Professional Documents
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Appendix A-0-1 Independent Contractor HSE RQMT
Appendix A-0-1 Independent Contractor HSE RQMT
Appendix A-0-1 Independent Contractor HSE RQMT
CONTRACTOR GENERAL HEALTH, SAFETY, AND ENVIRONMENTAL (HSE)
CONTRACT REQUIREMENTS
CONTRACTOR shall comply with the following Independent Contractor General Health, Safety, And
Environmental Contract Requirements when performing work for Energy Development Corporation (EDC) and
its subsidiaries (the “COMPANY”), to be hereinafter referred to as the “Requirements”.
These Requirements are to be considered as minimum standards and are deemed to be part of the Contract.
They are intended to supplement, not replace, CONTRACTOR's HSE program. It is CONTRACTOR's obligation
and responsibility to develop and implement a program to assure exemplary workplace health, safety, and
environmental protection appropriate to the work to be performed and to ensure compliance with all
applicable health, safety, and environmental laws, regulations, rules and standards. The CONTRACTOR’S
HSE program shall be compatible and aligned with the COMPANY’S program. By providing these
Requirements, COMPANY does not make any representation or warranty to CONTRACTOR or any other
party. CONTRACTOR's compliance with these Requirements in no way alters CONTRACTOR's status as an
independent contractor or CONTRACTOR's liability and indemnity under this Contract.
Independent Contractor Status
All of the CONTRACTOR’s activities are those of an Independent Contractor, and the CONTRACTOR, its
employees, personnel, agents, workers and representatives (hereinafter, “personnel”) shall not be considered
as employees or agents of COMPANY. As an Independent Contractor, CONTRACTOR assumes all legal and
contractual obligations arising out of the performance of this Contract, no matter to whom such obligations
may be owing, whether to the country or any political subdivision thereof, to CONTRACTOR’s own personnel
or to third persons. COMPANY may instruct and direct CONTRACTOR as to the end results to be obtained
from CONTRACTOR’s employees pursuant to the Contract. CONTRACTOR, as an Independent Contractor,
however, shall have complete direct control and supervision over its equipment and personnel and over the
manner and method of all its activities.
Use of Subcontractors
Subject in each case to the prior written approval of COMPANY, CONTRACTOR may subcontract to affiliated or
non‐affiliated third party contractors (“subcontractors”) such duties as CONTRACTOR deems useful and
necessary for the successful performance of this Contract. Use of subcontractors by CONTRACTOR (whether
or not properly approved by COMPANY) shall not relieve CONTRACTOR from any liability or obligation under
these Requirements. The terms of these Requirements regarding CONTRACTOR’s performance, its equipment
and personnel shall likewise apply to any subcontractor’s work to be performed, its property and personnel as
if such performance, property and personnel were the performance, property and personnel of CONTRACTOR.
1.0 Responsibility for Compliance
1.1. CONTRACTOR shall communicate these Requirements, as well as any other health, safety, and
environmental requirements provided by COMPANY, to all of its employees, subcontractors, and
the employees of its subcontractors. Additionally, CONTRACTOR shall ensure that all its
employees, subcontractors and employees of its subcontractors are made aware of the contents
of these Requirements and any other requirements prior to beginning work. CONTRACTOR shall
maintain written documentation of its fulfillment of this responsibility.
1.2. CONTRACTOR shall comply with all applicable health, safety, and environmental laws, rules,
regulations, guidelines, protocols, procedures, and standards and any other requirements
specified by COMPANY and by the national and local government regulatory agencies such as but
not limited to the Department of Labor and Employment – Bureau of Working Conditions (DOLE‐
BWC), the Department of Energy (DOE) and the Department of Environment and Natural
Resources – Environmental Management Bureau (DENR‐EMB) in connection with the
performance of work for COMPANY. In addition, and where applicable, the CONTRACTOR shall
likewise incorporate into their Occupational Health and Safety Program, all safety provisions
stated in other existing laws of the Philippines.
1.3. CONTRACTOR shall also require its subcontractors, agents and representatives to comply with
such health, safety, and environmental laws, rules, regulations, guidelines, protocols, procedures
and standards and any other requirements specified by COMPANY in connection with the
performance of work for COMPANY and shall be responsible for ensuring such compliance by its
subcontractors.
1.4. CONTRACTOR shall be solely liable and shall hold COMPANY free and harmless from any and all
claims arising out of or incidental to product handling/works and/or services by CONTRACTOR or
by its subcontractors, agents and representatives, where such product handling/works and/or
services can or does result in damage to COMPANY or third parties, or gives rise to penalties and
fines or any remedial action due to the fault or negligence of CONTRACTOR or by its
subcontractors, agents and representatives, or, due to the violation or non‐observance of
ordinances, laws and regulations relative to health, safety and environment, pollution or
environmental matters, including violations of and/or non‐compliance with COMPANY health,
safety and environment rules, regulations and standards and any other requirements specified
by COMPANY in connection with the performance of work for COMPANY.
1.5. CONTRACTOR shall provide COMPANY with an adequate number of qualified representative(s)
and those of its subcontractors who will be responsible for health, safety, and environmental
protection at the work site(s). These persons shall be duly licensed, qualified and accredited
Safety Practitioners by the DOLE‐BWC and the DOE. The names and qualifications of these
persons shall be submitted to COMPANY prior to the commencement of any work activity.
1.6. CONTRACTOR shall have in place a comprehensive HSE Program with a strong focus on
continuous performance improvement. At any time and from time to time, COMPANY may
require CONTRACTOR to furnish COMPANY with a copy of CONTRACTOR’s HSE Program together
with complete details concerning the implementation of such program. COMPANY shall have the
right at all times to verify and conduct an audit to satisfy itself of the CONTRACTOR’s HSE
Program. The CONTRACTOR shall cooperate fully with the audit team and correct any deficiency
noted without undue delays.
1.7. The total cost of implementing the CONTRACTOR’s HSE Program shall be a mandatory integral
part of the project cost as a separate pay item, duly quantified, detailed and reflected in the
Project's Bid Documents and likewise reflected in this Contract.
2.0 Project Health, Safety, and Environment Plan
2.1. Prior to the performance of work on COMPANY premises, CONTRACTOR shall submit to
COMPANY for review a Project HSE Plan, duly signed by the Project Manager and specific to the
project. The Project HSE Plan shall describe the health, safety, and environmental issues and risks
associated with the work, and CONTRACTOR's and its subcontractors' health, safety, and
environmental programs in place to address these issues.
2.2. CONTRACTOR's Project HSE Plan shall be based on, and comply with, applicable laws, decrees,
administrative rules and regulations, relevant COMPANY policy and operating procedures, and
relevant best practices. COMPANY representative may review CONTRACTOR's Project HSE Plan
and either accept it, or return it to CONTRACTOR with notice of deficiencies that shall be
corrected by CONTRACTOR. CONTRACTOR shall not start work without an HSE Plan that has
been accepted by COMPANY.
2.3. If an HSE Plan is required by local regulations, CONTRACTOR shall not start work without an HSE
Plan that has been accepted by local authorities having jurisdiction. Proof of such compliance
must be furnished to the COMPANY within one (1) week after acceptance by the local
authorities. The HSE Plan must be compatible with CONTRACTOR’S HSE Plan and taking into
consideration the minimum standards set by this Contract.
2.4. Prior to starting work, all CONTRACTOR’s and subcontractor’s personnel shall participate in a
health, safety, security, and environmental (HSSE) protection orientation with a designated
COMPANY representative. After the orientation, COMPANY will issue a Safety Indoctrination
Card which is to be worn by the CONTRACTOR’s and subcontractor’s personnel at the worksite at
all times as proof of attendance in the HSSE orientation.
2.5. Prior to starting any work, CONTRACTOR shall perform a Daily Job Safety Analysis (JSA) or Job
Hazard Analysis (JHA) as required by COMPANY. The JSA/JHA shall be reviewed and approved by
the COMPANY. The JSA/JHA shall (i) carefully study and record each step of a job, (ii) identify
existing and/or potential equipment, environmental, or action‐generated job hazards, and (iii)
determine the best way to perform the job to reduce or eliminate hazards. During a daily pre‐
task tool box meeting, CONTRACTOR shall ensure that the JSA/JHA is communicated to and fully
understood by all persons who will participate in the performance of the work. CONTRACTOR
shall furnish COMPANY with a copy of each JSA/JHA and documentation showing that the
JSA/JHA has been communicated to and fully understood by all workers as indicated by the
signatures of the workers concerned in an attendance sheet of that meeting.
2.6. CONTRACTOR shall participate in any behavioral based safety process that COMPANY uses at the
facility.
3.0 Entrance to Property
3.1. COMPANY will advise CONTRACTOR of security requirements imposed during travel to and
within COMPANY facilities and while performing work on COMPANY premises. CONTRACTOR
and its subcontractors shall comply with all security requirements imposed by the COMPANY,
including the requirement of undergoing the Security and Safety Orientation and Waiver
procedures.
3.2. CONTRACTOR and its subcontractors shall ensure that only those persons having official business
in connection with the Contract are allowed on the work site.
3.3. COMPANY reserves the right, at any time, to restrict and/or ban the entry of CONTRACTOR’s and
its subcontractors' personnel found in violation of any of the COMPANY’s health, safety, security,
and environmental policies, and other rules and regulations and to require CONTRACTOR and its
subcontractors to remove and bar from the work site any personnel whose conduct could
jeopardize the safety of any person or operation.
3.4. CONTRACTOR and its subcontractor personnel shall submit to COMPANY the following security
documents (issued not older than three months) prior to mobilization:
3.4.1. NBI Clearance
3.4.2. Police or Barangay Clearance
3.4.3. Drug Test indicating NEGATIVE for prohibited drugs, conducted by a medical laboratory
duly accredited by the Department of Health (DOH). A photocopy of the laboratory’s
accreditation certificate shall accompany all results.
3.5. The CONTRACTOR and subcontractor shall provide their personnel with appropriate uniforms
and Identification Cards.
4.0 Traffic and Vehicles
4.1. All CONTRACTOR and subcontractor traffic on COMPANY property shall observe the posted
speed limit, or if not posted, a safe speed in light of existing physical and environmental
conditions and shall follow any other safe driving practices as may be established by COMPANY.
Notwithstanding the absence of policy issued by the COMPANY on safe driving practices, the
CONTRACTOR and its subcontractors must at the very least observe existing government laws
and rules on safe driving practices with extra‐ordinary diligence.
4.2. CONTRACTOR and its subcontractors shall follow all driver and equipment operator qualification
requirements as may be established by the COMPANY. CONTRACTOR and its subcontractors
shall ensure that all vehicles, cranes and rigging, vessels, and equipment they provide are
maintained in safe operating condition and that operators are properly qualified, licensed and/or
certified in accordance with legislation. All vehicles, or vessels of whatever type or nature,
whether land‐based, water‐based or airborne, container vans, cranes, rigging and heavy
equipment, drivers and operators are subject to inspection and approval by COMPANY and those
found deficient shall not be allowed entry into COMPANY property.
4.3. CONTRACTOR and its subcontractors shall ensure that all drivers complete a Defensive Driving
(DD) training delivered by a COMPANY appointed Qualified Driver Trainer (QDT) – who is a
person deemed qualified by their company based on knowledge, experience and competence.
The COMPANY appointed QDT will issue a training certificate upon completion of the DD
training. The training certificate shall be valid for a period of two (2) years.
4.4. Prior to starting work, CONTRACTOR and its subcontractors shall develop Journey Management
Plans that identify the specific hazards and mitigation plans related to the project driving and
trucking activities, including but not limited to: tarping, loading/unloading, moving equipment,
traffic controls, pedestrian access/controls, and emergency response considerations. The
Journey Management Plan may either be a stand‐alone document or included as part of the
Project HSE Plan and shall be regularly reviewed, updated, and communicated to all drivers.
4.5. CONTRACTOR and subcontractor‐provided vehicles shall be equipped with appropriate seat belts
for driver and passengers. CONTRACTOR and its subcontractors shall ensure that the passengers
use the vehicle seat belts.
4.6. COMPANY prohibits CONTRACTOR and subcontractors from using a cell phone or any other form
of communication equipment or device as well as any audio‐or video player, whether hand‐held
or hands‐free, while driving or operating heavy equipment. In addition, CONTRACTORS and
subcontractors are discouraged from and to the maximum extent possible shall avoid, engaging
in other forms of "multi‐tasking" (i.e. use of two‐way radios and pagers, eating, texting, or taking
notes, watching videos, listening to music or radio programs using ear phones) while operating a
motor vehicle and other equipment. This policy applies when on COMPANY property or when
using a COMPANY‐owned or leased vehicle, rental vehicle, or personal vehicle for COMPANY
business or while engaged in the operation of heavy equipment on COMPANY’s premises.
4.7. Where the CONTRACTOR work activity will obstruct or hamper the normal flow of road traffic
and vehicles, i.e. road works or hauling large, long or wide cargoes, the CONTRACTOR shall
implement a system for traffic control such as, but not limited to, assigning a knowledgeable
traffic person or providing a convoy to escort large cargo vehicles.
5.0 Smoking
5.1. Smoking is permissible only in designated areas. Smoking is prohibited in all flammable and
hazardous areas including but not limited to areas containing refined oil or fuel storage, gas
processing and compression equipment, and separation or treating equipment.
5.2. COMPANY shall have the right to order persons observed smoking in unauthorized areas to cease
smoking and/or to leave such area.
6.0 Work Permits
6.1. If CONTRACTOR or its subcontractors perform any hot work, CONTRACTOR and its
subcontractors shall prepare a written hot work program. Before any hot work operations are
conducted, CONTRACTOR and its subcontractors shall determine whether a hot work permit is
required in compliance with CONTRACTOR’s, its subcontractors’, or COMPANY’s hot work
program, whichever is more stringent. If such permit is required, CONTRACTOR and its
subcontractors shall properly issue or obtain such permit and shall comply with all conditions of
such permit.
6.2. CONTRACTOR and its subcontractors shall have written safe‐entry procedures and obtain prior
approval from the appropriate COMPANY representative for any work involving entry into
confined spaces, limited access vessels, or below grade pits. CONTRACTOR shall obtain an entry
permit approved by a COMPANY representative in accordance with the provisions of Section
20.1.
6.3. In areas that have general work permits, CONTRACTOR and its subcontractors are required to
follow the procedure in effect at the work location. The CONTRACTOR and its subcontractors
shall be required and are presumed to have trained their personnel in the general principles of
the COMPANY’s Permit to Work System.
6.4. Work permits and clearances may also be required for activities such as, but not limited to,
Working at Heights, Excavation, Lifting, etc. CONTRACTOR and its subcontractors shall comply
with these requirements prior to executing the work.
7.0 Explosives and Hazardous Materials
7.1. If CONTRACTOR or its subcontractors require the use of explosives in performance of the work,
they shall provide COMPANY with written notification regarding the proposed use, storage,
labeling and handling of such explosives prior to the start of the blasting operations, and shall
ensure that the blaster is properly qualified, certified and licensed by the appropriate regulatory
authorities such as but not limited to the Philippine National Police for the type of work being
done. Where required, CONTRACTOR shall secure the necessary government permits for the
blasting operations at least one (1) week before the work is executed.
7.2. If CONTRACTOR or its subcontractors require the use of toxic, hazardous, regulated chemicals
and/or chemicals substances in performance of the work, they shall provide COMPANY with
written notification regarding the proposed use, storage and handling of such chemicals and/or
chemicals substances prior to the start of engagement and shall ensure that the personnel
involved have the proper training from the DENR or any other pertinent government agencies,
and, possess the certificates as proof of such training. Where required, CONTRACTOR shall
secure the necessary permits from the government agencies such as but not limited to DENR,
PNP and Philippine Drug Enforcement Agency (PDEA) at least one (1) week before the work is
executed.
7.3. CONTRACTOR and its subcontractors shall ensure the safe and environmentally sound storage,
transportation, identification, labeling, security, handling and disposal of hazardous materials
used and hazardous wastes generated in performance of the work, in compliance with national
laws and local regulations. Costs for the disposal of hazardous and non‐hazardous wastes by the
CONTRACTOR shall be part of the Contract unless otherwise agreed in writing with COMPANY.
The COMPANY reserves the right to clean, rehabilitate, restore and/or otherwise remediate
contaminated work sites and areas where the CONTRACTOR has not met its obligations, and will
charge the CONTRACTOR on a cost plus basis for the work involved.
7.4. CONTRACTOR and its subcontractors shall maintain Material Safety Data Sheets (MSDSs) for all
chemicals and other hazardous materials used in performance of the work, and shall perform all
work consistent with the use specifications and other information in such MSDSs. MSDSs shall
accompany chemicals and other hazardous materials at all times.
7.5. CONTRACTOR and its subcontractors shall ensure that all persons affected or likely to be affected
by the execution of work involving explosives/hazardous materials are adequately protected with
the appropriate Personal Protective Equipment (PPE) and are not unnecessarily exposed to
substances or agents which may give rise to adverse health effects.
7.6. CONTRACTOR shall give the COMPANY notice of the delivery and removal from the work site of
any substance which is toxic or hazardous to health or potentially harmful to the environment,
within a reasonable time, prior to such delivery or removal from the work site. The notice shall
identify the hazards and effects and assess the risks to personnel and the environment.
CONTRACTOR shall provide COMPANY with details of the precautions to be taken when using,
handling, transporting, storing or any other means of contact with hazardous substances. Prior
to causing such hazardous materials to be on COMPANY’s property, CONTRACTOR shall obtain
written approval from COMPANY. CONTRACTOR shall ensure that the hazardous substances are
suitably packaged and labeled at all times.
7.7. CONTRACTOR shall submit to COMPANY its Emergency Response Plans and shall provide the
appropriate emergency response resources and equipment (i.e. fire extinguishers, spill kits,
trained personnel) readily available when storing and handling hazardous materials, chemicals
and hazardous wastes.
8.0 Fire Protection
8.1. CONTRACTOR and its subcontractors shall take all reasonable precautions to prevent fires.
8.2. CONTRACTOR or its subcontractors shall provide an adequate number of trained, qualified, and
designated fire watch personnel for all hot work activities.
8.3. CONTRACTOR and its subcontractors shall dispose of paper, rags, trash, and other combustible
materials only in safe containers.
8.4. CONTRACTOR and its subcontractors shall transport and store flammable and combustible
liquids, such as gasoline, kerosene, diesel and fuel oil, in industry‐approved metal containers
designed specifically for handling these liquids. Such flammable liquids shall be stored away
from possible sources of ignition.
8.5. CONTRACTOR and its subcontractors shall not alter or tamper with fire protection equipment or
render it inaccessible.
8.6. CONTRACTOR and its subcontractors shall not open or close hydrants or main water valves
except after prior notice to the appropriate COMPANY representative or in the case of
emergency.
8.7. CONTRACTOR and its subcontractors shall immediately report to designated COMPANY
personnel any leak or indication of gas around piping or vessels. CONTRACTOR and its
subcontractors shall ensure that all "hot work" in the area ceases immediately upon the
discovery of the hazard.
8.8. CONTRACTOR and its subcontractors shall use for cleaning purposes only cleaning solvents that
have a high flash point (above 140°F, or 60°C) and are non‐toxic.
8.9. Matches, plastic disposable lighters, and all other incendiary devices shall not be carried or used
in hazardous areas.
8.10. CONTRACTOR and its subcontractors shall be responsible for the safety and fire protection
training of their personnel.
8.11. CONTRACTOR and its subcontractors shall provide their own fire protection equipment unless
otherwise agreed with COMPANY in writing.
8.12. CONTRACTOR and its subcontractors shall shut down internal combustion engines before they
are refueled, except where the refueling point is sufficiently remote from the engine to allow
safe refueling.
8.13. In case of fire, CONTRACTOR and subcontractor personnel in the area shall immediately take all
practical measures to protect the safety of all personnel and to extinguish the fire. The first
priority shall be the safety of all personnel. CONTRACTOR or subcontractor shall notify the
COMPANY representative of the fire as soon as possible.
8.14. In case of fire, CONTRACTOR and its subcontractors shall shut down all equipment and remove it
from the fire location if feasible and shall clear access routes.
8.15. Motors, compressors, pumps, and other equipment are permitted inside hazardous areas only in
accordance with COMPANY hot work permit procedures. COMPANY may require the use of
“Intrinsically Safe” equipment and instruments when working in Hazardous Locations.
9.0 Medical Aid
9.1. CONTRACTOR and its subcontractors shall, unless specifically agreed otherwise by COMPANY in
writing, provide their own first aid personnel, equipment, supplies, medical and emergency cover
(including medical repatriation) for their personnel. Such arrangements shall be in accordance
with a standard acceptable to the COMPANY.
9.2. CONTRACTOR and its subcontractors shall provide basic awareness training in first aid and CPR to
their personnel.
9.3. CONTRACTOR and its subcontractors shall provide an adequate number of currently certified first
aiders for the duration of the project.
9.4. Any injured employee of the CONTRACTOR or subcontractor who seeks medical treatment for a
work‐related injury must be accompanied by the CONTRACTOR’s on‐site supervisor or HSE
Officer or first aider to a qualified physician and/or clinic.
10.0 Personal Protective Equipment (PPE)
10.1. The CONTRACTOR and its subcontractors shall pay for and provide protective clothing and
equipment where necessary for the protection of their personnel while performing the work
inside COMPANY premises, unless otherwise agreed with COMPANY in writing. The cost of
providing such protection shall be deemed to be included in the rates contained in this Contract.
The COMPANY reserves the right to issue the CONTRACTOR's and subcontractors’ personnel with
protective clothing and equipment and replacement clothing where the CONTRACTOR has not
complied with the provisions of this Section 10.0, and will charge the CONTRACTOR on a cost
plus basis for the items involved.
10.2. CONTRACTOR and its subcontractors shall provide equipment that are in good operating
condition, properly maintained and inspected. COMPANY reserves the right to subject such
equipment to a thorough inspection and to reject equipment that failed to pass inspection
requirements or have been damaged in any incident. CONTRACTOR shall submit the current
and valid certificates for all equipment requiring third party inspection or government
mandated certification prior to mobilization and during the entire project duration.
10.3. CONTRACTOR and subcontractor personnel on the work site shall wear appropriate PPE,
including but not limited to, fall protection, steel‐toed safety shoes, hard hats, safety glasses
(with side shields, if required by the JSA/JHA) and additional personal protective equipment (e.g.
Fire Retardant Clothing, hearing protection, respiratory protection, face shields, hand protection)
as may be required by the nature of the work and/or as specified by government regulations or
by the COMPANY. CONTRACTOR and its subcontractors shall post signs specifying where PPE use
is required.
10.4. All PPE shall be used and maintained by CONTRACTOR and its subcontractors in accordance with
manufacturer recommendations/ instructions and legal regulations
10.5. Where applicable, CONTRACTOR shall provide fall protection rescue equipment and personnel
trained in its use.
11.0 Housekeeping
11.1. CONTRACTOR and its subcontractors shall maintain good housekeeping at all times and shall
keep all working areas clean and free of obstructions. Tripping hazards shall be clearly identified
and marked.
11.2. CONTRACTOR and its subcontractors shall keep access to emergency exits clear and
unobstructed at all times.
11.3. The work site shall be left in a clean and safe condition at the end of each workday, including
barricading or otherwise suitably protecting any opens excavation or other hazardous areas.
12.0 Incident Reporting
12.1. CONTRACTOR and its subcontractors shall promptly and accurately report within thirty (30)
minutes all on‐the‐job incidents/injuries to the appropriate COMPANY representative and, where
required, to the proper governmental authorities. CONTRACTOR and its subcontractors shall
confirm the report in writing within twenty‐four (24) hours after the incident occurs. This
includes near‐misses, fatalities, injuries, spills, fires, releases of hazardous substances, motor
vehicle accidents, and damages to COMPANY equipment. CONTRACTOR shall provide the
COMPANY with a copy of any report or statement or written evidence concerning any accident or
dangerous event which occurs during the performance of its services or any other incident
indicating the existence of adverse safety conditions of which the CONTRACTOR'S personnel may
become aware.
12.2. CONTRACTOR shall report and document all potential hazards, unsafe conditions, and unsafe
acts through a near‐miss program. All near‐miss reports shall be provided to the appropriate
COMPANY representative.
12.3. CONTRACTOR and its subcontractors shall maintain and file the required accident forms pursuant
to COMPANY procedures or as required by law, regulation, or other legally binding policy
interpretation or pronouncement of a legal jurisdiction or authority. The CONTRACTOR shall
supply the COMPANY with copies of all reports and documents regarding safety matters which
are required by law to be compiled or maintained together along with such other reports as the
COMPANY may require.
12.4. CONTRACTOR and its subcontractors shall, within twenty‐four (24) hours from receipt of the
aforementioned reports enumerated under Section 12.0, send to the appropriate COMPANY
representative copies of all governmental health, environmental or safety citations against
CONTRACTOR or its subcontractors while performing the work.
12.5. CONTRACTOR and its subcontractors shall provide written summaries of all incidents affecting
safety and spills to the COMPANY safety and environmental representatives weekly, unless
otherwise specified by COMPANY. CONTRACTOR shall have personnel trained to perform a Root
Cause Analysis (RCA). CONTRACTOR shall commence a RCA immediately after the occurrence of
an incident and provide a copy of the incident investigation report to COMPANY immediately
thereafter.
12.6. Where applicable, the CONTRACTOR’s arrangements for incident management shall be
integrated with the requirements of the COMPANY.
12.7. The COMPANY may, at its own discretion, conduct its own incident investigation independent of,
or in coordination with the on‐going CONTRACTOR incident investigation.
13.0 Environmental Protection
13.1. CONTRACTOR and its subcontractors shall prepare and maintain a plan documenting
requirements, responsibilities and organization for environmental management. The plan should
be readily understandable by all personnel, cover routine, non routine and emergency
operations and be agreed in advance with the COMPANY prior to commencement of its work.
13.2. CONTRACTOR shall acquire from the pertinent government agencies (national/local) the
applicable environmental permits, clearances, licenses and approvals related to the project prior
to commencement of its activity. CONTRACTOR shall be responsible for compliance with the
permits conditions. These permits and clearances, where applicable, shall include but not be
limited to the Environmental Compliance Certificate (ECC), Certificate of Non‐Coverage (CNC),
Permit to Operate Air Pollution Source and Control Installation (PO APSCI), and Discharge Permit
(DP). In addition, the CONTRACTOR and its subcontractors shall also secure the necessary
permits for any and all chemicals and chemical substances that will be used in the performance
of its contract with the COMPANY. These permits may include, but are not limited to, the
following:
13.2.1. Pre‐Manufacturing Pre‐Importation Number (PMPIN) Compliance Certificate;
13.2.2. Interim Status Permit (ISP);
13.2.3. Small Quantity Importation Clearance;
13.2.4. Registration Certificates (RC) for Chemicals Under Chemical Control Order (CCO);
13.2.5. Importation Clearance for Chemicals Under CCO;
13.2.6. Registration Certificates for Chemicals under the Priority Chemical Lists (PCL);
13.2.7. Permits for Controlled Precursor and Essential Chemicals (CPECS) and other chemicals
that are regulated by the Philippine Drug Enforcement Agency (PDEA);
13.2.8. Permits for explosive and explosive reagents regulated by the PNP; and
13.2.9. Other chemicals or chemical substances regulated by the Fertilizer and Pesticide
Authority (FPA) and by other government agencies.
13.3. CONTRACTOR and its subcontractors shall make available for inspection by COMPANY, upon
request, all registers, records and any other documentation on environmental aspects of the
activities being carried out or on the environmental management system implemented by
CONTRACTOR and its subcontractors.
13.4. CONTRACTOR and its subcontractors shall document and report immediately to COMPANY any
incidents of environmental damage, any unforeseen activity or event, uncontrolled release of
chemicals, hydrocarbons or other pollutants, breaches of environmental regulations or complaint
from local groups, organizations or individuals; establish, maintain and document any contact
with authorities and other interested parties; and, provide COMPANY with copies of all
correspondence received from or sent to any person or organization concerning environmental
matters relating to CONTRACTOR'S or subcontractor’s activities under the Contract.
13.5. CONTRACTOR and its subcontractors shall exercise all necessary care to protect and preserve the
environment resources, including flora, fauna and other natural resources or assets at any
location where the work is performed by applying best available techniques not entailing
excessive cost to preferably eliminate or minimize any direct or indirect impact from operations.
13.6. CONTRACTOR and its subcontractors shall ensure that all activities are planned in a manner that
will not create unnecessary danger, disturbance or effects on the environment or to other users;
and avoid conducting activities in protected areas or where there is an intolerable risk of damage
to sensitive environmental resources.
13.7. Unless otherwise approved by an authorized COMPANY representative, CONTRACTOR and its
subcontractors shall prohibit their personnel from hunting, disturbing, or capturing native birds,
fish, insects, or other animals and gathering of flora and fauna, extraction or utilization of any
other environmental resources in the vicinity of the work site.
13.8. CONTRACTOR and its subcontractors shall not remove trees and vegetation to an extent greater
than is necessary for the work, as determined by COMPANY or in accordance with the applicable
permit. CONTRACTOR shall be responsible for site restoration of any land used or affected by the
CONTRACTOR'S activities under the Contract including the removal of any equipment used by the
CONTRACTOR, surplus materials and waste to the satisfaction of the COMPANY. Whenever
reasonably feasible, CONTRACTOR and its subcontractors shall stockpile topsoil for subsequent
use in site restoration. Should CONTRACTOR extend its usage of land into areas without prior
written consent and/or permit from the COMPANY, the CONTRACTOR shall be liable for any and
all litigations costs, payment of fines and penalties for environmental damages, expenses for
restoration where applicable, and all other costs/expenses that may arise by reason of such acts.
13.9. CONTRACTOR and its subcontractors shall protect fossils and antiquities found at job sites from
damage or disturbance. CONTRACTOR and its subcontractors shall immediately report the
location to COMPANY and cease work at that location pending further instructions.
13.10. CONTRACTOR and its subcontractors shall prevent spills or releases of oil or chemical substances
on land, water or air. CONTRACTOR and its subcontractors shall not discharge oil, solvents,
chemicals, and other potential pollutants or contaminants to water bodies or unto land.
Pollution prevention and hazardous waste management shall be a routine part of CONTRACTOR’s
and its subcontractors’ business and work activities.
13.11. CONTRACTOR and its subcontractors shall assess the environmental hazards of materials and
supplies used in conjunction with the work and shall use substitute materials presenting less risk
whenever possible.
13.12. CONTRACTOR and its subcontractors shall use only above‐ground steel tanks that are properly
grounded as fuel storage tanks. CONTRACTOR and its subcontractors shall assure that loading
and drainage connections to fuel storage tanks are either plugged or locked in the closed position
when not in use, and that fuel dispensing nozzles are self‐closing.
13.13. All onshore, above‐ground fuel, oil and chemical storage tanks used by CONTRACTOR or its
subcontractors shall have secondary containment with a capacity of one hundred and twenty
percent (120%) of the capacity of the largest single tank. Secondary containment impounds may
have a drain connection for removal of storm water, provided the drain discharge is normally
plugged or equipped with a valve normally locked in the closed position.
13.14. CONTRACTOR and its subcontractors shall keep a reasonable degree of order by properly
disposing of accumulated rubbish and non‐hazardous waste materials in the designated site
approved by the COMPANY. CONTRACTOR and its subcontractors shall start site cleanup and
remediation immediately upon completion of work at that site.
13.15. CONTRACTOR and its subcontractors shall comply with all national and local laws, rules,
regulations, agency policies and guidance documents relating to pollution or protection of the
public health and the environment including, but not limited to, the emission, discharge, release,
manufacture, processing, distribution, use, treatment, handling, storage, disposal, or
transportation of substances, materials, pollutants, contaminants, chemical, solid waste, and/or
hazardous substances. Where the CONTRACTOR is responsible for disposal of any waste
produced or occurring as a consequence of the Contract being fulfilled, all such disposals shall be
in accordance with all COMPANY standards, applicable legislation, and best practice whether that
shall be for hazardous waste or non‐hazardous waste. The CONTRACTOR and its subcontractors
shall be responsible for ensuring that all necessary permits, clearances, approvals or licenses are
obtained.
14.0 Substance Abuse
14.1. The COMPANY operates an alcohol and drug free policy on all its sites. CONTRACTOR and its
subcontractors shall ensure full compliance with COMPANY’s Drug and Alcohol Policy (DAP).
14.2. Alcohol and drugs, except those prescribed by a qualified medical practitioner, are prohibited
from any COMPANY location.
14.3. CONTRACTOR and its subcontractor personnel are prohibited from consuming alcoholic
beverages during working hours, including meal and break periods.
14.4. CONTRACTOR and its subcontractor personnel are prohibited from reporting for duty, or
remaining on duty when under the influence of drugs, except when the use is pursuant to the
instructions of a licensed medical practitioner. The CONTRACTOR shall ensure that any of its
personnel or SUBCONTRACTORS who are either temporarily or permanently taking drugs under
medical supervision is able to produce to the COMPANY an appropriate letter from a recognized
medical practitioner certifying that the use of such drugs by the employee does not or will not
affect the ability of the employee to work. Such individuals shall immediately upon arrival at the
COMPANY site report to the medical officer or, if not available, representative of the COMPANY,
and lodge with them a copy of their medical practitioner’s letter.
14.5. CONTRACTOR and its subcontractor personnel in safety‐sensitive positions are prohibited from
consuming alcoholic beverages for eight (8) hours following an accident/incident, or until the
employee takes a post‐accident/incident alcohol test, whichever occurs first.
14.6. COMPANY reserves the right to conduct alcohol and/or drug tests routinely, at random or any
regularity or frequency, where there is reasonable suspicion, or after an incident or thereafter. A
reasonable suspicion determination is based on specific, articulable observations, including, but
not limited to, the employee's appearance, behavior, speech, or body odors. In addition, these
observations may include indications of the chronic and withdrawal effects of drugs and alcohol.
A reasonable suspicion determination may be based on a single instance of egregious conduct
including the failure to perform or the improper performance of an employee's job duties which
involves a serious potential risk of harm to fellow employees, other individuals working on
COMPANY's premises, clients, vendors or COMPANY property.
14.7. CONTRACTOR and its subcontractor personnel shall not refuse to submit to any alcohol and/or
drug test required under the COMPANY's DAP. Refusals shall result in a declaration of
“Temporarily Unfit to Work” and the worker shall be removed from COMPANY premises. In
addition, such refusal shall be tantamount to an admission under the COMPANY’s DAP and will
be dealt with accordingly.
14.8. CONTRACTOR and its subcontractor personnel are prohibited from continuing to work if they
have tested positive for drugs and/or alcohol. COMPANY reserves the right to require the
CONTRACTOR to remove these persons from COMPANY premises.
15.0 Suspension of the Work
15.1. COMPANY shall have the incontestable right to halt or order the cessation of any and all work of
the CONTRACTOR and its subcontractors, agents and representatives found to be unsafe and/or
immediately dangerous to life and health, the environment and to require CONTRACTOR at his
own expense to rectify and/or institute corrective actions to return the workplace into a safe
condition. All fines, penalties, interest, expenses and costs due to delays in the implementation
of all works embedded in this Contract, where such delays arise out of, or are due to, or
attributable to any violation or non‐compliance with COMPANY health, safety and environment
rules, regulations and standards and any other requirements specified by COMPANY in
connection with the performance of work for COMPANY, and all applicable laws pertinent to
health, safety and environment, shall solely be for the account of CONTRACTOR.
15.2. If the CONTRACTOR shall consider it necessary to suspend the work at any time for safety
reasons, the CONTRACTOR shall immediately inform the COMPANY of those reasons.
16.0 Safety Reports
16.1. CONTRACTOR and its subcontractors shall provide COMPANY with a report of its safety
performance at the end of every work week. The report shall include the following information:
Number of Workers Employed
Number of Manhours Worked for the period
Number of Toolbox Meetings Held
Number of Safety Observations and Potential Incidents Recorded
Number of Fatalities, Days Away from Work Cases, Restricted Work Cases
Number of Medical Treatment Cases, Loss of Consciousness, Hearing Loss, Repetitive Stress
Injuries
Number of First Aid Cases
Number of Near Misses
Number of Motor Vehicle Incidents
Number of Kilometers Driven While on EDC Project Work
Number of Fires, Property Damage, Spills and Environmental Incidents
Number of Notice of Violations, Fines, Citations
Cost of Each Incident
16.2. The cut‐off time for the report is every Friday at 5:00 p.m. and the deadline for submission of the
safety performance reports is every Monday at 10:00 a.m. A summary report for the month shall
be submitted within five (5) calendar days of the succeeding month.
16.3. CONTRACTOR shall submit in a timely manner, all mandatory safety reports required by the local
and national regulatory authorities and shall provide a copy of the reports received by the
authorities to the COMPANY.
17.0 Training
17.1. CONTRACTOR and subcontractor shall be responsible for training their personnel and shall take
account of and integrate training requirements with the COMPANY'S requirements and policies
as may be advised from time to time.
17.2. CONTRACTOR and subcontractor personnel shall be fully trained in compliance with appropriate
health, safety and environmental training laws, regulations, rules and standards of all
governmental or regulatory agencies having jurisdiction at the work site such as but not limited
to the DOE, DOLE, Bureau of Fire Protection, DENR. Training shall cover potentially dangerous
conditions, safe work practices and procedures, chemical and hazardous waste handling, and the
use and maintenance of PPE.
17.3. CONTRACTOR and its subcontractors shall inform their personnel of the training required to
perform tasks and ensure that their personnel shall not perform any job for which specific
training is required until such training is successfully completed. The CONTRACTOR and
subcontractor shall be required to demonstrate the competency of their personnel for the
occupations to which they are assigned under the CONTRACT. Such competencies are to be
consistent with industry wide standards, where such competency standards exist.
17.4. All training shall be documented. Upon COMPANY’s request, CONTRACTOR and its
subcontractors shall provide COMPANY with original certificates or certified copies of original
certificates of individual CONTRACTOR'S and subcontractors’ personnel training that validates
training requirements are met and maintained.
17.5. Where required, all CONTRACTOR’s and subcontractors’ personnel (up to Supervisory level) shall
attend the mandatory site safety orientation/indoctrination and safety training under the
COMPANY’s Safety Passport Training System. CONTRACTOR and its subcontractors shall be
responsible for the coordination and scheduling of the required training with the authorized
Training Service Provider. Personnel who fail to comply will not be allowed entry into COMPANY
premises beginning October 1, 2012. The fees to be charged for the Safety Passport Training
System shall be for the account of the CONTRACTOR.
17.6. Unless specified otherwise, all costs (either direct or indirect) of training shall be borne by the
CONTRACTOR. The cost of providing such training shall be deemed to be included in the rates
contained in this Contract.
17.7. Where required, CONTRACTOR and its subcontractors shall submit to COMPANY copies of
certifications, accreditations, training and other documentary evidence required by law for all
technical trades and crafts such as but not limited to Riggers, Crane Operators, Heavy
Equipment Operators, Welders, and the like.
18.0 Rigging and Lifting
18.1. All critical lifts shall have a Lift Plan reviewed and approved by the permit issuer and COMPANY
representatives. CONTRACTOR shall not proceed with the lift without an approved Lift Plan.
18.2. The crane operator is generally responsible for the safety of the operation as soon as the load is
lifted clear of the ground. Whenever there is reasonable cause to believe that the lift may be
dangerous or unsafe, the crane operator must refuse to proceed until the concern has been
reported to the supervisor, any hazard has been corrected, and safe conditions have been
confirmed.
18.3. Crane operators shall not leave their position at the controls while the load is suspended or pass
under a suspended load on the hook. All other workers shall not walk, work or loiter under a
suspended load. The path of the suspended load shall be barricaded and kept free of
obstructions and personnel.
18.4. Crane operator and rigger must determine the weight of the load. That weight must not exceed
rated capacity of the weakest rigging part and the rated capacity indicated in the load chart.
18.5. The load should be well secured and properly balanced in the sling or lifting device before it is
lifted more than a few inches. Before starting the hoist, the hoist rope should not be kinked and
the multiple part lines should not be twisted around each other. The hook should be brought
over the load in such a manner as to prevent swinging. There should be no sudden acceleration
or deceleration of the moving load. The load should not come into contact or collide with any
obstructions.
18.6. All workers who handle the wire slings and the hoist cables shall wear leather gloves to prevent
any hand injury.
19.0 Lockout/Tagout
19.1. CONTRACTOR shall have a written lockout/tagout program that specifies procedures for workers
to secure all power sources when performing maintenance or service on equipment. Types of
power include electrical, pneumatic, hydraulic, thermal, chemical, and all forms of potential
stored energy.
19.2. CONTRACTOR and its subcontractors shall ensure that a total energy deactivation and isolation
system (lock‐out / tag‐out) is implemented while performing work on any equipment or
machinery where there is a possibility of injury or property damage.
19.3. CONTRACTOR and its subcontractors shall ensure that:
All potentially affected personnel are notified of the work to be done.
Locks and Tags are properly and securely installed at the correct control points.
The equipment is tested to ensure that the energy or hazard source is disconnected.
The person installing the lock and tag is the only person permitted to remove them.
20.0 Confined Space
20.1. Under no circumstances shall CONTRACTOR or its subcontractors permit any worker to enter a
permit‐required confined space without a properly completed entry permit approved by
COMPANY representative. Confined spaces include, but are not limited to, storage tanks,
process vessels, mud tanks, rig cellars, excavations and open‐top spaces more than four (4) feet
in depth. CONTRACTOR and its subcontractors shall develop, implement and train their
personnel in a confined space entry program that is acceptable to COMPANY.
20.2. CONTRACTOR or its subcontractors shall be responsible for conducting the necessary testing of
the atmosphere in the confined space using an appropriate gas detector instrument calibrated
within six months of use. No authorized personnel shall be allowed entry until it is certified as
safe by a competent gas tester. Approval from the appropriate COMPANY representative shall be
secured by CONTRACTOR and its subcontractor to document safety of confined space.
20.3. Where necessary, continuous monitoring of confined space shall be undertaken by CONTRACTOR
and its subcontractor to detect the presence of toxic and flammable gases and safe levels of
oxygen while working personnel are inside the confined space.
20.4. CONTRACTOR shall record the results of all gas tests in the work permit.
20.5. CONTRACTOR shall provide adequate forced air ventilation into the confined space at a minimum
rate of 15 air changes per hour to ensure that the oxygen levels are sufficient and to prevent
accumulation of toxic/flammable gases.
20.6. CONTRACTOR or its subcontractors shall provide an adequate number of trained and qualified
attendants and rescue personnel for any work involving entry into confined spaces, limited
access vessels, or below grade pits.
20.7. CONTRACTOR and its subcontractors shall ensure that entrants to confined spaces have
undergone proper training, including rescue procedures. CONTRACTOR shall ensure that a
competent confined space entry attendant or watchman is assigned to oversee activities of their
personnel while working inside the confined space area.
20.8. CONTRACTOR and its subcontractor shall provide a properly trained and fully equipped standby
rescue team for each confined space entry activity.
21.0 Foreign CONTRACTORS
21.1. Foreign CONTRACTORS shall comply with all the requirements contained herein. Equivalent
certifications, accreditations, training and other documentary requirements may be accepted
upon review by COMPANY Representatives and after a thorough deliberation within COMPANY’s
organization.
21.2. Foreign CONTRACTORS shall submit to COMPANY copies of the following documents for all
personnel assigned to the project:
Valid Passport
Alien Certificate of Registration from the Bureau of Immigration (BI)
Non‐Immigrant Visa from the BI
Alien Employment Permit from the DOLE
Employer's Liability Certificate
Medical Certificate from a duly Licensed Health Care Professional indicating Fitness for Work
Any of the CONTRACTOR's and its subcontractors’ personnel who do not produce the documents
listed above when so requested by the COMPANY shall not be allowed inside COMPANY
premises. Any cost arising directly or indirectly from such event will be borne solely by the
CONTRACTOR.
21.3. CONTRACTOR and its subcontractors shall provide one (1) interpreter for every ten (10) workers
who cannot communicate in Filipino or in English.
22.0 Fitness for Work and Medical Surveillance
22.1. CONTRACTOR shall have a fitness to work and medical surveillance program compatible with that
of the COMPANY.
22.2. CONTRACTOR and its subcontractors shall provide COMPANY with personnel that have been
medically certified Fit‐to‐Work and have been properly trained and qualified to perform the work
and to properly use all applicable safety equipment.
22.3. CONTRACTOR and its subcontractors shall comply with the fitness to work requirements of the
Occupational Safety and Health Standards of the DOLE and the requirements of the COMPANY.
The minimum requirements shall include a complete medical history, physical examination,
complete blood count, chest x‐ray (PA‐view), urinalysis, visual and auditory assessment (e.g. –
peripheral vision test and audiometric examination), ECG, neuropsychological examination, and
other tests which may be added upon the medical discretion of the examining physician or
authorized COMPANY health personnel.
22.4. The CONTRACTOR and its subcontractors shall provide to the COMPANY medical certifications
issued by licensed medical practitioners of their personnel that ensures compliance with all
worksite legislative requirements and best industry practice.
22.5. Certifying physicians shall have a reasonable appreciation of the Work Place Environment (WPE)
and shall take account of the WPE when conducting medical assessments.
22.6. The CONTRACTOR shall, at the COMPANY's request, ensure that medical fitness assessments are
carried out to review the medical fitness of the CONTRACTOR and its subcontractors’ personnel,
following illness, medical evacuation or where the certifying physician indicates this to be
required.
22.7. The COMPANY reserves the right to review/revoke a medical fitness certificate, when in its sole
opinion it is medically appropriate to do so pending further investigation. In which event the
COMPANY's Senior Medical Advisor shall have the right to unlimited access to medical details
from the CONTRACTOR's certifying physician where medically indicated and agreed by the
CONTRACTOR's personnel.
22.8. The CONTRACTOR shall provide to the COMPANY, if so requested, original medical certificates or
certified copies of original medical certificates so issued.
22.9. All CONTRACTOR and subcontractor provided safety equipment shall be properly maintained and
operable in accordance with manufacturer's instructions and legal regulations.
22.10. COMPANY reserves the right to review and audit the implementation of the fitness to work and
medical surveillance program of the CONTRACTOR.
23.0 Miscellaneous
23.1. CONTRACTOR and its subcontractors shall not test pipes or pressure vessels using compressed air
or gas or service fluid, except after prior written approval from COMPANY.
23.2. CONTRACTOR and its subcontractors are prohibited from operating the COMPANY’s machineries,
vehicles and equipment, except after prior written approval from COMPANY.
23.3. Only tube and coupler type scaffolds shall be used for temporary overhead working platforms.
Other types of temporary working platforms shall require prior written approval from COMPANY.
23.4. CONTRACTOR and its subcontractors shall assure that all ditches, holes, excavations, overhead
work, road works, lifting areas, etc. are properly barricaded and provided with appropriate visible
with reflectorized warning signages, and lights (where applicable) so that people will be warned,
protected and prevented from entering the work area. Personnel, pedestrians and vehicles shall
be protected from the work activity.
23.5. CONTRACTOR and its subcontractors shall assure that compressed gas cylinders are secured in
place on a regular cart or chained to a support in an upright position, that all cylinders not in use
are protected with protective valve caps, and that compressed oxygen and flammable gases are
not stored together or near combustible materials, but stored in accordance with facility safety
procedures.
23.6. CONTRACTOR and subcontractor shall maintain safe clearances while working near energized
power cables. The presence of a high tension overhead power cables presents a serious risk of
electrocution – this risk exists not only from directly coming into contact with the power cables,
but also by performing work too close to such high voltage cables. For 230 kV cables, the
minimum safe clearance is 4 meters (14 feet) and for 50kV cables the minimum safe clearance is
3 meters (10 feet). Safe distances must be extended to accommodate for the length of all
materials and equipment to be handled during the work activity.
23.7. Electrical extension wires to be used shall be double insulated or royal cord type and shall be
connected to a ground fault circuit interrupter.
23.8. No firearms, ammunition, or deadly weapons are permitted on COMPANY property or at work
sites where COMPANY employees are involved, except as may be authorized by COMPANY for
security purposes to ensure adequate protection of property and employees.
23.9. Upon completion of work, CONTRACTOR and its subcontractors shall review the site to
determine that hazards related to the work site have been removed, unless otherwise agreed
with the COMPANY.