SSPC-PA Guide 10 August 1, 2008

SSPC: The Society for Protective Coatings

PAINt AppLIcAtION GUIDE NO. 10

Guide to Safety and Health Requirements for Industrial Painting Projects

1. Scope
1.1 It is generally recognized that facility owners and specifiers should consider construction risks as part of their overall risk management programs. This document provides guidance for facility owners and project specifiers who have a mandate to incorporate appropriate requirements for safety and health program submittals and associated acceptance criteria in contract documents. It also alerts contractors to their responsibilities to protect workers as required by the US. Occupational Safety and Health Administration (OSHA). Both owners and contractors should be familiar with the OSHA Compliance Directive CPL 02-00-124 of December 10, 1999, which clarifies citation policies for multi-employer worksites, including owners, contractors, and subcontractors. 1.2 Guidance and recommendations made herein are not all-inclusive and are not intended to supplant, replace or supersede any specific federal, state or local statute or regulation applicable to safety and health hazards or programs on industrial and marine painting projects.

Bid Phase Considerations Bid Package and Review Process Contractor Prequalification Invitations to Bid Request for Proposals Pre-Bid Meeting and Site Visit Contractor Selection and Bid Award Pre-Construction Phase Pre-Job Hazard Analysis Pre-Job Meeting Contractor Submittals Project-specific Health and Safety Plan (HASP) Implementation Plan Construction Phase Project Plans and Personnel Acceptance Criteria, Roles, Qualifications Observation of Construction Inspections, Audits, Meetings Documentation Pre-Job Hazard Analysis, Accident Reporting, Work Permits Change Orders/Scope Changes Dealing with Non-conformances Post Construction Phase Final Acceptance O&M Procedures Warranty Inspections/Repairs Document Retention 2.3 At a minimum, facility owners and specifiers should include mandatory provisions in contract documents for contractors to develop, implement and maintain a corporate safety and health plan tailored to the requirements of the specific project. However, facility owners and specifiers may wish to incorporate more detailed provisions on safety and health program requirements. Examples of contract language are provided in Appendix A. Safety compliance requirements included in the contract should be highlighted during pre-bid meetings, site orientation or before the Contractor starts work. Facility Owners may wish to have a sign-off form documenting these discussions.

2. Guidance for Facility Owners and Specifiers

2.1 Guidance on effective incorporation of requirements for safety and health protection in construction contracts is available in the Health and Safety (H&S) Requirements in Construction Contract Documents guidance manual published by the American Industrial Hygiene Association (AIHA). The intent of the AIHA Guide is to identify practices and procedures currently used in industry to manage contractor H&S activities from the conceptual phase through construction and post-construction work, by including H&S requirements in contract documents. 2.2 Some of the principal opportunities to address H&S concerns as addressed in the AIHA Guide include: Design Phase Considerations Contract Issues Prime vs. Subcontractor Requirements Flow-Down Provisions Insurance and Bonding Warranty, Hold Harmless and Indemnity Provisions Scheduling and Coordination of Work H&S Pay Items and Incentives

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3. Guidance for Contractors

3.1 Necessary precautions must be taken to protect personnel from injuries and illness and to prevent property damage due to falls, exposure to toxic atmospheres (e.g. vapors, dusts and gases), fires, explosions, or other dangers during surface preparation and coating application activities. 3.2 Federal laws, or state laws providing at least equal protection, govern control of safety and health hazards on all industrial maintenance painting projects. Most of these requirements are established by OSHA. OSHA regulations most likely to apply to industrial painting projects are contained in the Code of Federal Regulations (CFR), Title 29, Part 1926 Safety and Health Standards For Construction, (commonly written as 29 CFR 1926). Regulations covering shipyard workers are found in 29 CFR 1915 Occupational Safety and Health Standards for Shipyard Employment). OSHAs general industry standards are found in 29 CFR 1910 Occupational Safety and Health Standards and typically apply to permanent places of employment (e.g. manufacturing facilities). However, OSHA indicates in 29 CFR 1910.5(c)(2) that any standard shall apply according to its terms to any employment and place of employment in any industry, to the extent that none of such particular standards applies. Therefore, it is considered required practice to follow the requirements of 29 CFR 1910 whenever there are workplace hazards not specifically regulated by 29 CFR 1926 or where 29 CFR 1910 provides more detailed guidance than 29 CFR 1926. Where 29 CFR 1910 and 29 CFR 1926 have conflicting requirements, the more stringent requirements apply. Where necessary to protect worker safety and health, (e.g. there is a work place hazard that is not addressed by a specific OSHA regulation), feasible control measures beyond those required by OSHA should be implemented. 3.2 Under Accident prevention responsibilities in 29 CFR 1926.20(b)(1), OSHA establishes that It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part. In this instance part refers Part 1926 of the Code of Federal Regulations (i.e. 29 CFR 1926). Therefore, contractors have an obligation under OSHA to initiate and maintain safety and health programs addressing the hazards of their worksites and the standards described in Section 3.1 above. SSPC-Guide 17 provides additional guidance on the rationale for and components of a painting contractors safety program. 3.3 SSPCs Painting Contractor Certification Program requires painting contractors seeking certification to SSPC-QP 1 to develop, implement and maintain a safety and health program addressing at a minimum all recognized or foreseeable hazards of their work. Safety and health programs should be developed and maintained in substantial conformance with the guidance found in Chapter 8 Safety and Health in the Protective Coatings Industry, of SSPC Painting Manual, Vol. 1, Good Painting Practice, and SSPC Technology Guide

No. 17, Guide to Developing a Corporate Safety Program for Industrial Painting and Coating Contractors. 3.4 State safety requirements may exert additional controls in relevant areas of worker safety and health whenever federalapproved state OSHA programs are in place. 3.5 Municipal or township ordinances must be followed whenever specific rulings impose restrictions beyond the federal and/or state requirements. 3.6 Some contract specifications may contain requirements for safe methods of practice for specific areas that must be adhered to. 3.7 All safety instructions received from the coating manufacturer should be followed. 3.8 Consensus standards for recommended safety practices from organizations such as the American National Standards Institute (ANSI), National Fire Protection Association (NFPA), and the American Conference of Governmental Industrial Hygienists (ACGIH) are not enforceable by OSHA. However, consensus standards can be enforced by OSHA if they are incorporated by reference into an OSHA standard. Consensus standards referenced in an OSHA standard should be consulted during the development and implementation of any safety and health program in an effort to ensure current control technology is reflected in the program.

4. Disclaimer
4.1 This guide is designed to describe, review, or analyze new or improved technology and does not meet the definition of a standard as defined by SSPC. A guide differs from a standard in that it is not suitable for referencing in a specification or procurement document. SSPC guides are intended to provide consensus recommendations for best industry practice. They are not written as requirements that may be cited in a contract. However, specifiers may incorporate information from an SSPC guide into project-specific contract requirements. 4.2 While every precaution is taken to ensure that all information furnished in SSPC guides is as accurate, complete, and useful as possible, SSPC cannot assume responsibility nor incur any obligation resulting from the use of any materials, coatings, or methods described herein, or of the guide itself. 4.3 The user of this guide, as well as the user of all products or practices described herein, is responsible for instituting appropriate health and safety practices and for ensuring compliance with all governmental regulations

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5. Additional Reading
Adley, D.P., Safety and Health in the Protective Coatings Industry Chapter 8 of Good Painting Practice, SSPC Painting Manual, Vol. 1. 4th edition. Pittsburgh, PA: SSPC, 2002. AIHA Guideline No. 4, Health and Safety Requirements in Construction Contract Documents. Fairfax, VA: American Industrial Hygiene Association, 2005. Compliance Directive CPL 2.0-124, Multi-Employer Citation Policy, US Dept. of Labor, Occupational Safety and Health Administration, December 10, 1999. SSPC Guide 17 (latest edition) Guide to Developing a Corporate Safety Program for Industrial Painting and Coating Contractors. Pittsburgh, PA: SSPC. U.S. Code of Federal Regulations, Title 29, Part 1910 (latest revision), Occupational Safety and Health Standards. (All CFRs are available online at http://www.gpoaccess.gov/ cfr/index.html.) U.S. Code of Federal Regulations, Title 29, Part 1915 (latest revision), Occupational Safety and Health Standards for Shipyard Employment. U.S. Code of Federal Regulations, Title 29, Part 1926 (latest revision), Safety and Health Standards For Construction.

of ______ days* prior to mobilization to the project site. *Insert the number of days required for submittal review time; e.g., 30. A.5 Worker Protection Program: Provide a projectspecific compliance program, prepared under the direction of, and signed by, a Certified Safety Professional (CSP) or Certified Industrial Hygienist (CIH), for the protection of Contractor and any subcontractor workers from all recognized and foreseeable hazards on the job site in accordance with 29 CFR 1926 and 29 CFR 1910, as applicable, as well as the requirements of this Specification. Update the plan at least annually, or as conditions warrant. A.6 Worker Protection Program Acceptance Criteria: To be acceptable, the contractors Worker Protection Program must provide procedures addressing each applicable element of the following, at a minimum: General Safety and Health Provisions in accordance with applicable sections of Subpart C of 29 CFR 1926 including safety training and education, first aid and medical attention, housekeeping and control of site access at a minimum. Occupational Health in accordance with applicable sections of Subparts D and Z of 29 CFR 1926 including occupational noise; gases, fumes, dusts and mists; hazard communication; lead, cadmium, arsenic, chromium and other toxic metals. Fire Protection and Prevention, and Emergency Response in accordance with the requirements of 29 CFR 1926.24 and 1926.150 for the control, storage and handling of flammable and combustible materials, including a sitespecific Emergency Response Plan in accordance with the requirements of 1926.65(q) at a minimum. Electrical Safety in accordance with 29 CFR 1926.400, 1926.403, and all applicable provisions of 29 CFR 1926, Subpart K. Lockout/Tagout Plan in accordance with 29 CFR 1910.147 and 1910.333 that will be followed for lockout/tagout of existing electrical utilities within containment or other work areas as appropriate. Include provisions for coordinating lock-out/tag-out activities with the facility owner. Scaffolds, Work Platforms and Fall Protection in accordance with applicable sections of Subparts L and M of 29 CFR 1926. Confined Space Entry in accordance with 29 CFR 1929.21(b)(6) and 1910.146.

Nonmandatory Appendix A. Examples of Contract Language

A.1 Corporate Safety Program: Implement and maintain programs and procedures that comply with the requirements of this Specification. Comply with all applicable regulations even if the regulation is not specifically referenced herein. If a state or local regulation is more restrictive than the requirements of this Specification, follow the more restrictive requirements. A.2 Identification of the items in this Specification which are of specific interest to the facility owner in no way relieves the Contractor of the responsibility to comply with all regulatory requirements, nor should it be construed that the facility owner, the EPA, OSHA, or state and local regulators are only interested in these items. A.3 Acceptance Criteria: Establish minimum standards for the content of programs, plans, procedures, and designs required by this Specification for the performance of the Contract. Acceptance criteria will be the basis for judging the responsiveness of Contractors programs and will also be used as a basis for suspending work, if necessary. A.4 Submittal Schedule: Submit the following plans and programs to the Engineer for review and acceptance a minimum

A.7 Do not construe facility owner acceptance of Contractor submittals to imply approval of any particular method or sequence for conducting the work, or for addressing health and safety. Acceptance of the programs does not relieve the Contractor from the responsibility to conduct the work in strict accordance with the requirements of this Specification, or to adequately protect the health and safety of all workers involved

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in the project including any members of the public who may be affected by the project. The Contractor remains solely responsible for the adequacy and completeness of the programs and work practices, and adherence to them. A.8 The facility owner has the right to examine the site of any accident and to question any person having knowledge of any such accidents. The facility owner has the right, but not a duty, to inspect the site to ensure that the safety and health requirements under this contract are being implemented and fulfilled. If inspections reveal deficiencies, immediately take action as may be required to correct the deficiencies. If Contractor fails or refuses to correct an unsafe or unhealthful condition, the facility owner has the right to stop all or part of work performed until satisfactory corrective action has been taken. The facility owner will not be subject to claims by Contractor, its employees or its subcontractors as a result of this stop work order. The facility owner maintains the right, but not the obligation, to remove any person(s) from the site if, in the opinion of the facility owner, the person(s) endangers the safety or health of others.