48 C.F.R. PART 323—ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
Title 48 - Federal Acquisition Regulations System
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 66 FR 4245, Jan. 17, 2001, unless otherwise noted.
This subpart prescribes the use of a safety and health clause in contracts involving hazardous materials or operations, and provides procedures for administering safety and health provisions. Various statutes and regulations (e.g. Walsh-Healy Act; Service Contract Act) require adherence to minimum safety and health standards by contractors engaged in potentially hazardous work. The guidance contained in FAR subpart 23.3 shall be used for hazardous materials as the primary reference. When the guidance is judged insufficient or does not meet the safety and health situation in the instant acquisition, this subpart shall be followed. (a) Contracting activities. Contracting activities shall use the clause set forth in 352.223–70, or a clause reading substantially the same, in prospective contracts and subcontracts involving hazardous materials or operations for the following: (1) Services or products; (2) Research, development, or test projects; (3) Transportation of hazardous materials; and (4) Construction, including construction of facilities on the contractor's premises. (b) Safety officers. OPDIV safety officers shall advise and assist initiators of acquisition requests and contracting officers in: (1) Determining whether safety and health provisions should be included in a prospective contract; (2) Evaluating a prospective contractor's safety and health programs; and (3) Conducting post-award reviews and surveillance to the extent deemed necessary. (c) Initiators. Initiators of acquisition requests for items described in paragraph (a) of this section shall: (1) During the preparation of a request for contract, and in the solicitation, ensure that hazardous materials and operations to be used in the performance of the contract are clearly identified; and (2) During the period of performance: (i) Apprise the contracting office of any noncompliance with safety and health provisions identified in the contract; and (ii) Cooperate with the safety officer in conducting review and surveillance activities.
Title 48: Federal Acquisition Regulations System
PART 323—ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
Section Contents
323.7000 Scope of subpart.
323.7001 Policy.
323.7002 Actions required.
Subpart 323.70—Safety and Health
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323.7000 Scope of subpart.
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323.7001 Policy.
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323.7002 Actions required.
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