104.07 Contractor Obligations

2012 STANDARD SPECIFICATIONS FOR CONSTRUCTION - SECTION 104

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Project & Worksite Safety

As required in Subsection 104.07.B.2 Safety and Health Requirements, Construction Safety Program, of the Standard Specifications for Construction, the contractor must submit a written “Construction Safety Program”. This program should initially be the contractor’s accident prevention program (safety plan) as required of every construction employer by the Michigan Occupational Safety and Health Administration (MIOSHA). The program should include generic items such as the process for reporting work related injuries and illnesses, hazard communication and access to safety data sheets (SDSs), first aid/cardio-pulmonary resuscitation (CPR) plan, and high visibility apparel. The program should also include specific risks and hazards of the project and plans to address them. These items could include, but are not limited to:

• Working over water
• Silica in construction
• Fall protection (including use of scaffolds, aerial lifts, etc.)
• Confined spaces
• Excavation and trenching
• Cofferdams
• Night work/lighting
• Lead in construction
• Other site-specific health hazards
• Emergency preparedness plan (what to do in case of fire, severe weather, etc.)

Any or all of the items that are of particular concern to either the Michigan Department of Transportation (MDOT) or the contractor must be discussed during the pre-construction meeting, or dependent on the project and potential safety and health hazards, in a separate meeting prior to the start of work.

Once the project starts, there should be periodic/regular reviews of safety and health issues during progress meetings with the contractor.

If during the project an imminent danger issue arises (defined as a situation which is directly witnessed and could reasonably be expected to cause death or serious physical harm), the following steps are to be considered:

• Immediately suspend all work on the project related to or associated with the imminent danger issue and report to your supervisor and the respective construction/project engineer. The imminent danger issue may involve any tier contractor, supplier, motorist, inspection staff, pedestrian, etc.
• Contact your supervisor or the MDOT Safety and Security Administration at 517-241-1697 on any questionable issues. Any verbal directions to suspend work are to be followed up immediately with the issuance of Form 1165, Notice of Non-Compliance with Contract Requirements.

For serious safety issues (defined as, but not limited to, falls, electrocutions, struck-by, crushed-by/caught-between, and excavations):

• Report serious safety issues that could result in injury to any person or damage to private or public property to the contractor.
• Immediately inform your supervisor and the respective construction/project engineer.
• The construction/project engineer is to contact MDOT Safety and Security Administration at 517-241-1697 if there is a questionable issue or if the contractor fails to address the safety issue as requested. A call to MIOSHA, at their toll-free number 800-866-4674, may be advised if the issue is not resolved.

For both imminent danger and serious safety issues, after following the above steps:

• Document issue with an Inspector Daily Report(IDR).
• Include photographs of all imminent danger or serious safety issues in the project files with the IDRs. Personal safety must be maintained, and the safety of others cannot be compromised while taking photographs.
• Document and consider all safety issues as part of the interim and final contractor performance evaluation process.

The following criteria apply directly to project oversight work:

• MDOT employees or their representatives/consultants must be provided safe access to inspect all contract work as required in Subsection 104.01.E of the Standard Specifications for Construction. If safe accommodations are not provided notify your supervisor and the respective construction/project engineer for further action and direction.
• Safe access includes ensuring qualified or competent contractor representatives are observing or monitoring potentially hazardous conditions such as excavations, trenches, and confined spaces.
• Any training or review required for safe access into potentially hazardous exposures, including but not limited to lead, silica, and falls, shall be conducted prior to the actual inspection.
• Issue Form 1165, Notice of Non-Compliance with Contract Requirements, for safety issues that are not immediately resolved or the presence of any unsatisfactory conditions.
• Immediately contact your supervisor and the MDOT Safety and Security Administration at 517-241-1697 when MIOSHA visits a MDOT project office or MDOT worksite. Further information regarding MIOSHA visits can be found on the MDOT Safety and Security Administration internal web page under the safety topic MIOSHA Visits.

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Worker Visibility

High visibility clothing or high visibility safety apparel is personal protective equipment that is intended to provide conspicuity of the worker during both daytime and nighttime usage.

In November 2006, the Federal Highway Administration (FHWA) issued 23 CFR, Part 634, Worker Visibility Final Rule. This rule was incorporated into the 2009 Federal Edition of the Manual on Uniform Traffic Control Devices (MUTCD) and thus also into the 2011 Michigan MUTCD and expanded the worker visibility application to all public roads effective December 31, 2011.

The MMUTCD, Section 6D.03, standard states that:

All workers, including emergency responders, within the right-of-way who are exposed either to traffic (vehicles using the highway for purposes of travel) or to work vehicles and construction equipment within the TTC zone shall wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107–2004 publication entitled “American National Standard for High-Visibility Safety Apparel and Headwear” (see Section 1A.11), or equivalent revisions, and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure, except as provided in paragraph 5. A person designated by the employer to be responsible for worker safety shall make the selection of the appropriate class of garment.

A contractor that is not in compliance with the worker visibility requirements as put forth in the MMUTCD is to be issued a Notice of Non-Compliance with Contract Requirements (Form 1165). Furthermore, as this is a primary safety issue, use a contractor performance evaluation (both interim and final) to document issues with compliance to this federal and MDOT requirement.

As part of the ANSI 107 standard, there are specific requirements for labeling of complaint apparel. If the apparel is not labeled as meeting ANSI 107, including which Performance Class it meets (Class 2 or 3), it is not in compliance.

Please note that the use of an ANSI 107 high visibility garment does not take the place of a proper work zone set-up or proper night work lighting. Personal protective equipment should always be the last item considered when ensuring hazards are controlled.

The vests shown below at right do not meet the standard. These are the old-style high visibility vests that do not meet the ANSI 107 standard. Notice the narrow width of the retro-reflective strip and the lack of material around the torso. Vests that only cover the front and back of the wearer do not meet the standard which requires 360-degree visibility.

Bright colored t-shirts shown above at left may have sufficient background material that meets one requirement of the ANSI standard; however, for the shirt to meet the entire ANSI 107 standard it must have retro-reflective material/strips. Some contract workers claim they do not need the retro-reflective strips on their clothing, as they are not working at night. However, the FHWA requirement rule does not allow for anything other than an ANSI 107 Class 2 or 3 compliant garment, which must have retro-reflective strips.

It should be noted when workers are performing welding, cutting, or brazing operations, the use of a high visibility vests may create an additional hazard unless the vests are flame retardant.

Excessively dirty or worn vests, examples shown below, do not afford an appropriate level of visibility for the workers and must either be washed or replaced. The American Traffic Safety Services Association (ATSSA) brochure is a valuable guidance document showing acceptable and unacceptable examples of high-visibility apparel and provides guidelines for replacement.

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Workplace Conduct Expectation

It is MDOT policy to promote a safe environment for its employees, free from acts of violence, threats of violence, or harassment. Any verbal or physical conduct or communication that substantially interferes with an employee’s ability to get work done, or creates a hostile, threatening, offensive, and/or intimidating work environment shall not be tolerated. Complaints of violence, threats of violence, or discriminatory harassment shall be investigated. Violators of this policy shall be subject to disciplinary action or contract sanctions.

In accordance with the Standard Specifications for Construction, it shall be the contractor's responsibility to protect the life and health of all personnel on the job. The contractor shall perform the work in whatever manner may be required to comply with all applicable laws. Acts or threats of violence towards State employees, State customers, citizens, or other persons having business association with MDOT will not be tolerated. Violation of these requirements may result in a suspension of work by the engineer in accordance with subsections 104.01 and 107.01 of the Standard Specifications for Construction. In addition, violation of these requirements will be considered unacceptable performance by the contractor and may result in actions up to and including a loss of pre-qualification.

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Equipment Back-Up Warning

Material handling equipment, which is any equipment that moves material in any manner, shall have a back-up warning system in place. This is for the safety of all and is a requirement per MIOSHA’s Construction Safety Standard, Part 13, Mobile Equipment, which states:

No employer shall use any motor vehicle equipment having an obstructed view to the rear unless:
(i) The vehicle has a reverse signal alarm audible above the surrounding noise level or:
(ii) The vehicle is backed up only when an observer signals that it is safe to do so.

This rule applies to all employers, including prime contractors, subcontractors, and trucking companies delivering and removing material from the jobsite.

Costs incurred to comply with this requirement will be the responsibility of the employer/contractor.

Should a contractor not comply with this requirement, a Notice of Non-Compliance with Contract Requirements (Form 1165) should be issued. Furthermore, as this is a primary safety issue, use a contractor performance evaluation (both interim and final) to document issues with compliance to this MIOSHA requirement.

See Also

102.02.2 - Preconstruction Meeting

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