Common use of Safety Programs Clause in Contracts

Safety Programs. The Trade Contractor shall have a Project Safety Program consistent with the Standard of Care and all applicable requirements set forth herein. The Trade Contractor shall be bound by and adhere to any safety program the Construction Manager may have. If the Construction Manager reviews, monitors and/or coordinates with the Trade Contractor’s safety programs it shall not relieve the Trade Contractor from controlling its safety programs. The Trade Contractor shall also have controlling employer responsibility for the safety programs and precautions applicable to its Trade Contractor Work and the activities of other work in areas designated as within the control of Trade Contractor. Furthermore, the Trade Contractor agrees that the Trade Contractor will include reasonable precautions for safety of: (a) its employees on the Project and other Persons who may be affected thereby; and (b) all Project Participants. The Trade Contractor will also take reasonable precautions for the protection of the Trade Contractor Work, third-party materials and equipment stored on the Project Site in accordance with the Trade Contractor’s direction, and other property at or on Adjacent Property to the Project Site. 13.1.1 In addition to its defined meaning, for purposes of this Paragraph 13.1, “Hazardous Materials” also means any element, compound, mixture, solution, particle or substance which is or may become dangerous, or harmful to the health and the welfare of life or the physical environment if not used, stored or disposed of in accordance with Applicable Laws, including explosives, petroleum products, radioactive materials, hazardous wastes, toxic substances, any “PCBs” or “PCB items,” as defined in 40 C.F.R. 761.3, and any “asbestos,” as defined in 40 C.F.R. 763.63. 13.1.2 In the event the Trade Contractor encounters on the Project Site existing material reasonably believed to be Hazardous Materials which is not part of or a result of the Trade Contract Work and has not been rendered harmless, the Trade Contractor shall immediately stop the Trade Contractor Work in the area affected and report the condition to the Authority in writing. The Trade Contractor Work in the affected area shall not thereafter be resumed except by written agreement of the Authority, and Trade Contractor, if in fact the material is a Hazardous Material and has not been rendered harmless. The Trade Contractor Work in the affected area shall be resumed in the absence of Hazardous Materials, or when it has been rendered harmless.