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2003 SPECIFICATIONS

SECTION 107

107.09

Contract

Safety.

(a)

General.

Subsection

107.01

of

the

Standard

Specifications requires that all Contractors doing work for the State must provide safety controls for the protection of the lives and health of the Contractor's employees and other

persons involved in the work on the job.

As the owner/contracting agency, the Department has the responsibility for enforcement of the provisions of the contract; however, provisions and regulations which, by law, are the fundamental responsibility of other agencies should not be monitored by the Department without giving proper recognition to the responsibilities and authorities of the other agencies involved. For such provisions and regulations, the Department will cooperate fully with the responsible agency and utilize such sanctions as are consistent with the contract terms in assisting the responsible agency in enforcing laws, rules, and regulations.

The Contractor has the responsibility for complying with the Federal construction safety standards as a statutory obligation under Federal law applying to all employers subject to regulations promulgated and enforced by the Occupational Safety and Health

Administration

(OSHA).

standards as a

contractual

The Contractor must also comply obligation on all direct Federal and

with the Federal

same safety Aid projects.

Therefore, regardless of whether the the Contractor is required to comply

job is funded with 100% State funds or Federal with the OSHA construction safety standards.

Aid,

Particular emphasis should be placed on excavation and trench safety. Contractors should be fully aware of and should follow OSHA regulations regarding trench safety. The Resident Engineer should encourage the Contractor to obtain copies of OSHA trench safety guidelines through the Arkansas Department of Labor, AGC, OSHA, or other agencies.

Federal laws have placed the basic responsibility for administration of the national program for occupational health and safety in the U.S. Department of Labor. This responsibility includes the issuance of mandatory safety and health regulations and standards and the enforcement of those standards for a wide variety of industries, including the nation's construction industry. The full scope of enforcement responsibility includes functions such as training of compliance officers, investigating complaints, making safety inspections, issuing citations for violations, assessing penalties, handling of appeals, obtaining accident data, and the analysis of statistical reports.

The Department recognizes the function of the Department of Labor as the official agency responsible for the enforcement of the requirements of the Occupational Safety and Health Act. It is not intended that Department personnel perform detailed, in- depth safety inspections of the Contractor's operations, since such inspections are the responsibility of OSHA and/or other agencies; however, the Resident Engineer’s personnel should monitor the Contractor's operations for general, substantial compliance with recognized safety standards and inform the Contractor when this compliance is not being met.

WHEN A HAZARDOUS CONDITION OR SITUATION IS OBSERVED, SOME TYPE OF ACTION MUST BE TAKEN, regardless of whether the hazard is

Page 100-79

7-01-03

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