Professional Documents
Culture Documents
Construction and maintenance of a New Data Centre for the JRC Ispra site
DRAFT CONTRACT
ANNEX IV
SAFETY CLAUSES
EUROPEAN COMMISSION
JOINT RESEARCH CENTRE
ISPRA SITE MANAGEMENT
FN: JRC IPR 2012 C04 007 OC_Data Centre_PC-04_Annex IV Contractual Safety Clauses_B5_fv-01.doc
CONTRACTUAL SAFETY CLAUSES
Article 1 - Introduction
These contractual safety clauses form an integral part of the service contracts.
In connection with the performance of these contracts, the safety inspection services
provided by the local health authority (Azienda Sanitaria Locale, or ASL), the Labour
Inspectorate, the ARPA (Agenzia Regionale per la Protezione Ambientale Regional
Environment Agency), the Italian Public Works office, local authorities and the Italian
Fire Brigade in Italy at the Commissions JRC (Joint Research Centre) site are to be
conducted by specialised JRC units, coordinated by the Safety at Work Section of the
OHS Unit.
This Annex applies to all service contracts concluded with external firms or independent
workers (including construction firms, project managers, coordinators, cleaning
companies and consultants).
FN: JRC IPR 2012 C04 007 OC_Data Centre_PC-04_Annex IV Contractual Safety Clauses_B5_fv-01.doc
All staff employed by the Contractor working on Commission premises must at all
times visibly wear a badge provided to them upon entering the JRC, or an identity card
issued under the Bersani Decree. Staff conducting manual work may also wear a badge
issued by the JRC in a non-visible place, whilst they are on the site area. However, upon
leaving this area, they must once again wear the badge visibly.
However, a company badge must be worn in a visible position at all times when inside
the JRC. If the work is expected to last for more than two months, the staff from the
contracting company will be provided with a magnetic badge upon submission of a
criminal record certificate to the Security Service.
FN: JRC IPR 2012 C04 007 OC_Data Centre_PC-04_Annex IV Contractual Safety Clauses_B5_fv-01.doc
The Contractor shall ensure that each of his employees comes to work with the
necessary identification documents for access, the badge provided by the JRC and that
issued in accordance with the Bersani Decree.
The Contractor shall inform the Commission in good time of any changes in his or the
subcontractor's staff.
The Commission may require that the contractor's employees wear distinctive clothing
or other agreed identification.
Only staff issued with a magnetic staff badge may be issued with a MENSA canteen
card.
Staff employed by the Contractor will have priority access to the canteen between 11:30
and 12:00 although they may also use the canteen during normal opening hours.
FN: JRC IPR 2012 C04 007 OC_Data Centre_PC-04_Annex IV Contractual Safety Clauses_B5_fv-01.doc
- take steps to ensure and require that his staff comply with safety standards and use
Personal Protective Equipment;
- ensure that his staff, any self-employed workers or staff employed by
subcontractors are aware of all internal rules, fire protection procedures and
regulations applicable at the site where the work is to be carried out, of which staff
will have been informed.
The JCRs working hours are 07:00 to 20:00, Monday to Friday.
The working hours for the Controlled Areas are 08:30 to 16:00, Monday to Thursday,
and 08:30 to 16:00 on Friday.
Exceptions to these hours are possible further to a specific request and justification,
subject to the approval of the Security Service, Medical Service and Radioprotection
Service.
The JRCs specialised services have the right to enter the workplace/site and suspend all
or part of the work if they discover serious breaches of safety rules, without this
involving the automatic extension of the contract period.
The Commission may insist on the removal of staff employed by the Contractor or
subcontractor failing to comply with the safety requirements arising under this contract
and attributable to the contractor or subcontractor.
Article 9 - Delegation
The Contractor shall appoint a Site/Works Manager to be responsible for the
management, technical assistance, supervision and monitoring of the work covered
under this contract, whom the Contractor shall have provided with all the powers and
facilities he requires to represent the Contractor to the Commission.
The Commission shall notify the Site/Works Manager, or authorised deputy, of any
provisions (even verbal ones) relating to the production of the report which is the
subject of the contract.
FN: JRC IPR 2012 C04 007 OC_Data Centre_PC-04_Annex IV Contractual Safety Clauses_B5_fv-01.doc
In order to do this, the Contractor undertakes to conduct, with the Commission, a
detailed joint inspection of the site where work is to be carried out and to produce the
relevant joint inspection report to assess, first hand, the risks connected to the work and
to recommend any necessary or useful preventative or protection measures.
During the inspection, the work areas relevant to all phases of the tender will also be
established. Where possible, the Contractor shall ensure that these areas are closed off
before work begins, using the appropriate barrier tape, barriers and signs. Where this
obligation applies, it must be noted in the inspection report or Operational Safety Plan.
Similarly, the provisions of Legislative Decree No 81/2008 will also apply to worksites.
The Site/Works Manager may only commence work once the Risk Assessment (this
being produced following the joint inspection and the production of the relevant report)
and the Operational Safety Plan for the sites have been produced and delivered to the
Awarding Authority, and following the formal approval of these documents by the
Awarding Authority.
FN: JRC IPR 2012 C04 007 OC_Data Centre_PC-04_Annex IV Contractual Safety Clauses_B5_fv-01.doc
Article 12 - Infringements discovered by the Commission
If the Commission learns, through its own departments or from the Works Manager,
that the Contractor has infringed provisions on safety, accident and occupational disease
prevention, it may impose the following sanctions on the Contractor as considered
necessary in view of the seriousness of the infringements and the number which have
occurred:
a) an oral reprimand;
b) a written reprimand;
c) removal of staff;
d) removal of the Site/Works Manager;
e) full or partial suspension of the work assigned to the Contractor;
f) termination of the contract.
The Contractor is hereby informed that any termination of the contract under point f)
may prejudice his future involvement in tenders for the performance of works or
services on behalf of the Commission.
In any event, the Commission reserves the right to claim compensation for damages
incurred as a result of breach of contract, negligence or incapability on the part of the
Contractor.
FN: JRC IPR 2012 C04 007 OC_Data Centre_PC-04_Annex IV Contractual Safety Clauses_B5_fv-01.doc