt Work progress at the Contractor's expense until such time that the unsafe condition has been corrected.