5. Specific conditions in the sphere of H&S and FP
The CLIENT has established the occupational health and safety management system according to the standard EN ISO 18001.
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5.1.The CONTRACTOR is responsible for proper securing of the workplace in terms of occupational health and safety (hereinafter referred to as H&S) as well as fire protection rules (hereinafter referred to as FP) ensuing from the nature of the CONTRACTOR’s works, legislation and DSPW regulations applicable at the workplace.
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5.2.The CONTRACTOR agrees to notify the CLIENT before commencement of the work of the possibility of exceeding the health limits of the working environment (e.g. certain substances, dust, vibration, noise, etc.) in terms of health hazards of the CLIENT’S employees. The CONTRACTOR further agrees to determine appropriate measures to minimize negative effects of these harmful factors in cooperation with the CLIENT before commencement of the work.
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5.3.In order to ensure safe working environment, the CLIENT and the CONTRACTOR are obliged to share written information about the risks and measures taken to prevent from their negative influence related to relevant work activities and the workplace and they are obliged to cooperate in securing occupational health and safety for all employees at a workplace. The CLIENT and the CONTRACTOR are obliged to elaborate written information about the risks and safe working procedures in compliance with the procedure HS40200 according to the HS41600, further, as necessary, caused by factual circumstances related to the performance of the work , e.g., if manual handling is required, with the use of the procedure HS42300 or specific risk works according to the procedures HS42700, HS42800 and HS43700. Mutual written information concerning the risks is handed over in an electronic form between the CLIENT and the CONTRACTOR during signing the Contract.
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5.4.The CLIENT’s authorized employee shall ensure H&S, FP and EP training for the CONTRACTOR’s employees in accordance with the procedure HS40100 and he shall acquaint the CONTRACTOR with possible risks ensuing from local conditions present at relevant workplaces according to the procedure HS40200 in the form of the HS40295. At the same time, the CLIENT shall inform the CONTRACTOR within the Introductory Training about the obligations arising from the DSPW internal regulations at the place of the Contract fulfillment.
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5.5.The CONTRACTOR shall provide sufficient number of trained persons for providing first aid at the relevant workplace. The number of trained persons is determined by the CONTRACTOR on the basis of the procedure HS40100. The CONTRACTOR shall demonstrate compliance with this requirement to the CLIENT’s authorized employee in a written or electronic form before the CONTRACTOR commences the work.
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5.6.CONTRACTOR’s senior employees are then obliged to ensure provable acquaintance both of his own employees and employees of his sub-contracting companies with local conditions of the workplace and risks related to activities performed at the workplace in accordance with the procedure HS40200 into the form HS40295 before the work is commenced.
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5.7.The CONTRACTOR undertakes that his employees and his sub-contractors’ employees will follow all legal and other regulations relating to occupational health and safety according to a valid local legislation as well as internal regulations and instructions of the CLIENT. The CLIENT’s instructions which the CONTRACTOR is obliged to follow will be handed over to the CONTRACTOR before commencing the work so that he is able to familiarize himself as well as the employees contributing to performance of the subject of the Contract with them. If fulfilment of these instructions or regulations is connected with any financial expenses, the CLIENT will hand over to the CONTRACTOR a list of requirements before signing the Contract. Due and timely handover, understanding and obligation to follow the CLIENT’s instructions are confirmed in the Contract by the CONTRACTOR’s signature.
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5.8.The CONTRACTOR is responsible for the work he is performing at the DSPW workplaces with regard to H&S and FP regulations and for accepting safety signals (according to HS41400) by all his workers and employees.
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5.9.The CONTRACTOR bears full responsibility for damages caused by his employees to the CLIENT’s or third parties’ property or health and lives of physical persons who would be affected by the CONTRACTOR employees’ actions. The CONTRACTOR is obliged to conclude a liability insurance before initiation of the work at the DSPW workplaces. For the purposes of this provision, these are damages that occurred during implementation of the subject of the Contract or in connection with it.
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5.10.The CONTRACTOR will provide his employees with personal protective equipment within the minimum extent as follows:
– Work clothing with visible company name
– Work safety boots (S3)
In addition, based on risk assessment:
– Protective helmet (max. 5 years old)
– Safety glasses
– Respiratory protection
– Hearing protection
– Working gloves according to the purpose of use (handling chemical substances, manual material handling, etc.)
– Fall arrest devices
– Reflective vest with company name
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5.11.The CONTRACTOR is obliged to provide his employees with manual tools suitable for the worksite environment of the subject of the fulfilment of the Contract and the tools shall correspond to the requirements of the standards CSN 33 1600 2nd Edition and CSN Category 23 – Tools.
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5.12.In case of injuries, accidents and near-misses, the CONTRACTOR is obliged to proceed in compliance with the procedure HS41900, i.e., to make due records of injuries, accidents and near-misses and to actively cooperate during investigation of their causes that are connected with his employees or their activities within the fulfilment of the subject of the Contract. Further the CONTRACTOR is obliged to co-operate during administration acts related to the record or registration of industrial injuries in terms of the valid legislation. The CONTRACTOR undertakes to inform the CLIENT about all occurring injuries, accidents and near-misses without undue delay.
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5.13.The CONTRACTOR undertakes that the work connected with the implementation of the subject of the Contract will be carried out only by employees who are medically fit for these works. On the CLIENT’S request the CONTRACTOR is obliged to produce evidence for medical fitness of each employee.
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5.14.The CONTRACTOR is responsible for making sure that workers involved in the implementation of the subject of the Contract fulfil the qualification requirements for the performed work. As far as special working activities are concerned, employees shall also fulfil professional qualification. Documents proving qualification or professional qualification shall be provided by the CONTRACTOR on the CLIENT’s request or when performing activities specified in the procedure HS42500.
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5.15.The CONTRACTOR is obliged to make sure that technical equipment he will use for the implementation of the subject of the Contract will comply with the requirements of the procedure HS43700 and applicable legal regulations valid at the time and place of the use. The CONTRACTOR is obliged to maintain these devices and equipment in operating condition as specified above during the entire time of the Contract fulfilment. In case that the technical equipment is not found to be in compliance with the standards, corrective measures shall be undertaken by the DSPW at the CONTRACTOR’s own expenses.
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5.16.The CONTRACTOR is obliged to ask the CLIENT for permission for work in compliance with the procedures HS43300 before the use of working procedures or materials which may represent increased risk for the assets of the CLIENT or for the health or life of persons who may be affected by the CONTRACTOR’s activities with regard to physical, chemical or biological effects of these activities and used materials. The CONTRACTOR is obliged to present information concerning the time of use of a relevant procedure including application of preventive measures ensuring protection of health and life of physical persons present at the workplace (e.g. a rescue plan).
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5.17.In case of performing work at height, the CONTRACTOR is obliged to ensure occupational health and safety according to the legal regulation provisions of the Government Decree No. 362/2005 Coll., on detailed requirements regarding safety and protection of health at workplaces with a risk of falling from a height or into a depth and the CLIENT’s documentation HS43700.
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5.18.The CONTRACTOR shall visibly display a completed form No. 1 – Identification sheet of the sub-contractor at each worksite where the subject of the Contract is performed.
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5.19.The CONTRACTOR shall ensure and the CLIENT shall hand over a written handover of the workplace (see the form No. 2 – Record of the worksite handover and takeover ) via a senior employee responsible for the workplace where the subject of the Contract is performed.
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5.20.The CONTRACTOR is responsible for occupational health and safety and FP of his employees and workers and for providing material FP equipment at the workplace where the subject of the Contract is performed. He is also responsible for the fire protection measures arising from the nature of the work specified in the Contract. The CONTRACTOR is obliged to observe all safety and fire protection regulations valid at the place and time of a relevant worksite or activity (especially the applicable legislation valid in the country where the work or activity are performed) during the implementation of the subject of the Contract.
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5.21.The CONTRACTOR shall regularly monitor the level of H&S, to consistently seek hazardous factors and processes of the work environment and conditions and take measures to eliminate or minimize them in order to prevent reoccurrence. The CONTRACTOR shall inform the CLIENT in writing on the measures of the immediate and preventive nature that have been taken.
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5.22.The CONTRACTOR is obliged to make sure that workplaces handed over are properly protected, as required by the Fire Protection Act No. 133/1985 Coll. and the Act No. 309/2006 Coll., regulating further requirements for occupational health and safety in labour relations. Preventive inspections performed at the entrusted worksites are ensured by the CONTRACTOR according to the requirements of the HS43500 and HS42500. A written report containing results of these inspections shall be produced and the CONTRACTOR is obliged to inform the CLIENT about the findings and to observe requirements or decisions specified in the inspection report.
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5.23.The CONTRACTOR is obliged to perform all welding works pursuant to the HS43300 and in accordance with the legislation and standards valid at the time and place where these works are performed.
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5.24.The CONTRACTOR is obliged to make sure that flammable liquids, pressurized gases and raw oil substances are stored in compliance with the decree No. 23/2008 Col. and standards, especially the CSN 05 0601 and the CSN 65 0201 and the legislation valid in the country where these substances are stored.
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5.25.When using means of transport during implementation of the subject of the work, the CONTRACTOR and his sub-contractors are obliged to follow the provisions of Traffic and Operation Rules procedure PŘ2014/2, as amended.
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5.26.The CLIENT is entitled to unilaterally stop such CONTRACTOR’s works that are in contradiction with the H&S and FP regulations. The CONTRACTOR may resume work only after he has removed all the defects and failures and obtained the CLIENT’s approval.
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5.27.If the CONTRACTOR uses lifting devices of the CLIENT, he is obliged to familiarize with the local operation regulation for safe work in crane transport (Q13100), and, hand over mass data and all transport and binding procedures for a given part to the CLIENT before handling any individual part.
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5.28.The CONTRACTOR must label the individual parts supplied by him with mass data in such a way that it cannot be easily removed from it. If the mass data label is removed, the CONTRACTOR is obliged to label the given part again.
6. Specific conditions in the sphere of Environmental Protection
The CONTRACTOR is obliged to perform all his activities in such a way to prevent from violation of legal regulations in the sphere of treatment of waste, water, chemical substances and compounds and air protection.
The CONTRACTOR is solely responsible for observance of the following points during implementation of the work:
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6.1.Application of all measures necessary for protection of the environment at the assigned workplace, for eliminating damages by noise, dust or smoke pollution or other causes produced and caused by the CONTRACTOR’s activities.
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6.2.When using harmful substances, the CONTRACTOR shall proceed in accordance with the Water Act No. 254/2001 Coll., as amended, in accordance with the Waste Act No. 185/2001 Coll., and the Chemical Act No. 350/2011 Coll., as amended, and, the CLIENT documentation E30500, E30300, i.e., he is mainly obliged to:
a) Store containers with dangerous chemicals in retaining vessels
b) If the CONTRACTOR wishes to use dangerous chemicals and substances in the DSPW Company, he must have available an updated and valid Safety Data Sheet for a given chemical substance or compound. To get the chemical substances approved, an applicant must hand over a list of all CSCs he/she is intending to use in the DSPW Company, including the safety sheets, purpose of the use as well as supposed amount.
c) The CONTRACTOR is obliged to store all chemical substances necessary for work in sealed containers designed for chemicals and must be clearly marked in Czech language. Storage of such substances shall be in accordance with the valid legislation, norms and standards of the DSPW
d) Safety data sheets according to the Regulation ES 1272/2008 CLP must be available for all chemical substances used at the workplace
e) When using hazardous chemical substances and compounds classified as highly toxic, toxic, corrosive or carcinogenic of the category 1, or mutagenic substances for reproduction of the category 1, and chemical substances and compounds, which are marked by “H-sentence” (H350, H350i, H340, H360F, H360D, H360FD, H360Fd, H360Df), the CONTRACTOR is obliged to hand over the safety sheets as well as written rules to handle hazardous chemical substances and compounds.
f) Not to use food packages for handling chemical substances or compounds
g) Cutting fluids and oil leaks shall be removed regularly
h) Waste should be treated according to the relevant waste catalogue and stored in prescribed containers according to requirements specified in the Waste Act
i) The CONTRACTOR shall dispose of hazardous waste at his own expenses – unless the Contract explicitly specifies otherwise
j) Label the hazardous waste collection means with the corresponding waste catalog number (according to the Waste Act) and the graphic symbol characterizing the hazardous property.
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6.3.During the implementation of works at the designated workplace, the CONTRACTOR is obliged to observe the environmental protection rules including the valid legislation. The CONTRACTOR is liable for all penalties issued in connection with violation of the above specified rules.
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6.4.The CLIENT shall have the right to unilaterally stop such works performed by the CONTRACTOR which are performed against the relevant environmental policies. The CONTRACTOR may resume such stopped works only if the defects or shortcomings endangering the environment are removed and if the CLIENT agrees.
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6.5.The CONTRACTOR shall make sure at his own expenses that collection and disposal of hazardous waste produced by his activities is performed properly in order to make sure that waste is not stored unnecessarily at the workplace and thus endangering the environment, unless specified otherwise in the Contract.
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6.6. All raw materials and waste produced by the CONTRACTOR which may endanger the environment or health of persons shall be stored in such a way that these cannot pose threat to the environment or to health of persons and shall be protected against unauthorized use, misuse or leakage.
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6.7.The CONTRACTOR is allowed to use as temporary waste collection/storage sites only the places designated for this purpose by the CLIENT. Upon request, the CONTRACTOR is obliged to present the CLIENT with documents demonstrating how waste was disposed of.
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6.8.The CONTRACTOR is responsible for removing all used packages of chemicals and compounds and all waste produced by his activities in accordance with valid legal regulations and he shall do so at his own expenses and under his own responsibility, unless specified otherwise in the Contract.
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6.9.The CONTRACTOR must not bring waste, chemical substances and compounds to the premises/worksites of the CLIENT with the intention to store them there.
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6.10.The CONTRACTOR shall keep the roads as well as other areas located inside the premises/workplaces of the CLIENT clean and tidy and he shall protect the greenery. Possible use of areas by the CONTRACTOR shall be specified by the CLIENT in the Contract.
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6.11.In case of a breakdown (serious deterioration or serious threat to quality of ground or underground water), the CONTRACTOR is obliged to apply the necessary immediate corrective measures and to remove the consequences of the relevant breakdown or accident.
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6.12.While performing the work activities, the CONTRACTOR is obliged to provide applicable means and tools, which may be used for disposal of emergency situations connected with the environmental protection.
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6.13.The CONTRACTOR possessing a certified environmental management system, for example according to the standard EN ISO 14001, shall hand over a Register of environmental aspects, including evaluation of their significance, to the CLIENT before the Contract is signed, that will be elaborated for a relevant workplace (a place where the work activities are performed).