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Call for tenders JRC/ IPR/2012/C04/007/OC

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

FP: B5_B5 04 Procurement Annex IV: Safety clauses


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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).

Article 2 - Knowledge of the documentation


The parties confirm that the Contractor has established the price and its various
components on the basis of a careful and detailed examination of all the necessary
documentation provided and, where required, after a direct and joint inspection of the
site where the work is to take place.
The Contractor shall take all necessary measures to ensure compliance with existing
legislation in Italy and the JRCs internal rules, which form part of this annex. The
Contractor shall in particular take account of the visitors' leaflet and the Emergency
Plan for the building in which the work is to take place and meet the Building Delegate.
If the services are to be conducted off-premises, the Contractor must have been
provided with the Building Emergency Plan (BEP) for the building closest to the site of
the work.

Article 3 - Obligations of the Contractor


The Contractor undertakes to comply with Italian legislation on safety at work and the
internal rules of the Commission's JRC Ispra site.
The Contractor will have complete freedom to organise the workplace/site assigned by
the Commission (staff, resources and equipment) as he sees fit, while complying fully
with the work schedules and instructions given by the Commission.
The Contractor must forward a copy of the Accident Register to the Safety at Work
Section of the Occupational Health and Safety Unit (OHS Unit),Building 51, no later
than 10 days prior to the start of the work.
The works must be carried out during the working hours of the Ispra site, taking into
account the annual holidays observed by the JRC Ispra site. Exceptions to this will only
be permitted if duly justified and if the statutory staff responsible for supervising the
work are present on the site.

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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.

Article 4 - Use of machinery and equipment


All machinery and equipment required for the performance of this contract must be the
property of the Contractor, unless otherwise stipulated in the contract. The use of
machinery and equipment made available under lease, hire or rental agreements shall
also be authorised, if notified in advance by the Contractor.
In the event of force majeure, the use of JRC equipment on a temporary basis shall
require the Commissions express authorisation in writing.
When taking delivery of any machinery, equipment or any other item loaned for use on
a temporary basis, the Contractor shall check that it is in perfect condition and has been
made safe, if necessary, and must take complete responsibility for the use thereof from
that moment on.
Delivery will be confirmed by means of a special note signed by both the Contractor
and the Commission.
Machinery and equipment owned by the Contractor and brought onto the Commission
site must be listed in detail so that it can be easily identified. All necessary materials and
equipment must be brought onto the Ispra site solely and exclusively through customs,
having completed all necessary formalities for entering the Centre.
No equipment or materials belonging to the Contractor may be left on the JRC site but
must be removed promptly, unless otherwise agreed.

Article 5 - Staff details


Before work commences, the Contractor shall give the Commission the names of his
own staff or of staff employed by any subcontractor who will be performing work under
this contract.
The staff list is to include their personal details, qualifications, date of recruitment and
social security and insurance details. The Commission reserves the right to refuse any
staff member listed, without having to provide a reason for its decision.
Every contractor must include the workers' eligibility forms in the Operational Safety
Plan.
In the case of construction work a copy of the staff registration book must be kept at the
workplace/worksite.

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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.

Article 6 - Remuneration and contributions


The Contractor undertakes to apply to his employees the rules in the various labour
agreements relating to pay and working arrangements.
The Contractor also undertakes, in respect of his own employees, to comply with all
labour relations obligations applicable and to pay the insurance and social security
contributions laid down in the aforementioned agreements and in the regulations in
force in the various countries from which the employees come.
In all cases, the Contractor shall show that all his employees have appropriate insurance
cover.
The Commission may, at any time, ask, in writing or verbally, to check documents to
ensure that the Contractor is complying with these obligations, and may even visit the
Contractor's head office in order to do so.

Article 7 - Use of the JRC canteen


Staff employed by the Contractor may use the canteen subject to the following
conditions:
- they must be appropriately dressed, respecting conventions of personal hygiene;
- they must be wearing clean footwear, free of mud or any other substance likely to
make the floor slippery;
- they must wear their Bersani Decree identification badge and their visitors badge.

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.

Article 8 - Contractor staff compliance with accident prevention regulations


The Contractor must require his staff to comply with Italian accident prevention
regulations and require his supervisors to check that they do.
The Contractor shall also:
- apply the hygiene and safety measures stipulated by current Italian law;
- ensure that his workers, self-employed workers or subcontractors are given detailed
information regarding workplace hazards, as notified by the Commission in an
inspection report or, if applicable, the Safety and Coordination Plan;

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- 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.

In order to exercise these responsibilities, the Site/Works Manager (or authorised


deputy) must at all times be present at the site where the work which is the subject of
this contract is to be carried out.
The Commission must be given the name of the Site/Works Manager (and of his/her
deputy) and a copy of the document authorising them to perform his/her duties before
work commences.

Article 10 - Inspection of worksites and Interference Risk Assessment Single


Document
Before the start of the work, the Contractor shall assist the Awarding Authority, or the
Commission's representative, in producing the Interference Risk Assessment Single
Document, by conducting its own Risk Assessment in accordance with Italian Law
(Legislative Decree No 81/2008) and sending the risk assessment to the Awarding
Authority, so that it can be included in the Interference Risk Assessment Single
Document.

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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.

Article 11 - Procedures in the event of incidents or accidents


The Contractor is required to ensure that his staff comply with the following
procedures:

1 Accidents involving personal injury


1.1 - In the event of an accident involving personal injury during Medical Service
working hours (Monday-Thursday 08:30-17:30, Friday 08:30-16:30), the
Medical Service must be informed immediately (telephone extension 5666)
and will give appropriate instructions and call for an ambulance if required.
In the event of an accident outside Medical Service working hours, please
call extension 5666; an ambulance will transfer the accident victim to the
nearest hospital (Angera).
1.2 - The Contractor must notify the Security Engineer/Safety at Work Section of
all accidents within 24 hours and also, in the event of radiation and/or
contamination, the Occupational Health and Safety (OHS) Unit, forwarding
a copy of the description of the accident to the Commissions Technical
Manager/Works Manager.

2 Accidents involving damage to property


Situations likely to cause damage to property must be notified immediately to the
emergency team on extension 5666.
In the event of accidents involving no personal injury, the Occupational Safety
Inspection Service must be notified as soon as possible (on telephone extension
9769).

3 Alarm in the event of an emergency


Please refer to the visitors leaflet (Article 2).

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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.

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