- All Contractors entering or working on Company Property must comply, and ensure that Contractor’s Workforce complies, with, these Rules, the Laws, all applicable standard codes of practice and all such other work rules, safety regulations and environmental policies issued by the Company.
- Contractor is responsible for instructing Contractor’s Workforce and making known to them the contents of these Rules and of any matters brought to Contractor’s attention by the Company’s Safety Health and Environment Officer.
- Contractor shall employ only careful, skilled and qualified persons to perform Services. Company may object to, and require Contractor to remove from Company Property, any person of Contractor’s Workforce who, in the opinion of Company, misconducts himself, does not comply with these Rules or is not careful, skilled or qualified to perform the Services, and such person shall not again be granted access to Company Property without the written permission of Company.
- All Contractor notices and queries shall be addressed to Company's nominated manager, which, for the avoidance of doubt, may be the same person as the Project Manager (“Company’s Manager”).
- Contractor and Company’s Manager shall agree to a schedule and the hours for performance of the Services.
- Contractor shall advise Company’s Manager of the names and the number of personnel of Contractor’s Workforce to be engaged to perform the Services prior to their arrival on Company Property.
- Contractor shall not lay in excavation nor cover or hide any part of the Services performed until approved by Company’s Manager
Contractor’s Safety Responsibilities
All Contractors and Contractor’s Workforce are expected to (1) follow all applicable Laws and regulatory guidelines; (2) adhere to Company policies at all times while on Company Property; (3) conduct themselves in a professional and lawful manner at all times while on Company Property; and (4) be aware of the dangers associated with an active industrial complex.
Prior to commencing Services, Contractor shall:
(a) Provide Company with applicable Certificates of Insurance for Contractor and Contractor’s Workforce in a form and with policy limits and conditions satisfactory to Company. Contractor shall arrange insurance to cover Contractor’s Workforce against injury or loss of life and to cover Contractor’s tools and equipment against loss or damage. Contractor shall arrange third-party and public liability insurance to indemnify Company against damage to Company’s property or injury to Company’s employees caused by the actions of Contractor or Contractor’s Workforce; 3
(b) Contractor and each member of Contractor’s Workforce performing Services will attend Company safety and process meetings, including, but not limited to site specific safety orientation and kickoff meetings as requested by Company; and
(c) Deliver to Company a Visitor Release executed by Contractor and each individual member of Contractor’s Workforce that will be entering upon Company Property. Contractor and each of Contractor’s Workforce will abide by Company's hygiene, safety, and dress codes and the directions of Company representatives. Company may revoke Contractor’s or Contractor’s Workforce permission to enter Company Property at any time at its sole discretion.
Notice to Contractor
Contractor is advised (and Contractor will advise Contractor’s Workforce) that Company Property contains known and unknown inherent risks, dangers and hazards, including, but not limited to, risks involving vehicles, moving machinery, equipment, uneven or slippery surfaces, explosion, fire, smoke, gases, steam, chemicals, emissions and other conditions. Nonetheless, Contractor and Contractor’s Workforce elect to voluntarily enter upon the Properties, waive notice of any and all risks and hazardous or negligent conditions existing upon Company Property, and voluntarily assume all risks of loss, damage or injury, including death, that may be sustained while on Company Property, even if caused by Company’s negligence, negligent act and/or negligent condition. Contractor is advised that, in consideration of being retained by Company, Contractor hereby releases and holds harmless Company, its employees, officers, directors, agents, assigns and Affiliates, from all liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage or injury, including death, that may be sustained by Contractor, Contractor’s Workforce, or its property, while on Company Property, even if caused by Company’s negligence, negligent act and/or negligent condition. Contractor agrees to indemnify Company for any and all causes of action against Company brought by Contractor or Contractor’s Workforce, whether or not caused by Company’s negligence. Contractor, acknowledges that, as a result of entering on Company Property, Contractor and Contractor’s Workforce may obtain information about Company which is proprietary or confidential, such as manufacturing methods and processes, equipment, and designs (collectively, “Confidential Information”). Contractor will not disclose such Confidential Information to any other person or use it for any purpose adverse to the Company. Contractor shall be responsible for any breach of the obligations of confidentiality by Contractor’s Workforce. Contractor and Contractor’s Workforce shall not permit others on Company Property without a business purpose. However, if it becomes essential that a guest enter on Company property, then that guest shall sign a Visitor Release, be subject to these 4 Rules, be escorted by the Contractor to the site, and be accompanied by Contractor at all times.