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<br />All designs and data furnished by or on behalf of CONTRACTOR or COMPANY shall be <br />considered confidential and shall be used only for performance of this CONTRACT. <br />1 Prior io making any statements to the press or other public releases, SUBCONTRACTOR shall <br />first obtain written approval from CONTRACTOR. <br />1 SC-4.0 HEALTH. SAFETY AND ACCIDENT PREVENTION <br />f CONTRACTOR acknowledges that the project site for the scope of services to be performed <br />hereunder may contain waste materials which have been alleged to be hazardous. <br />CONTRACTOR shall conduct all operations under this Agreement in a manner to avoid risk of <br />bodily harm to persons or damage to property and in full compliance with Occupational Safety <br />and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), <br />COMPANY and CONTRACTOR requirements, and any and all other applicable legal <br />requirements. Further, CONTRACTOR shall continuously inspect its work, materials and <br />equipment to identify any unsafe conditions and shall promptly take action to correct any <br />condition which presents such a risk or non-compliance with the above-referenced requirements. <br />CONTRACTOR represents and warrants that it is fully qualified and knowledgeable with respect <br />to all health and safety requirements relating to the Work and that as an independent contractor, <br />CONTRACTOR shall be solely responsible for compliance with those requirements. <br />Upon execution of this Agreement and prior to providing services hereunder, CONTRACTOR <br />t. shall submit in writing to CONTRACTOR its Health & Safety Program as required by the <br />OSHA "Hazardous Waste Operations and Emergency Response" standard. Dames & <br />~, CONTRACTOR shall have the right, but not the duty, to review CONTRACTOR's Health and <br />Safety Program for compliance with OSHA standards, which may include, but are not limited <br />to, Hazazdous Waste Operations and Emergency Response, Respiratory Protection, Hazard <br />Communication, Hearing Conservation, and Confined Space Entry. CONTRACTOR will make <br />available to CONTRACTOR for review documents that will assist in the evaluation of <br />CONTRACTOR's Health and Safety Program, including, but not limited to, OSHA "Log and <br />Summary of Occupational Injuries and Illnesses" and Worker's Compensation Insurance <br />information. <br />CONTRACTOR shall incorporate, at no extra charge to CONTRACTOR, any comments from <br />CONTRACTOR following COMPANY'S review of the CONTRACTOR'S Program and shall <br />re-submit the Program until CONTRACTOR has no further comment. CONTRACTOR'S <br />review of and comment on the CONTRACTOR'S Program shall not be deemed to be an <br />assumption of any health and safety responsibility by CONTRACTOR and shall not relieve <br />CONTRACTOR from its obligation to ensure that its Health & Safety Program and its Work <br />complies with all applicable health and safety requirements. <br />1 CONTRACTOR shall submit in writing verification that (i) CONTRACTOR personnel assigned <br />to the project have received 40 hour health and safety training meeting the requirements of 29 <br />CFR 1910.120 (e); (ii) that the assigned field supervisor has completed eight hours of supervisor <br />training that meets the requirements of 29 CFR 1910.120 (e)(4); and (iii) that personnel assigned <br />to the project are participating in a medical surveillance program that meets the requirements of <br />4-2 <br />